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City of Muskegon
City Commission Meeting
Agenda
April 11, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF MUSKEGON AND ANY OF
ITS COMMITTEES OR SUBCOMMITTEES
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The participant will then receive a zoom link which will allow them to watch live and give comment. Contact
information is below. For more details, please visit: www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the
hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with
disabilities who want to attend the meeting with twenty-four (24) hours’ notice to the City of Muskegon.
Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by writing
or by calling the following: Ann Marie Meisch, MMC – City Clerk, 933 Terrace Street, Muskegon, MI 49440;
231-724-6705; [email protected]
Pages
1. Call To Order
2. Prayer
3. Pledge of Allegiance
4. Roll Call
5. Honors, Awards, and Presentations
6. Public Comment on Agenda Items
7. Consent Agenda
7.a Approval of Minutes - City Clerk 1
7.b Opioid Settlement, Round 2 - City Manager 22
7.c Amendments to the zoning ordinance, marihuana processing - Planning 86
7.d Rezoning a portion of 560 Mart St - Planning 92
7.e Rezoning of 1163 Terrace St - Planning 98
7.f Deficit Elimination Plan - Brownfield Redevelopment Authorities - Finance 104
7.g Emergency Management Resolution - Pubic Safety 110
7.h Sale of 740 Leonard Avenue - City Manager 160
8. Public Hearings
9. Unfinished Business
10. New Business
10.a Non-union employee insurance premiums - City Manager 167
10.b Climate Action - City Manager 169
10.c Amendment to the zoning ordinance, carriage house requirements - Planning 171
11. Any Other Business
12. Public Comment on Non-Agenda items
13. Closed Session
13.a Pending Litigation
14. Adjournment
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date:April 11, 2023 Title: Approval of Minutes
Submitted By: Ann Marie Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve the minutes of the March 13, 2023 Worksession and March 14, 2023 Regular Meeting.
Detailed Summary & Background:
Include information that will be useful to commissioners in deciding how to vote. If the item has
been discussed at a previous commission meeting, include that information as well.
Goal/Focus Area/Action Item Addressed:
Refer to the 2022-2027 Long Term Goals document.
Amount Requested: Amount Budgeted:
Contact Finance if your item does not fit into
the current budget.
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
To approve the minutes.
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
Packet Page 1
City of Muskegon
Work Session
Minutes
March 13, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
Present: Mayor Ken Johnson
Commissioner Rachel Gorman
Commissioner Rebecca St.Clair
Commissioner Eric Hood
Vice Mayor Willie German, Jr.
Commissioner Michael Ramsey
Commissioner Teresa Emory
Staff Present: City Manager Jonathan Seyferth
City Clerk Ann Meisch
Deputy City Clerk Kimberly Young
1. Call to Order
The Worksession meeting was called to order by Mayor Johnson at 5:30 p.m.
2. New Business
2.a Shoreline Drive Phase 1 Study Results
Staff would like to present an update on the preliminary findings from the
Shoreline Drive project. See attached for preliminary report details. Staff will be
seeking feedback and direction moving forward for potential future phases of
the project.
Dan VanderHeide, Director of Department of Public Works, introduced Chris Zull,
Progressive AE. Chris Zull presented the study results of the Shoreline Drive
Phase 1 Study. Discussion took place regarding the Shoreline Drive Diet. DPW is
looking to continue the PILOT and does not have any recommendations at this
time on the future of this space. They will present options for what this space
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would look like based on results of the study and the desire of the Commission.
This will be years down the road and will depend on funding, feasibility, etc. The
City is evaluating these improvements to the corridor to reduce travel speeds,
connect the downtown to the lakeshore, and create more vibrancy in the area.
Discussion took place regarding Phase 2 of the Shoreline Drive Road Diet and
Commission consensus is to move forward.
2.b South Breakwater Lighthouse
Staff will brief the City Commission on the needed restoration of the Muskegon
South Breakwater Lighthouse that is under the stewardship of Michigan
Lighthouse Conservancy through a 2010 lease with the U.S. Army Corps of
Engineers. Staff recommends the City of Muskegon assume the MLC’s lease that
runs through 2035 and lead the restoration project.
Please find these attachments:
1. Staff memo outlining the restoration project.
2. Photos of the lighthouses from Barb Lowry and Jeremy Church
3. Executive summaries from 2015 and 2018 investigation of the
lighthouse’s condition.
4. June 2022 engineering estimates of rehabilitation items
5. Copy of the MEDC grant agreement with the city and very preliminary
budget
6. Copy of the MLC lease with the U.S. Army Corps of Engineers (transfers
and assignments on page 2).
City staff is looking for feedback from the commission and consensus on moving
forward with assuming the stewardship of the lighthouse and leading the
restoration.
AMOUNT REQEUSTED: Remainder of funds would be privately raised.
AMOUNT BUDGETED: $800,000 (first $400,000) in a MEDC grant.
Item for information only. Commission consensus is to move forward to assume
the lease and stewardship. More information will come later.
2.c Nelson House Presentation
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Staff will present a potential project to move the historic Nelson House to a City
owned vacant lot. Staff and the Historic District Commission have heard interest
from the public in preserving the Nelson House, located at 1292 Jefferson Street.
The house is currently owned by Muskegon Public Schools and slated for
demolition later in 2023. The house was built as the home of Charles D. Nelson, a
prominent Muskegon citizen for whom Nelson School and Nelson Neighborhood
are named. The proposal at this time is for the City to explore funding options for
acquiring the house and moving it to 382 W. Muskegon Avenue – the last
remaining lot in the Historic Infill Area in the Houston Historic District. If moved
to this location, the
house would then be listed for sale in as-is condition and ultimately rehabilitated
by a private owner.
AMOUNT REQUESTED: $190,000-$225,000
FUND OR ACCOUNT: TBD
Planner, Jamie Pesch, presented information on the history of the Nelson House.
Discussion took place regarding the possibility of moving the home to another
location on Muskegon Avenue. Commission is generally supportive of further
exploring this opportunity. The idea is that the home would be located in a
Historic District, new owners would be expected to make necessary
improvements and to go through the Historic District Commission to have
improvements approved.
No. 2023-40
Motion by: Commissioner Emory
Second by: Commissioner St.Clair
To suspend the rules and allow public comment regarding the Nelson House
before the end of the meeting.
YES: (7): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair,
Commissioner Hood, Vice Mayor German, Commissioner Ramsey, and
Commissioner Emory
MOTION PASSES (7 to 0)
2.d 1095 Third Street Proposal Reviews
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Two Low Income Housing Tax Credit firms and one market rate developer have
all approached us on the Catholic Charities parcel, and we have solicited
proposals on their concepts for staff and commission review.
We have received consistent interest in this site over the past 8-10 months, but
it has been under contract with another developer. Now that firm has bowed out
due to market conditions, and we have proposals from other entities that wish
to complete infill housing and/or mixed-use projects at the site. The building
currently sits empty, and we have our facilities team routinely checking it for
utility issues and any potential dumping/blight/vandalism problems. Thus far we
have been quite lucky and there are minimal issues. We did just have a boiler
component fail, so we cut off the gas and turned off the water to the building to
avoid any damage.
The building should not sit vacant under our ownership for another year as it will
continue to deteriorate, and it presents a powerful opportunity to address the
housing shortage we are experiencing in the community. To that end, staff has
requested the various firms that have inquired about the building to show us
what they are proposing, and would like commission feedback in selecting a
preferred firm. As this was not a formal RFP, rather than make a specific
recommendation staff will review each proposal and highlight pros and cons
from each. We hope to move forward with direction on a preferred private
sector partner from the commission’s perspective as they all offer different
scopes, and will return to you with a proposed development agreement in an
upcoming meeting.
Jake Eckholm, Director of Development Services, provided an overview of the
status of the Catholic Charities parcel. Three proposals have been submitted.
Director Eckholm provided a summary of the proposal from Spire. Discussion
took place of pros and cons. Two of the three proposals would be LITC housing -
Low Income Tax Credit. Shawn McMickell from Spire was in attendance and
addressed the Commission and answered some questions. There is also a
proposal from General Capital - Director Eckholm provided a summary of the
proposal from General Capital. General Capital proposes 51 units, some of which
could be live/work. Josh Haffron from General Capital was in attendance and
made comments and took questions. The third proposal is from West Urban
Properties. Dave Dusendang proposes a hybrid approach to the project. Mr.
Dusendang made comments about his proposal for developing the building on
Third Street. Development Services is looking for the commission to select a
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developer to move forward with. This item will be on the agenda for the March
14, 2023 Meeting.
2.e Water Rate Analysis Presentation
Staff will present the results of a water rate analysis, including recommendations
for water and sewer rates for the 2023-24 fiscal year. Working with Warren
Creamer of MFCI and Prein & Newhof consulting engineers, staff developed a
capital improvement plan as well as a water and sewer rate analysis
methodology and result that will be presented to the Commission for
information and discussion. The discussion will focus on ways to increase
revenue in the water fund.
Dan VanderHeide, Public Works Director, presented information about how to
deal with the debt of our water/sewer fund. Commission is generally supportive
of the presented solution.
3. Public Comment
Public comment was received.
4. Adjournment
The Work Session meeting adjourned at 9:40 p.m.
_________________________
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
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City of Muskegon
City Commission Meeting
Minutes
March 14, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
Present: Mayor Ken Johnson
Commissioner Rachel Gorman
Commissioner Rebecca St.Clair
Commissioner Eric Hood
Vice Mayor Willie German, Jr.
Commissioner Michael Ramsey
Commissioner Teresa Emory
Staff Present: City Manager Jonathan Seyferth
City Clerk Ann Meisch
City Attorney John Schrier
Deputy City Clerk Kimberly Young
1. Call To Order
The Regular Meeting of the City of Muskegon was held at City Hall, 933 Terrace
Street, Muskegon, Michigan at 5:30 p.m. on Tuesday, March 14, 2023.
Confirm default minutes.
2. Prayer
Pastor Bennet from Mount Zion Church of God in Christ opened the meeting with
a prayer.
3. Pledge of Allegiance
The Commission and public recited the Pledge of Allegiance to the Flag.
4. Roll Call
As recorded above
5. Honors, Awards, and Presentations
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5.a Bring it to the Table - Muskegon Community College
Information regarding a film screening and dialogue will be provided to the
City Commission and the public. Filmmaker Julie Winokur travels to divers
communities across the county to ask citizens to sit down and speak
candidly about their political beliefs in non-confrontational setting. The
event is being held at the MCC Overbrook Theater on Wednesday, March
15, 2023 at 6:30 p.m.
George Maniates, Director of Center for Experiential Learning at
Muskegon Community College. Mr. Maniates is also a history instructor
and was in attendance at the City Commission meeting to inform everyone
of the opportunity to attend and be involved in a training discussion about
divisive politics and the disservice it does to democracy.
6. Public Comment on Agenda Items
No public comments were received.
7. Consent Agenda
Action No. 2023-41
Motion by: Commissioner Ramsey
Second by: Commissioner Emory
To accept the consent agenda as presented, minus item B & Q.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair,
Commissioner Hood, Vice Mayor German, Commissioner Ramsey, and
Commissioner Emory
MOTION PASSES (7 to 0)
7.a Approval of Minutes - City Clerk
To approve the minutes of the February 13, 2023 Worksession, February
14, 2023 Special Meeting, and February 14, 2023 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
7.c Sale of 363 McLaughlin Avenue - City Manager's Office
Staff is requesting approval of a purchase agreement for 363 McLaughlin
Avenue. 363 McLaughlin Avenue was constructed through the agreement
with Dave Dusendang to construct infill housing with ARPA funding. The
offer is for $10,000 over the full listing price with $10,000 in seller
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concessions. The offer also includes costs to cover additional appliances
and air conditioning.
STAFF RECOMMENDATION: To approve the purchase agreement for
363 McLaughlin Avenue.
7.d Sale of 304 McLaughlin Avenue - City Manager's Office
Staff is requesting approval of a purchase agreement for 304 McLaughlin
Avenue. 304 McLaughlin Avenue was constructed through the agreement
with Dave Dusendang to construct infill housing with ARPA funding. The
offer is for $5,278 over the full listing price with $5,278 in seller
concessions. The offer also includes costs to cover additional appliances
and air conditioning.
STAFF RECOMMENDATION: To approve the purchase agreement for
304 McLaughlin Avenue.
7.e Sale of 269 Catherine Avenue - City Manager's Office
Staff is requesting approval of a purchase agreement for 269 Catherine
Avenue. 269 Catherine Avenue was constructed through the agreement
with Dave Dusendang to construct infill housing with ARPA funding. The
offer is for the full listing price with no seller concessions. The offer also
includes costs to cover air conditioning.
STAFF RECOMMENDATION: To approve the purchase agreement for
269 Catherine Avenue.
7.f Fire Truck Equipment - Public Safety
The new Fire Engine that was approved for purchase has additional
equipment that is needed to be installed on the new Fire Engine. See
attached list of equipment.
AMOUNT REQUESTED: $266,836.00
AMOUNT BUDGETED: $266,836.00
FUND OR ACCOUNT: Public Improvement -445
STAFF RECOMMENDATION: To approve the request for equipment for
the new Fire Engine that was approved for purchase on February 28,
2023.
7.g Farmers Market Rates - City Clerk
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Staff recommends increasing tier 1 – corner from $678 to $700, tier 1
regular from $628 to $650, and Tier 2 regular from $528 to $540, Saturday
daily vendors from $36 to $40, and add a new fee of Tuesdays from July –
Sept of $30. The Farmers Market Advisory committee met on February
23, 2023 to review the proposed fees and recommended approval.
STAFF RECOMMENDATION: To approve the request to increase the
vendor fees at the Farmers Market as outlined above.
7.h Amend Ordinance Chapter 6, Animals - City Manager's Office
The City Commission at their December 2022 LPC meeting directed staff
to update the Animal Ordinance to remove all specific references to any
one type of dog breed.
There were several references to “pit bull dog” in the ordinance. Those
were all removed. The language that remains references “dangerous
dogs” or “dangerous animals.”
Staff also updated the definitions of Dangerous Animal and Vicious
Animal.
Staff believes this update achieves the directive of the Commission.
It should be noted, legal counsel reviewed the update. It was point out that
by having “pit bull” in the ordinance it does make it more straight forward
to enforce on that breed if there’s an issue (the burden of proof on the City
is less because a specific breed is called out). This update could create
another step in the process for that breed. However, it now becomes
uniform for all breed types. This is simply bring provided for context and
transparency.
STAFF RECOMMENDATION: To approve the amendment to the City
Code of Ordinances for Chapter 6, Animals, as presented.
7.i Ordinance to Establish Parks & Recreation Advisory Committee -
Department of Public Works - REMOVED PER STAFF REQUEST
7.j 1095 Third Street Termination of Purchase Agreement - Economic
Development
The due-diligence and closing deadline for the purchase agreement
between the City and Suburban Properties for the redevelopment of the
former Catholic Charities site has expired, and staff recommends formally
terminating the approved purchase agreement.
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We have been in regular contact with Mr. Shaun Burket of Suburban
Properties since the August 2022 approval of the purchase agreement by
the City Commission. Unfortunately, the lending environment along with
construction costs and delays with other active projects by Suburban
Properties has caused us to reach a point of mutual separation. We are
still working collaboratively with Suburban on a potential infill housing
project, so we anticipate future partnerships are likely. We will consider
proposals from other developers who have been waiting for a turn at this
property most of the time it has been under option by Mr. Burket in
another agenda item.
STAFF RECOMMENDATION: To approve the Termination of Purchase
Agreement as presented and authorize the Mayor and Clerk to sign.
7.k On-Premise Tasting Room Permit for Rake Beer Project, LLC - City
Clerk
To adopt a resolution approving a new On-Premise Tasting Room Permit
for Rake Beer Project, LLC at 500 W. Western Avenue, Suite 200,
Muskegon, MI 49440.
STAFF RECOMMENDATION: To adopt the resolution for a new On-
Premises Tasting Room Permit for Rake Beer Project, LLC at 500 W.
Western Avenue, Suite 200, Muskegon, MI 49440.
7.l USACE Right of Entry for Sewer Repair - Department of Public Works
The U.S. Army Corps of Engineers (USACE) has requested the City
authorize their work on our property to repair a storm sewer serving the
U.S. Army Reserve base in the City. The U.S. Army Corps of Engineers
(USACE), on behalf of the U.S. Army Reserve base located at 1430
Parslow Drive, plans to repair a storm sewer outlet that has severely
eroded the bank of Ruddiman Creek. The storm sewer passes through
the City’s property on it’s way to the creek. The storm sewer sits in an
easement; however, the scope of the repair is larger than the easement.
The USACE has requested the City sign a Right of Entry (ROE) document
authorizing them to work on the City’s property to make the repair.
STAFF RECOMMENDATION: Grant Right of Entry to the U.S. Army
Corps of Engineers and authorize the Mayor and Clerk to sign the Right of
Entry documents and certification.
7.m McGraft Community Building Roof Replacement - Department of
Public Works
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Staff proposes to replace the roof at the McGraft Community Building due
to leaks.
The current roof is beyond life expectancy and some minor leaking is
occurring. Interior renovations done in 2021 and 2022 may be
compromised if corrective action is not taken. Three bids have been
obtained. Two were in excess of $60,000 but the third from Schmidt
Roofing for $29,284.00 is recommended for acceptance.
Funding will be provided through the McGraft Endowment fund, which
performed very well in the market last year and contributed approximately
$120,000 to fund improvements to the park this year and next.
AMOUNT REQUESTED: $29,284
AMOUNT BUDGETED: $100,000 (All Building Repair)
FUND OR ACCOUNT: McGraft Endowment - 101-757-986
STAFF RECOMMENDATION: Authorize staff to enter into a contract with
Schmidt Roofing for $29,284 to replace the roof at the McGraft Park
Community Building.
7.n Consumers Easement at Water Filtration Plant - Department of Public
Works
Consumers Energy has requested an easement for a utility pole support
(guy wire) on the water filter plant property to allow for new electric service
for 3421 Lakeshore Drive (a private residence).
Consumers Energy has requested an easement for a utility pole support
(guy wire) on the water filter plant property (1900 Beach Street) to allow
for new electric service for 3421 Lakeshore Drive (a private residence).
Joe Buthker, Water Filter Plant Superintendent, has reviewed the
easement and is confident that the easement and pole support will not
impact the water filter plant operations nor stand in the way of any future
planned improvements.
STAFF RECOMMENDATION: To grant an easement to Consumers
Energy on the City's property at 1900 Beach Street and authorize the
Mayor to sign the easement documents.
7.o Aggregates, Maintenance Materials & Concrete - Department of
Public Works
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Award supply of aggregates, highway maintenance materials and ready-
mixed concrete for 2023 to selected bidders. Bids were solicited for
aggregates, highway maintenance materials and ready-mixed concrete for
purchase in 2022. Purchases will be made from the recommended
bidders highlighted in yellow on the attached bid tabs. Purchases are
contingent upon product availability, timely deliveries, and prices as
quoted.
FUND OR ACCOUNT: 101, 202, 203, 590, 591
STAFF RECOMMENDATION: To award bids for aggregates, highway
maintenance materials and ready-mixed concrete purchases for 2023 as
presented.
7.p Olthoff Drive Grant Agreement - Department of Public Works
Staff is requesting approval of a contract with MDOT for a grant for the
construction of Olthoff Drive from its east end extended 1,400 feet into the
former prison industrial park, and approval of a resolution authorizing the
DPW Director and Clerk to sign the contract. This is the standard contract
that governs construction contracts that use federal funds and/or are
administered through MDOT. The estimated cost of the project is
$1,600,000, with $630,000 of that being Category A Transportation
Economic Development Fund (TEDF) grant dollars. The reminder of
$970,000 is accounted for in the City’s planned distribution of the
remaining MEDC grant used to prepare the industrial park for
development. $320,000 will be used to provide the match for this TEDF
grant, and $650,000 will be used for the construction of the water and
sewer lines. Of the project budget, $53,875 has been spent on design
engineering services, and $62,600 is planned for construction engineering
services. These were awarded to HRC by Commission on May 11,
2021.The project has been bid, but award to the contractor cannot be
made until MDOT has approved the grant agreement and issued a notice
to proceed. The construction contract will be brought to the Commission
in late March or early April for award.
AMOUNT REQUESTED: $950,000 Road - $650,000 Utilities/ $1,600,000
Total
AMOUNT BUDGETED: $630,000 MDOT TEDF - $970,000 MEDC/
$1,600,000 Total
FUND OR ACCOUNT: Varies (100% Grant)
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STAFF RECOMMENDATION: To approve the Olthoff Drive MDOT
Contract and a resolution authorizing the DPW Director and Clerk to sign
the contract.
7.b Rules of the City Commission - City Clerk
To modify the Rules of the City Commission under E. Citizen Participation
(2) and remove the option for groups to be allowed to speak ten minutes.
Additional opportunities have recently been provided to the community to
communicate at meetings including the ability to call in on meetings that
are televised live, the ability to watch a meeting by zoom for those not
televised, and the addition of community engagement forums.
Because of the increase in public participation, many residents wait
beyond what can be considered a reasonable timeframe to address the
Commission.
The Legislative Committee advises the option for groups to speak ten
minutes be eliminated and allow all groups and citizens to speak up to
three minutes so all those wishing to address the Commission can do so
in a timely manner.
STAFF RECOMMENDATION: To approve the revised Rules of the City
Commission to eliminate the option for groups to speak ten minutes.
Action No. 2023-42
Motion by: Vice Mayor German
Second by: Commissioner Ramsey
To approve the revised Rules of the City Commission to eliminate the
option for groups to speak ten minutes.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Commissioner Ramsey, and Commissioner
Emory
Nays: (1): Vice Mayor German
MOTION PASSES (6 to 1)
7.q 1st Amendment to the Temporary Water Operator Agreement with
Muskegon Heights - City Manager
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The City of Muskegon has been providing Operators in Charge (OIC) for
the City of Muskegon Heights since Jan. 1, 2023 for both water treatment
and water distribution. The is an amendment to that agreement which will
temporarily provide water plant operators to Muskegon Heights. This will
expire on March 31, 2023.
During the month of March, the Muskegon Heights water plant will be
short a fulltime operator which will cause a staffing issue for a few shifts
during the balance of the month. In an effort to assist, Muskegon will
provide plant operators on a limited basis during this time. It is anticipated
that Muskegon staff will be operating the Muskegon Heights plant for 10 to
16 hours per week (two shifts per week). These Muskegon operators have
volunteered for the additional duty and will be provided in a way that does
not negatively impact staffing at the Muskegon water filtration plant.
Muskegon Heights will be charged $100 per hour per operator. Muskegon
will pay the operators out of the funds received from the City of Muskegon
Heights.
AMOUNT REQUESTED: N/A (Muskegon will charge Muskegon Heights a
rate of $100 per hour for these operators)
STAFF RECOMMENDATION: To approve the 1st Amendment between
the Cities of Muskegon and Muskegon Heights for Water Operations and
authorize the City Manager to sign.
Action No. 2023-42
Motion by: Vice Mayor German
Second by: Commissioner Ramsey
To approve the 1st Amendment between the Cities of Muskegon and
Muskegon Heights for Water Operations and authorize the City Manager
to sign.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
8. Public Hearings
8.a Recommendation for Annual Renewal of Liquor Licenses - City Clerk
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To adopt a resolution recommending the State withhold renewal of those
liquor license establishments who are in violation of Section 50-146 and
50-147 of the Code of Ordinances for the City of Muskegon. These
establishments have been found to be in non-compliance with the City
Code of Ordinances and renewal of their liquor licenses should not be
recommended by the City Commission. If any of these establishments
come into compliance by March 23, 2023, they will be removed from this
resolution.
No action needed, all businesses are in compliance or are actively
working with departments to become compliant.
STAFF RECOMMENDATION: To adopt the resolution.
8.b Public Hearing-Brownfield Plan Amendment, 2nd Amendment,
Adelaide Pointe QOZB, LLC - Development Services
Approval for Brownfield Plan Amendment, 2nd Amendment for Adelaide
Pointe QOZB, LLC (Adelaide Pointe Project) and to consider the
resolution.
Adelaide Pointe QOZB, LLC has submitted a Brownfield Plan Amendment
(2nd Amendment) for the Adelaide Pointe Project – a 35-acre mixed use
waterfront development project including winter boat storage, marina
space, In/Out forklift boat storage, commercial/retail, and up to 400
housing units.
This 2nd Amendment BPA has been prepared due to the developer no
longer seeking the City of Muskegon’s bonds to pay for eligible costs
related to public infrastructure. The developer will pay for the following
public infrastructure costs: public roadways, a reconfiguration of West
Western Ave, as well as water main, sanitary sewer and storm sewer
utilities. This will cause a shift in the Brownfield Tax Increment Funds to
allow for the developer to receive 100% reimbursement for eligible
activities. The BRA will be meeting on the morning of March 14. The
public hearing has been scheduled and is under the assumption that the
BRA will approve this 2nd amendment.
The BPA for APQ was approved by the BRA on Oct. 12, 2021 and by City
Commission on Oct. 26, 2021. The 1st Amendment to the BPA for APQ
was approved by BRA on Dec. 13, 2022 and by City Commission on Jan.
10, 2023.
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STAFF RECOMMENDATION: To close the public hearing and to approve
the resolution for the Brownfield Plan Amendment, 2nd Amendment for
the Adelaide Pointe Project authorizing the Mayor and City Clerk to sign.
PUBLIC HEARING COMMENCED: No public comments were received.
Action No. 2023-43
Motion by: Commissioner Ramsey
Second by: Commissioner Hood
To close the public hearing and to approve the resolution for the
Brownfield Plan Amendment, 2nd Amendment for the Adelaide Pointe
Project authorizing the Mayor and City Clerk to sign.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
9. Unfinished Business
9.a Housing Board of Appeals Demolition - 835 W. Forest - Public Safety
To concur with the Housing Board of Appeals decision to demolish and
authorize administration to obtain bids for the demolition and that the
Mayor and Clerk be authorized and directed to execute a contract for
demolition with the lowest responsible bidder. Housing Board of Appeals
has deemed 835 W. Forest Ave to be in property maintenance violation.
Property has been a long-standing area of blight and public
nuisance/hazard.
STAFF RECOMMENDATION: To concur with the Housing Board of
Appeals decision to demolish and authorize administration to obtain bids
for the demolition and that the Mayor and Clerk be authorized and directed
to execute a contract for demolition with the lowest responsible bidder
Action No. 2023-44
Motion by: Commissioner St.Clair
Second by: Vice Mayor German
To refer this matter back to the Housing Board of Appeals.
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Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
10. New Business
10.a Housing Board of Appeals Demolitions - 1420 S. Getty Street, 1101
Spring Street - Public Safety - REMOVED PER STAFF REQUEST
10.b 2nd Quarter Budget Reforecast - Finance
At this time staff is asking for approval of the 2nd Quarter Budget
Reforecast for the FY2022-23 budget year. Staff has prepared the 2nd
Quarter Budget Reforecast a memo outlining some of the highlights is
attached and supporting documentation.
STAFF RECOMMENDATION: To approve the 2nd Quarter FY 2022-23
Budget Reforecast as presented.
Action No. 2023-45
Motion by: Commissioner St.Clair
Second by: Commissioner Ramsey
To approve the 2nd Quarter FY 2022-23 Budget Reforecast as presented.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
10.c 2nd Amendment, Brownfield Development & Reimbursement
Agreement, Adelaide Pointe QOZB, LLC - Development Services
Staff is seeking approval for the 2nd Amendment, Brownfield
Development & Reimbursement Agreement, for Adelaide Pointe QOZB,
LLC (Adelaide Pointe Project) and to consider the attached resolution.
Contingent upon the approval of the 2nd Amendment to the BPA for
Adelaide Pointe, the 2nd Amendment to the Brownfield Development &
Reimbursement Agreement for Adelaide Pointe QOZB, LLC has been
prepared. This will cause a shift in the Brownfield Tax Increment Funds to
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allow the developer to receive 100% reimbursement for eligible activities.
The City is no longer using bonds to pay for public infrastructure. The
developer will undertake the public infrastructure expenses moving
forward. The BRA will meet on the morning of March 14. It is under the
assumption that the 2nd Amendment to the DRA will be approved during
that meeting.
The 1st Amendment to the DRA for APQ was approved by the BRA and
CC on Jan. 10, 2023.
STAFF RECOMMENDATION: To approve the resolution for the
Brownfield Development and Reimbursement Agreement for Adelaide
Pointe QOZB, LLC authorizing the Mayor and City Clerk to sign.
Action No. 2023-45
Motion by: Commissioner Ramsey
Second by: Commissioner Gorman
To approve the resolution for the Brownfield Development and
Reimbursement Agreement for Adelaide Pointe QOZB, LLC authorizing
the Mayor and City Clerk to sign.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
10.d 1095 Third Street Proposal Reviews - Economic Development
Two Low Income Housing Tax Credit firms and one market rate developer
have all approached us on the Catholic Charities parcel, and we have
solicited proposals on their concepts for staff and commission review.
We have received consistent interest in this site over the past 8-10
months, but it has been under contract with another developer. Now that
firm has bowed out due to market conditions, and we have proposals from
other entities that wish to complete infill housing and/or mixed-use projects
at the site. The building currently sits empty, and we have our facilities
team routinely checking it for utility issues and any potential
dumping/blight/vandalism problems. Thus far we have been quite lucky
and there are minimal issues. We did just have a boiler component fail, so
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we cut off the gas and turned off the water to the building to avoid any
damage.
The building should not sit vacant under our ownership for another year as
it will continue to deteriorate, and it presents a powerful opportunity to
address the housing shortage we are experiencing in the community. To
that end, staff has requested the various firms that have inquired about the
building to show us what they are proposing, and would like commission
feedback in selecting a preferred firm. As this was not a formal RFP,
rather than make a specific recommendation staff will review each
proposal and highlight pros and cons from each. We hope to move
forward with direction on a preferred private sector partner from the
commission’s perspective as they all offer different scopes, and will return
to you with a proposed development agreement in an upcoming meeting.
STAFF RECOMMENDATION: To accept the proposal from
(_______________) as presented and direct the Development Services
Director to negotiate a purchase and development agreement for 1095
Third Street for commission consideration.
Action No. 2023-45
Motion by: Commissioner Gorman
Second by: Commissioner St.Clair
To accept the proposal from West Urban Properties as presented and
direct the Development Services Director to negotiate a purchase and
development agreement for 1095 Third Street for commission
consideration.
Ayes: (7): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, Commissioner
Ramsey, and Commissioner Emory
MOTION PASSES (7 to 0)
11. Any Other Business
11.a Special Worksession
Commission discussed the best time to have a special meeting to review
and discuss the recently completed housing study as well as the pending
proposed ordinance to create a Parks and Recreation Advisory
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Committee. A special worksession will be held Wednesday, March 29,
2023 at 5:00 p.m.
12. Public Comment on Non-Agenda items
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.)
Public comments were received.
13. Closed Session
14. Adjournment
The City Commission meeting adjourned at 7:56 p.m.
Motion by: Commissioner St.Clair
Second by: Commissioner Emory
MOTION PASSES
_________________________
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 11, 2023 Title: National Opioid
Settlement, Round 2
Submitted By: Jonathan Seyferth Department: City Manager
Brief Summary:
This is the second round of Opioid settlement dollars the City will be receiving. This settlement
agreement is with Teva, Allergan, CVS, and Walgreens.
Participation in the settlement agreement removes the City’s right to taken individual legal action
against any of the participating companies.
Detailed Summary & Background:
There are several legal actions taken against pharmaceutical companies and retailers
(pharmacies) which had a large roll in creating the opioid crisis.
The State of Michigan is participating in settlements with Teva, Allergan, CVS, and Walmart.
Because the state is participating, local units have the option to participate as well and we have
until Tuesday, April 18 to opt in. If we opt in we will receive a portion of the state’s settlement
dollars related to this action. We do not have exact estimates of dollars the City will receive related
to this settlement round.
A few items to note:
- Settlement dollars can only be used for specific opioid related uses (an attachment follows
the settlement documents with those approved uses – mostly related to treatment and
services for those suffering from opioid addiction)
- Participation takes away the City’s ability to take legal action against the participating
companies
Goal/Focus Area/Action Item Addressed:
Goal 4 – Financial Infrastructure
Amount Requested: None Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: I motion to approve participation in the national opioid settlement as
presented by the State of Michigan with Teva, Allergan, CVS, and Walgreens and authorize the
City Manager to sign all related documents.
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Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
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EXHIBIT E
List of Opioid Remediation Uses
Schedule A
Core Strategies
States and Qualifying Block Grantees shall choose from among the abatement strategies listed in
Schedule B. However, priority shall be given to the following core abatement strategies (“Core
Strategies”).14
A. NALOXONE OR OTHER FDA-APPROVED DRUG TO
REVERSE OPIOID OVERDOSES
1. Expand training for first responders, schools, community
support groups and families; and
2. Increase distribution to individuals who are uninsured or
whose insurance does not cover the needed service.
B. MEDICATION-ASSISTED TREATMENT (“MAT”)
DISTRIBUTION AND OTHER OPIOID-RELATED
TREATMENT
1. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;
2. Provide education to school-based and youth-focused
programs that discourage or prevent misuse;
3. Provide MAT education and awareness training to
healthcare providers, EMTs, law enforcement, and other
first responders; and
4. Provide treatment and recovery support services such as
residential and inpatient treatment, intensive outpatient
treatment, outpatient therapy or counseling, and recovery
housing that allow or integrate medication and with other
support services.
14
As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for
new or existing programs.
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C. PREGNANT & POSTPARTUM WOMEN
1. Expand Screening, Brief Intervention, and Referral to
Treatment (“SBIRT”) services to non-Medicaid eligible or
uninsured pregnant women;
2. Expand comprehensive evidence-based treatment and
recovery services, including MAT, for women with co-
occurring Opioid Use Disorder (“OUD”) and other
Substance Use Disorder (“SUD”)/Mental Health disorders
for uninsured individuals for up to 12 months postpartum;
and
3. Provide comprehensive wrap-around services to individuals
with OUD, including housing, transportation, job
placement/training, and childcare.
D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME (“NAS”)
1. Expand comprehensive evidence-based and recovery
support for NAS babies;
2. Expand services for better continuum of care with infant-
need dyad; and
3. Expand long-term treatment and services for medical
monitoring of NAS babies and their families.
E. EXPANSION OF WARM HAND-OFF PROGRAMS AND
RECOVERY SERVICES
1. Expand services such as navigators and on-call teams to
begin MAT in hospital emergency departments;
2. Expand warm hand-off services to transition to recovery
services;
3. Broaden scope of recovery services to include co-occurring
SUD or mental health conditions;
4. Provide comprehensive wrap-around services to individuals
in recovery, including housing, transportation, job
placement/training, and childcare; and
5. Hire additional social workers or other behavioral health
workers to facilitate expansions above.
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F. TREATMENT FOR INCARCERATED POPULATION
1. Provide evidence-based treatment and recovery support,
including MAT for persons with OUD and co-occurring
SUD/MH disorders within and transitioning out of the
criminal justice system; and
2. Increase funding for jails to provide treatment to inmates
with OUD.
G. PREVENTION PROGRAMS
1. Funding for media campaigns to prevent opioid use (similar
to the FDA’s “Real Cost” campaign to prevent youth from
misusing tobacco);
2. Funding for evidence-based prevention programs in
schools;
3. Funding for medical provider education and outreach
regarding best prescribing practices for opioids consistent
with the 2016 CDC guidelines, including providers at
hospitals (academic detailing);
4. Funding for community drug disposal programs; and
5. Funding and training for first responders to participate in
pre-arrest diversion programs, post-overdose response
teams, or similar strategies that connect at-risk individuals
to behavioral health services and supports.
H. EXPANDING SYRINGE SERVICE PROGRAMS
1. Provide comprehensive syringe services programs with
more wrap-around services, including linkage to OUD
treatment, access to sterile syringes and linkage to care and
treatment of infectious diseases.
I. EVIDENCE-BASED DATA COLLECTION AND
RESEARCH ANALYZING THE EFFECTIVENESS OF THE
ABATEMENT STRATEGIES WITHIN THE STATE
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Schedule B
Approved Uses
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder
or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs
or strategies that may include, but are not limited to, the following:
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use
Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence-
informed programs or strategies that may include, but are not limited to, those that:15
1. Expand availability of treatment for OUD and any co-occurring SUD/MH
conditions, including all forms of Medication-Assisted Treatment (“MAT”)
approved by the U.S. Food and Drug Administration.
2. Support and reimburse evidence-based services that adhere to the American
Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co-
occurring SUD/MH conditions.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, including MAT, as well as counseling, psychiatric support,
and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence-
based or evidence-informed practices such as adequate methadone dosing and low
threshold approaches to treatment.
5. Support mobile intervention, treatment, and recovery services, offered by
qualified professionals and service providers, such as peer recovery coaches, for
persons with OUD and any co-occurring SUD/MH conditions and for persons
who have experienced an opioid overdose.
6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual
assault, human trafficking, or adverse childhood experiences) and family
members (e.g., surviving family members after an overdose or overdose fatality),
and training of health care personnel to identify and address such trauma.
7. Support evidence-based withdrawal management services for people with OUD
and any co-occurring mental health conditions.
15
As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for
new or existing programs.
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8. Provide training on MAT for health care providers, first responders, students, or
other supporting professionals, such as peer recovery coaches or recovery
outreach specialists, including telementoring to assist community-based providers
in rural or underserved areas.
9. Support workforce development for addiction professionals who work with
persons with OUD and any co-occurring SUD/MH conditions.
10. Offer fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11. Offer scholarships and supports for behavioral health practitioners or workers
involved in addressing OUD and any co-occurring SUD/MH or mental health
conditions, including, but not limited to, training, scholarships, fellowships, loan
repayment programs, or other incentives for providers to work in rural or
underserved areas.
12. Provide funding and training for clinicians to obtain a waiver under the federal
Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MAT for
OUD, and provide technical assistance and professional support to clinicians who
have obtained a DATA 2000 waiver.
13. Disseminate of web-based training curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based
training curriculum and motivational interviewing.
14. Develop and disseminate new curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service for Medication–
Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the programs or strategies that:
1. Provide comprehensive wrap-around services to individuals with OUD and any
co-occurring SUD/MH conditions, including housing, transportation, education,
job placement, job training, or childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD
and any co-occurring SUD/MH conditions, including supportive housing, peer
support services and counseling, community navigators, case management, and
connections to community-based services.
3. Provide counseling, peer-support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD
and any co-occurring SUD/MH conditions.
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4. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, including supportive housing, recovery housing, housing assistance
programs, training for housing providers, or recovery housing programs that allow
or integrate FDA-approved mediation with other support services.
5. Provide community support services, including social and legal services, to assist
in deinstitutionalizing persons with OUD and any co-occurring SUD/MH
conditions.
6. Support or expand peer-recovery centers, which may include support groups,
social events, computer access, or other services for persons with OUD and any
co-occurring SUD/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services
for persons with OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for
or recovery from OUD and any co-occurring SUD/MH conditions.
9. Identify successful recovery programs such as physician, pilot, and college
recovery programs, and provide support and technical assistance to increase the
number and capacity of high-quality programs to help those in recovery.
10. Engage non-profits, faith-based communities, and community coalitions to
support people in treatment and recovery and to support family members in their
efforts to support the person with OUD in the family.
11. Provide training and development of procedures for government staff to
appropriately interact and provide social and other services to individuals with or
in recovery from OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with
OUD and any co-occurring SUD/MH conditions, including new Americans.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or
supports listed above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD
and any co-occurring SUD/MH conditions through evidence-based or evidence-informed
programs or strategies that may include, but are not limited to, those that:
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1. Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for
OUD treatment.
2. Fund SBIRT programs to reduce the transition from use to disorders, including
SBIRT services to pregnant women who are uninsured or not eligible for
Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and
young adults when transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the
technology.
5. Expand services such as navigators and on-call teams to begin MAT in hospital
emergency departments.
6. Provide training for emergency room personnel treating opioid overdose patients
on post-discharge planning, including community referrals for MAT, recovery
case management or support services.
7. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, or persons who have experienced an opioid overdose, into
clinically appropriate follow-up care through a bridge clinic or similar approach.
8. Support crisis stabilization centers that serve as an alternative to hospital
emergency departments for persons with OUD and any co-occurring SUD/MH
conditions or persons that have experienced an opioid overdose.
9. Support the work of Emergency Medical Systems, including peer support
specialists, to connect individuals to treatment or other appropriate services
following an opioid overdose or other opioid-related adverse event.
10. Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar
settings; offer services, supports, or connections to care to persons with OUD and
any co-occurring SUD/MH conditions or to persons who have experienced an
opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
13. Develop and support best practices on addressing OUD in the workplace.
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14. Support assistance programs for health care providers with OUD.
15. Engage non-profits and the faith community as a system to support outreach for
treatment.
16. Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions who
are involved in, are at risk of becoming involved in, or are transitioning out of the
criminal justice system through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, those that:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for
persons with OUD and any co-occurring SUD/MH conditions, including
established strategies such as:
1. Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (“PAARI”);
2. Active outreach strategies such as the Drug Abuse Response Team
(“DART”) model;
3. “Naloxone Plus” strategies, which work to ensure that individuals who
have received naloxone to reverse the effects of an overdose are then
linked to treatment programs or other appropriate services;
4. Officer prevention strategies, such as the Law Enforcement Assisted
Diversion (“LEAD”) model;
5. Officer intervention strategies such as the Leon County, Florida Adult
Civil Citation Network or the Chicago Westside Narcotics Diversion to
Treatment Initiative; or
6. Co-responder and/or alternative responder models to address OUD-related
911 calls with greater SUD expertise.
2. Support pre-trial services that connect individuals with OUD and any co-
occurring SUD/MH conditions to evidence-informed treatment, including MAT,
and related services.
3. Support treatment and recovery courts that provide evidence-based options for
persons with OUD and any co-occurring SUD/MH conditions.
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4. Provide evidence-informed treatment, including MAT, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MAT, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are leaving jail or prison or have recently left
jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
6. Support critical time interventions (“CTI”), particularly for individuals living with
dual-diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional
settings.
7. Provide training on best practices for addressing the needs of criminal justice-
involved persons with OUD and any co-occurring SUD/MH conditions to law
enforcement, correctional, or judicial personnel or to providers of treatment,
recovery, harm reduction, case management, or other services offered in
connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring
SUD/MH conditions, and the needs of their families, including babies with neonatal
abstinence syndrome (“NAS”), through evidence-based or evidence-informed programs
or strategies that may include, but are not limited to, those that:
1. Support evidence-based or evidence-informed treatment, including MAT,
recovery services and supports, and prevention services for pregnant women—or
women who could become pregnant—who have OUD and any co-occurring
SUD/MH conditions, and other measures to educate and provide support to
families affected by Neonatal Abstinence Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including
MAT, for uninsured women with OUD and any co-occurring SUD/MH
conditions for up to 12 months postpartum.
3. Provide training for obstetricians or other healthcare personnel who work with
pregnant women and their families regarding treatment of OUD and any co-
occurring SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for NAS
babies; expand services for better continuum of care with infant-need dyad; and
expand long-term treatment and services for medical monitoring of NAS babies
and their families.
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5. Provide training to health care providers who work with pregnant or parenting
women on best practices for compliance with federal requirements that children
born with NAS get referred to appropriate services and receive a plan of safe care.
6. Provide child and family supports for parenting women with OUD and any co-
occurring SUD/MH conditions.
7. Provide enhanced family support and child care services for parents with OUD
and any co-occurring SUD/MH conditions.
8. Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma-informed behavioral health
treatment for adverse childhood events.
9. Offer home-based wrap-around services to persons with OUD and any co-
occurring SUD/MH conditions, including, but not limited to, parent skills
training.
10. Provide support for Children’s Services—Fund additional positions and services,
including supportive housing and other residential services, relating to children
being removed from the home and/or placed in foster care due to custodial opioid
use.
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and
dispensing of opioids through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, the following:
1. Funding medical provider education and outreach regarding best prescribing
practices for opioids consistent with the Guidelines for Prescribing Opioids for
Chronic Pain from the U.S. Centers for Disease Control and Prevention, including
providers at hospitals (academic detailing).
2. Training for health care providers regarding safe and responsible opioid
prescribing, dosing, and tapering patients off opioids.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Providing Support for non-opioid pain treatment alternatives, including training
providers to offer or refer to multi-modal, evidence-informed treatment of pain.
5. Supporting enhancements or improvements to Prescription Drug Monitoring
Programs (“PDMPs”), including, but not limited to, improvements that:
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1. Increase the number of prescribers using PDMPs;
2. Improve point-of-care decision-making by increasing the quantity, quality,
or format of data available to prescribers using PDMPs, by improving the
interface that prescribers use to access PDMP data, or both; or
3. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MAT referrals and follow-up for individuals
identified within PDMP data as likely to experience OUD in a manner that
complies with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation’s Emergency Medical
Technician overdose database in a manner that complies with all relevant privacy
and security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or
evidence-informed programs or strategies that may include, but are not limited to, the
following:
1. Funding media campaigns to prevent opioid misuse.
2. Corrective advertising or affirmative public education campaigns based on
evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
5. Funding community anti-drug coalitions that engage in drug prevention efforts.
6. Supporting community coalitions in implementing evidence-informed prevention,
such as reduced social access and physical access, stigma reduction—including
staffing, educational campaigns, support for people in treatment or recovery, or
training of coalitions in evidence-informed implementation, including the
Strategic Prevention Framework developed by the U.S. Substance Abuse and
Mental Health Services Administration (“SAMHSA”).
7. Engaging non-profits and faith-based communities as systems to support
prevention.
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8. Funding evidence-based prevention programs in schools or evidence-informed
school and community education programs and campaigns for students, families,
school employees, school athletic programs, parent-teacher and student
associations, and others.
9. School-based or youth-focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in
preventing the uptake and use of opioids.
10. Create or support community-based education or intervention services for
families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH
conditions.
11. Support evidence-informed programs or curricula to address mental health needs
of young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
12. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses, behavioral health
workers or other school staff, to address mental health needs in young people that
(when not properly addressed) increase the risk of opioid or another drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION)
Support efforts to prevent or reduce overdose deaths or other opioid-related harms
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the following:
1. Increased availability and distribution of naloxone and other drugs that treat
overdoses for first responders, overdose patients, individuals with OUD and their
friends and family members, schools, community navigators and outreach
workers, persons being released from jail or prison, or other members of the
general public.
2. Public health entities providing free naloxone to anyone in the community.
3. Training and education regarding naloxone and other drugs that treat overdoses
for first responders, overdose patients, patients taking opioids, families, schools,
community support groups, and other members of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expanding, improving, or developing data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
E-12
Packet Page 35
7. Public education relating to immunity and Good Samaritan laws.
8. Educating first responders regarding the existence and operation of immunity and
Good Samaritan laws.
9. Syringe service programs and other evidence-informed programs to reduce harms
associated with intravenous drug use, including supplies, staffing, space, peer
support services, referrals to treatment, fentanyl checking, connections to care,
and the full range of harm reduction and treatment services provided by these
programs.
10. Expanding access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
11. Supporting mobile units that offer or provide referrals to harm reduction services,
treatment, recovery supports, health care, or other appropriate services to persons
that use opioids or persons with OUD and any co-occurring SUD/MH conditions.
12. Providing training in harm reduction strategies to health care providers, students,
peer recovery coaches, recovery outreach specialists, or other professionals that
provide care to persons who use opioids or persons with OUD and any co-
occurring SUD/MH conditions.
13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the
following:
1. Education of law enforcement or other first responders regarding appropriate
practices and precautions when dealing with fentanyl or other drugs.
2. Provision of wellness and support services for first responders and others who
experience secondary trauma associated with opioid-related emergency events.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and
technical assistance to abate the opioid epidemic through activities, programs, or
strategies that may include, but are not limited to, the following:
1. Statewide, regional, local or community regional planning to identify root causes
of addiction and overdose, goals for reducing harms related to the opioid
epidemic, and areas and populations with the greatest needs for treatment
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intervention services, and to support training and technical assistance and other
strategies to abate the opioid epidemic described in this opioid abatement strategy
list.
2. A dashboard to (a) share reports, recommendations, or plans to spend opioid
settlement funds; (b) to show how opioid settlement funds have been spent; (c) to
report program or strategy outcomes; or (d) to track, share or visualize key opioid-
or health-related indicators and supports as identified through collaborative
statewide, regional, local or community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to
support collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and
any co-occurring SUD/MH conditions, supporting them in treatment or recovery,
connecting them to care, or implementing other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid
abatement programs.
K. TRAINING
In addition to the training referred to throughout this document, support training to abate
the opioid epidemic through activities, programs, or strategies that may include, but are
not limited to, those that:
1. Provide funding for staff training or networking programs and services to improve
the capability of government, community, and not-for-profit entities to abate the
opioid crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, or implement other strategies to abate the opioid
epidemic described in this opioid abatement strategy list (e.g., health care,
primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection and evaluation of programs and
strategies described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that
demonstrate promising but mixed results in populations vulnerable to
opioid use disorders.
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4. Research on novel harm reduction and prevention efforts such as the
provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved
detection of mail-based delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid
misuse within criminal justice populations that build upon promising
approaches used to address other substances (e.g., Hawaii HOPE and
Dakota 24/7).
7. Epidemiological surveillance of OUD-related behaviors in critical
populations, including individuals entering the criminal justice system,
including, but not limited to approaches modeled on the Arrestee Drug
Abuse Monitoring (“ADAM”) system.
8. Qualitative and quantitative research regarding public health risks and
harm reduction opportunities within illicit drug markets, including surveys
of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MAT and their association with
treatment engagement and treatment outcomes.
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DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
New National Opioids Settlements: Teva, Allergan, CVS, Walgreens, and Walmart
Opioids Implementation Administrator
[email protected]
Muskegon city, MI
Reference Number: CL-386696
TO LOCAL POLITICAL SUBDIVISIONS AND SPECIAL DISTRICTS:
THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW
NATIONAL OPIOID SETTLEMENTS. YOU MUST TAKE ACTION IN ORDER TO
PARTICIPATE.
Deadline: April 18, 2023
Five new proposed national opioid settlements (“ New National Opioid Settlements”)
have been reached with Teva, Allergan, CVS, Walgreens, and Walmart
(“Settling Defendants”). This Participation Package is a follow-up communication to
the Notice of National Opioid Settlements recently received electronically by your
subdivision or special district (“subdivision”).
You are receiving this Participation Package because Michigan is participating in the
following settlements:
Teva
Allergan
CVS
Walmart
If a state does not participate in a particular Settlement, the subdivisions in that
state are not eligible to participate in that Settlement. At this time, Michigan has not
joined the Walgreens National Settlement. The Michigan Department of the
Attorney General continues to work on a resolution pertaining to Walgreens.
This electronic envelope contains:
Participation Forms for Teva, Allergan, CVS, and Walmart, including a release
of any claims.
The proposed Michigan State-Subdivision Agreement for the Teva, Allergan,
CVS, and Walmart Settlements.
The Participation Form for each settlement must be executed, without
alteration, and submitted on or before April 18, 2023, in order for your
subdivision to be considered for initial participation calculations and
payment eligibility.
The proposed Michigan State-Subdivision Agreement for the Teva, Allergan, CVS,
and Walmart Settlements is included for reference. This agreement is in the
process of being ratified. The agreement defines the distribution between the State
Packet Page 39
DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
and Local Subdivisions and determines the allocation percentage of each Local
Subdivision.
Based upon subdivision participation forms received on or before April 18th, the
subdivision participation rate will be used to determine whether participation for
each deal is sufficient for the settlement to move forward and whether a state earns
its maximum potential payment under the settlement. If the settlement moves
forward, your release will become effective. If a settlement does not move forward,
that release will not become effective.
Any subdivision that does not participate cannot directly share in the settlement
funds, even if the subdivision’s state is settling and other participating subdivisions
are sharing in settlement funds. Any subdivision that does not participate may also
reduce the amount of money for programs to remediate the opioid crisis in its state.
Please note, a subdivision will not necessarily directly receive settlement funds by
participating; decisions on how settlement funds will be allocated within a state are
subject to interstate agreements or state statutes.
You are encouraged to discuss the terms and benefits of the New National Opioid
Settlements with your counsel, your Attorney General’s Office, and other contacts
within your state. Many states are implementing and allocating funds for these new
settlements the same as they did for the prior opioid settlements with McKesson,
Cardinal, Amerisource, and J&J/Janssen, but states may choose to treat these
settlements differently.
Information and documents regarding the New National Opioid Settlements and
how they are being implemented in your state and how funds will be allocated
within your state allocation can be found on the national settlement website at
https://nationalopioidsettlement.com/. This website will be supplemented as
additional documents are created.
How to return signed forms:
There are three methods for returning the executed Participation Forms and any
supporting documentation to the Implementation Administrator:
(1) Electronic Signature via DocuSign : Executing the Participation Forms
electronically through DocuSign will return the signed forms to the
Implementation Administrator and associate your forms with your
subdivision’s records. Electronic signature is the most efficient method for
returning Participation Forms, allowing for more timely participation and the
potential to meet higher settlement payment thresholds, and is therefore
strongly encouraged.
(2) Manual Signature returned via DocuSign : DocuSign allows forms to be
downloaded, signed manually, then uploaded to DocuSign and returned
automatically to the Implementation Administrator. Please be sure to
complete all fields. As with electronic signature, returning manually signed
Participation Forms via DocuSign will associate your signed forms with your
subdivision’s records.
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DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
(3) Manual Signature returned via electronic mail : If your subdivision is unable to
return executed Participation Forms using DocuSign, signed Participation
Forms may be returned via electronic mail to
[email protected]. Please include the name, state, and
reference ID of your subdivision in the body of the email and use the subject
line Settlement Participation Forms – [Subdivision Name, Subdivision State] –
[Reference ID].
Detailed instructions on how to sign and return the Participation Forms, including
changing the authorized signer, can be found at
https://nationalopioidsettlement.com. You may also contact
[email protected] .
The sign-on period for subdivisions ends on April 18, 2023.
If you have any questions about executing these forms, please contact your
counsel, the Implementation Administrator at [email protected] , or
Assistant Attorney General Matt Walker at the Michigan Department of Attorney
General at 517-335-7632 or [email protected].
Thank you,
National Opioids Settlements Implementation Administrator
The Implementation Administrator is retained to provide the settlement notice
required by the respective settlement agreements referenced above and to manage
the collection of settlement participation forms for each settlement.
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DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
EXHIBIT K
Subdivision and Special District Settlement Participation Form
Will your subdivision or special district be signing the settlement participation forms for the Allergan and
Teva Settlements at this time?
[ ] Yes_ta [ ] No_ta
Governmental Entity: Muskegon city State: MI
Authorized Signatory: /officialname_teva_allergan/
Address 1: /address1_teva_allergan/
Address 2: /address2_teva_allergan/
City, State, Zip: /cit_ta/ /state_ta/ /zi_ta/
Phone: /phone_teva_allergan/
Email: /email_teva_allergan/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated
November 22, 2022 (“Allergan Settlement”), and acting through the undersigned authorized official,
hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released
Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Allergan Settlement as
provided therein.
2. Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation
Activities.
3. The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to
the filing of the Consent Judgment, file a request to dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL
Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
https://nationalopioidsettlement.com.
4. The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to
Subdivisions and Special Districts as defined therein.
5. By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
6. The Governmental Entity agrees to use any monies it receives through the Allergan Settlement
solely for the purposes provided therein.
1
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DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided
in, and for resolving disputes to the extent provided in, the Allergan Settlement.
8. The Governmental Entity has the right to enforce the Allergan Settlement as provided therein.
9. The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not
limited to, all provisions of Section V (Release), and along with all departments, agencies,
divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and
attorneys, and any person in their official capacity whether elected or appointed to serve any of
the foregoing and any agency, person, or other entity claiming by or through any of the
foregoing, and any other entity identified in the definition of Releasor, provides for a release to
the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely,
unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in
bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability
for any Released Claims against any Released Entity in any forum whatsoever. The releases
provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as
to give the Released Entities the broadest possible bar against any liability relating in any way
to Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Allergan Settlement shall be a complete bar to any Released Claim.
10. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special District as set forth in the Allergan Settlement.
11. In connection with the releases provided for in the Allergan Settlement, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other jurisdiction,
or principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor
at the time of executing the release that, if known by him or her, would have
materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Allergan Settlement.
12. Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to
which the Governmental Entity hereby agrees. To the extent this Settlement Participation
Form is interpreted differently from the Allergan Settlement in any respect, the Allergan
Settlement controls.
2
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DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
I have all necessary power and authorization to execute this Settlement Participation Form on behalf
of the Governmental Entity.
Signature: /signer_1_teva_allergan/
Name: /name_1_teva_allergan/
Title: /title_1_teva_allergan/
Date: /date_1_teva_allergan/
3
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DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
Exhibit K
Subdivision and Special District Settlement Participation Form
Governmental Entity: Muskegon city State: MI
Authorized Signatory: /officialname_teva_allergan/
Address 1: /address1_teva_allergan/
Address 2: /address2_teva_allergan/
City, State, Zip: /cit_ta/ /state_ta/ /zi_ta/
Phone: /phone_teva_allergan/
Email: /email_teva_allergan/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Agreement
dated November 22, 2022 (“Teva Settlement”), and acting through the undersigned authorized
official, hereby elects to participate in the Teva Settlement, release all Released Claims against all
Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Teva Settlement, understands that
all terms in this Election and Release have the meanings defined therein, and agrees that by
this Election, the Governmental Entity elects to participate in the Teva Settlement as provided
therein.
2. Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section III.B of the Teva Settlement regarding Cessation of Litigation Activities.
3. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of
the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has
filed. With respect to any Released Claims pending in In re National Prescription Opiate
Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive
Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal
With Prejudice substantially in the form found at https://nationalopioidsettlement.com.
4. The Governmental Entity agrees to the terms of the Teva Settlement pertaining to
Subdivisions as defined therein.
5. By agreeing to the terms of the Teva Settlement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary payments
beginning after the Effective Date.
6. The Governmental Entity agrees to use any monies it receives through the Teva Settlement
solely for the purposes provided therein.
7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided
in, and for resolving disputes to the extent provided in, the Teva Settlement.
1
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DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
8. The Governmental Entity has the right to enforce the Teva Settlement as provided therein.
9. The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited
to all provisions of Section V (Release), and along with all departments, agencies, divisions,
boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in
their official capacity elected or appointed to serve any of the foregoing and any agency,
person, or other entity claiming by or through any of the foregoing, and any other entity
identified in the definition of Releasor, provides for a release to the fullest extent of its
authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and
irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought,
filed, or claimed, or to otherwise seek to establish liability for any Released Claims against
any Released Entity in any forum whatsoever. The releases provided for in the Teva
Settlement are intended by Released Entitles and the Governmental Entity to be broad and
shall be interpreted so as to give the Released Entities the broadest possible bar against any
liability relating in any way to Released Claims and extend to the full extent of the power of
the Governmental Entity to release claims. The Teva Settlement shall be a complete bar to
any Released Claim.
10. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special District as set forth in the Teva Settlement.
11. In connection with the releases provided for in the Teva Settlement, each Governmental Entity
expressly waives, releases, and forever discharges any and all provisions, rights, and benefits
conferred by any law of any state or territory of the United States or other jurisdiction, or
principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims
that the creditor or releasing party does not know or suspect to exist in
his or her favor at the time of executing the release that, if known by
him or her, would have materially affected his or her settlement with
the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Teva Settlement.
12. Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which
Governmental Entity hereby agrees. To the extent this Election and Release is interpreted
differently from the Teva Settlement in any respect, the Teva Settlement controls.
2
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DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity.
Signature: /signer_1_teva_allergan/
Name: /name_1_teva_allergan/
Title: /title_1_teva_allergan/
Date: /date_1_teva_allergan/
3
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DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
EXHIBIT K
Subdivision Participation and Release Form
Will your subdivision or special district be signing the settlement participation form for the CVS
Settlement at this time?
[ ] Yes_cv [ ] No_cv
Governmental Entity: Muskegon city State: MI
Authorized Signatory: /officialname_cvs/
Address 1: /address1_cvs/
Address 2: /address2_cvs/
City, State, Zip: /cit_cv/ /state_cv/ /zi_cv/
Phone: /phone_cvs/
Email: /email_cvs/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated December 9, 2022 (“CVS Settlement”), and acting through the undersigned authorized
official, hereby elects to participate in the CVS Settlement, release all Released Claims against all
Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the CVS Settlement, understands that all
terms in this Participation and Release Form have the meanings defined therein, and agrees that
by executing this Participation and Release Form, the Governmental Entity elects to participate
in the CVS Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes
the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal with Prejudice substantially in the form found at
https://nationalopioidsettlement.com.
3. The Governmental Entity agrees to the terms of the CVS Settlement pertaining to Participating
Subdivisions as defined therein.
4. By agreeing to the terms of the CVS Settlement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary payments
beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the CVS Settlement
solely for the purposes provided therein.
1
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DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided in,
and for resolving disputes to the extent provided in, the CVS Settlement. The Governmental
Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for
resolving disputes to the extent otherwise provided in, the CVS Settlement.
7. The Governmental Entity has the right to enforce the CVS Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the CVS Settlement, including without limitation all provisions of Section XI
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected or
appointed to serve any of the foregoing and any agency, person, or other entity claiming by or
through any of the foregoing, and any other entity identified in the definition of Releasor,
provides for a release to the fullest extent of its authority. As a Releasor, the Governmental
Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or
claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the CVS Settlement are intended by the Parties to be
broad and shall be interpreted so as to give the Released Entities the broadest possible bar
against any liability relating in any way to Released Claims and extend to the full extent of the
power of the Governmental Entity to release claims. The CVS Settlement shall be a complete
bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the CVS Settlement.
10. In connection with the releases provided for in the CVS Settlement, each Governmental Entity
expressly waives, releases, and forever discharges any and all provisions, rights, and benefits
conferred by any law of any state or territory of the United States or other jurisdiction, or
principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or her
favor at the time of executing the release that, if known by him or her would
have materially affected his or her settlement with the debtor or released
party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity
hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the
Effective Date, any and all Released Claims that may exist as of such date but which Releasors do
not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no
fault whatsoever, and which, if known, would materially affect the Governmental Entities’
decision to participate in the CVS Settlement.
2
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DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
11. Nothing herein is intended to modify in any way the terms of the CVS Settlement, to which
Governmental Entity hereby agrees. To the extent this Participation and Release Form is
interpreted differently from the CVS Settlement in any respect, the CVS Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on
behalf of the Governmental Entity.
Signature: /signer_1_cvs/
Name: /name_1_cvs/
Title: /title_1_cvs/
Date: /date_1_cvs/
3
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DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
EXHIBIT K
Subdivision Participation Form
Will your subdivision or special district be signing the settlement participation form for the Walmart
Settlement at this time?
[ ] Yes_wm [ ] No_wm
Governmental Entity: Muskegon city State: MI
Authorized Official: /officialname_walmart/
Address 1: /address1_walmart/
Address 2: /address2_walmart/
City, State, Zip: /cit_wm/ /state_wm/ /zi_wm/
Phone: /phone_walmart/
Email: /email_walmart/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated November 14, 2022 (“Walmart Settlement”), and acting through the undersigned
authorized official, hereby elects to participate in the Walmart Settlement, release all Released Claims
against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Walmart Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Walmart Settlement and
become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event within 14 days of the Effective
Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the
Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
https://nationalopioidsettlement.com/.
3. The Governmental Entity agrees to the terms of the Walmart Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Walmart Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Walmart
Settlement solely for the purposes provided therein.
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6. The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role
as provided in, and for resolving disputes to the extent provided in, the Walmart
Settlement.
7. The Governmental Entity has the right to enforce the Walmart Settlement as provided
therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Walmart Settlement, including but not limited to all provisions of Section X
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected
or appointed to serve any of the foregoing and any agency, person, or other entity claiming
by or through any of the foregoing, and any other entity identified in the definition of
Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the
Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to
bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to
otherwise seek to establish liability for any Released Claims against any Released Entity in
any forum whatsoever. The releases provided for in the Walmart Settlement are intended by
the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest
possible bar against any liability relating in any way to Released Claims and extend to the
full extent of the power of the Governmental Entity to release claims. The Walmart
Settlement shall be a complete bar to any Released Claim.
9. In connection with the releases provided for in the Walmart Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor at the
time of executing the release that, if known by him or her, would have materially
affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Walmart Settlement.
10. Nothing herein is intended to modify in any way the terms of the Walmart Settlement, to
which Governmental Entity hereby agrees. To the extent this Election and Release is
interpreted differently from the Walmart Settlement in any respect, the Walmart Settlement
controls.
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I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity.
Signature: /signer_1_walmart/
Name: /name_1_walmart/
Title: /title_1_walmart/
Date: /date_1_walmart/
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MICHIGAN STATE-SUBDIVISION AGREEMENT FOR ALLOCATION OF
ALLERGAN, TEVA, CVS, AND WALMART SETTLEMENT AGREEMENTS
The People of the State of Michigan and its communities have been harmed
by misfeasance, nonfeasance, and malfeasance committed by certain entities within
the pharmaceutical industry. The conduct of such Pharmaceutical Entities has
caused, or contributed to the existence of, a public nuisance associated with the
opioid public health epidemic.
The State, through its Attorney General, and Litigating Local Governments,
through their elected representatives and counsel, are separately engaged in
litigation seeking to hold the Pharmaceutical Entities accountable for the damage
caused by their misfeasance, nonfeasance, and malfeasance by seeking
compensation for past damages and imposing the equitable remedy of nuisance
abatement. The State and Litigating Local Governments litigated their claims in
their proprietary, sovereign, and quasi-sovereign capacities.
To allocate monetary payments received from these Pharmaceutical Entities,
the State and Litigating Local Governments agree to the following State-
Subdivision Agreement:
I. Definitions
As used in this Memorandum of Understanding (“MOU”):
A. “Administrative Fund” is 0.3% of the Local Government Share.
B. “Actual Attorney Fees” are the aggregate contingent fees paid to a
Local Litigating Attorney for work performed for a Litigating Local
Government for the Settlements and associated litigation, based on a
Litigating Local Government’s Actual Total Recovery. This does not
include any fee payments for common benefit work as defined by the
Settlements.
C. “Actual Total Recovery” is the aggregated monetary recovery that an
individual Litigating Local Government receives, based on that
Litigating Local Government’s Final Allocation Percentage and
aggregate Local Government Share.
D. “De minimis-share Local Government” is a Participating Local
Government whose Final Allocation Percentage is less than .0083%.
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E. “Final Allocation Percentage” is a Participating Local Government’s
Allocation Percentage as modified by the Litigation Adjustment.
Attached as Exhibit A is the Final Allocation Percentage for each Local
Government.
F. “Litigating Local Government Attorneys” are the law firms who were
retained by the Litigating Local Governments.
G. “Litigating Local Government Attorney Fee Fund” (“LLGAFF”) is an
annually adjusted percentage of the Local Government Share set aside
for Projected Attorney Fee installment payments.
H. “Litigating Local Governments” are the entities indicated as litigating
in Exhibit C of this agreement.
I. “Litigation Adjustment” is an adjustment applied to the Preliminary
Allocation Percentage.
J. “Local Government Share” is the portion of the Settlement Payments
payable to Participating Local Governments pursuant to this State-
Subdivision Agreement.
K. “Local Governments” are the entities located within the geographic
boundaries of the State of Michigan and identified in the Exhibits that
identify the eligible Local Governments of each of the Settlements.
L. “National Contingency Fee Fund” are the individual Contingency Fee
Funds established in the Settlements to compensate Litigating Local
Government Attorneys.
M. “National Fund Administrator” is the Settlement Fund Administrator
as defined by the Settlements.
N. “Neutral Special Master” is an independent mediator selected by the
State.
O. “Opioid Remediation” is the term as defined by the Settlements.
P. “Participating Local Governments” are the Local Governments who
have signed a Participation Agreement for the Settlements.
Q. “Parties” are the State and the Litigating Local Governments. The
singular word “Party” shall mean either the State or Litigating Local
Governments.
R. “Pharmaceutical Entities” are the “Released Entities” as defined by the
Settlements.
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S. “Preliminary Allocation Percentage” is the percentage listed for a
Participating Local Government in Exhibit B of this agreement.
T. “Projected Attorney Fees” are the anticipated contingent fees paid to a
Litigating Local Government Attorney for work performed for a
Litigating Local Government for the Settlements and associated
litigation, based on a Litigating Local Government’s Projected Total
Recovery. This does not include any fee payments for common benefit
work as defined by the Settlements.
U. “Projected Total Recovery” is the aggregated monetary recovery that
an individual Litigating Local Government is projected to receive
based on that Litigating Local Government’s Final Allocation
Percentage and aggregate Local Government Share.
V. “Settlements” are the Allergan, Teva, CVS, and Walmart national
settlement agreements related to opioids and entered by the State in
December 2022.
W. “Settlement Payments” are scheduled monetary payments received
through the Settlements.
X. “Special Circumstance Fund” is 5% of the Local Government Share.
Y. “State” is the State of Michigan acting through its Attorney General or
her designees.
Z. “State Share” is the portion of the Settlement Payments payable to the
State pursuant to this State-Subdivision Agreement.
II. Terms
1. Participation in Settlements: The Parties agree that to participate in
the Settlements, Local Governments must execute a Participation
Agreement.
2. Opioid Remediation: All Settlement Payments shall be utilized by
Participating Local Governments and the State for Opioid
Remediation, except as otherwise allowed by the Settlements. A
minimum of 70% of Settlement Payments must be used solely for
future Opioid Remediation.
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3. Distribution:
Settlement Payments are allocated as follows:
• 50% of Settlement Payments to the Local Government Share
• 50% of Settlement Payments to the State Share
4. Local Government Share Offset: Prior to Participating Local
Governments receiving their Final Allocation Percentage of the Local
Government Share, amounts will be deducted for the following funds:
• Administrative Fund
• Litigating Local Government Attorney Fee Fund
• Special Circumstance Fund
5. Litigation Adjustment: The Parties recognize that the Litigating Local
Governments expended time, resources, and assumed risk in the
pursuit of litigation against the Pharmaceutical Entities. In
recognition of this commitment and contribution, the Litigating Local
Governments are entitled to a Litigation Adjustment of 12%.
6. Accelerated Participation Payments: Prior to the distribution of the
State Share, the National Fund Administrator shall allocate the
Projected Total Recovery for all De minimis-share Local Governments
from the State Share to those De minimis-share Local Governments.
This allocation shall be made in the first Settlement Payment. In
subsequent Settlement Payments, the National Fund Administrator
shall direct distributions of all De minimis-share Local Governments to
the State Share.
7. Non-Participant Reallocation: If a non-county Local Government does
not participate in the Settlement, then that non-county Local
Government’s share shall revert to the county(ies) in which it is
located. If a county Local Government does not participate in the
Settlements, that county’s share shall be reallocated to the
Participating Local Governments.
8. Litigation Costs: To the extent that Litigating Local Government
Attorneys receive cost reimbursement from the National Contingency
Fee Fund, then such reimbursed costs shall be deducted from any
remaining entitlement to costs as provided under individual retention
agreements.
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9. Attorney Fees:
a. Attorney fee payments shall be paid from the LLGAFF, but only
in years where Settlement Payments to the Local Government
Share are greater than $0.00.
b. Projected Attorney Fees shall be calculated as 15% of an
individual Litigating Local Government’s Projected Total
Recovery, as previously agreed upon in the Michigan State-
Subdivision for the Distributor and Janssen Settlements.
Projected Attorney Fees shall be paid in equal installments over
the shorter of: (i) the first seven Settlement Payments; or (ii) the
total number of Settlement Payments.
c. Litigating Local Government Attorneys must apply to the
National Contingency Fee Fund and seek the maximum
allowable contribution to their fee. To the extent that a
Litigating Local Government Attorney applies to the National
Attorney Contingency Fee Fund and the National Attorney
Contingency Fee Fund does not pay the Projected Attorney Fee
annual installment payment, the LLGAFF shall pay the
deficiency for that year. If a Litigating Local Government
Attorney does not apply to the National Attorney Contingency
Fee Fund, the LLGAFF shall not pay any deficiency. A
Projected Attorney Fee payment from the LLGAFF may not
exceed any restrictions in the Teva, Walmart, CVS, or Allergan
Settlement Agreements, respectively, that restrict the amount of
settlement funds that may be allocable to non-Opioid
Remediation purposes from each of those settlements.
d. Actual Attorney Fees shall be no greater than 15% of a
Litigating Local Government’s Actual Total Recovery.
e. If a Litigating Local Government’s Actual Total Recovery is less
than the Projected Total Recovery, the Litigating Local
Government Attorney shall return the amount received that is
greater than 15% of the Litigating Local Government’s Actual
Total Recovery.
f. The Parties shall endeavor to reconcile any timing discrepancies
between fee payments from the National Contingency Fee Fund
and the LLGAFF to assure payment of a 15% Attorney Fee.
10. Special Circumstance Fund: An application to receive additional
funding for any local impact of the opioid epidemic that is not captured
by a Local Government’s Allocation Percentage may be submitted to
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the Neutral Special Master for consideration. The Neutral Special
Master will decide the additional funding to be paid, if any, to all
applicants on an application-by-application basis. Any additional
funding allocated under this paragraph shall only be paid from the
Special Circumstance Fund. The deadline for initial applications shall
be determined by the Michigan Department of Attorney General and
reviewed for allocation determination by the Neutral Special Master.
The allocation decisions of the Neutral Special Master shall be final
and not appealable. Notwithstanding the foregoing, Local
Governments may submit applications to revise the Special
Circumstance Fund allocation determinations on March 29, 2030 to
reflect changes in circumstances, and the Neutral Special Master may
prospectively adjust the allocation of the Special Circumstance Fund at
that time. Local Governments are limited to one application prior to
the initial deadline and one subsequent application on March 29, 2030.
Application to the Special Circumstance Fund may not be made with
the express purpose of offsetting the Litigation Adjustment. The
Neutral Special Master shall be paid solely from the Administrative
Fund.
11. Allocation of Remaining Local Government Share: The remainder of
the Local Government Share after offsets shall be distributed to
Participating Local Governments in accordance with each
Participating Local Government’s Final Allocation Percentage.
12. Escrow Agent: An Escrow Agent shall be agreed upon by the State and
a majority of the Litigating Local Governments to administer the
distribution of the Local Government Share and all funds contained
within it pursuant to this State-Subdivision Agreement. The Escrow
Agent shall be entitled to a reasonable fee for their services, which
shall be paid solely from the Administrative Fund. Alternatively, the
Parties may explore whether the Escrow Agent’s role can be fulfilled by
the Settlement Fund Administrator as that term is defined in the
Settlements.
13. Reversion to Local Government Share:
a. Any amounts remaining in the Administrative Fund shall
remain in such fund until all anticipated administrative costs
associated with implementation of this agreement have been
paid, after which any remaining funds may revert to the Local
Government Share for distribution to Participating Local
Governments in accordance with their Final Allocation
Percentage.
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b. Any amounts remaining in the LLGAFF after paying the
Projected Attorney Fee annual installment payment shall revert
to the Local Government Share for distribution to Participating
Local Governments in accordance with their Final Allocation
Percentage. Any amount reverted to the Local Government
Share shall be distributed no later than the next Settlement
Payment.
III. Other Terms and Conditions
1. Governing Law and Venue: This agreement will be governed by the
laws of the State of Michigan. Any and all litigation arising under the
agreement, unless otherwise specified in this agreement, will be
instituted in either: (a) the Court that enters the Order if the matter
deals with a matter covered by the Order and the Court retains
jurisdiction; or (b) the appropriate State court in Michigan.
2. Modification: This agreement may only be modified by a written
amendment between the appropriate Parties. No promises or
agreements made after the execution of this agreement shall be
binding unless expressly reduced to writing and signed by the Parties.
3. Execution in Counterparts: This agreement may be executed in any
number of counterparts, each of which shall be deemed to be an
original, but all of which together shall constitute one and the same
instrument.
4. Assignment: The rights granted in this agreement may not be assigned
or transferred by any Party without the prior written approval of the
other Party. No Party shall be permitted to delegate its
responsibilities or obligations under this agreement without the prior
written approval of the other Parties.
5. Additional Documents: The Parties agree to cooperate fully and
execute any and all supplementary documents and to take all
additional actions which may be reasonably necessary or appropriate
to give full force and effect to the basic terms and intent of this
agreement.
6. Captions: The captions contained in this agreement are for
convenience only and shall in no way define, limit, extend, or describe
the scope of this agreement or any part of it.
7. Entire Agreement: This agreement, including any attachments,
embodies the entire agreement of the Parties. There are no other
provisions, terms, conditions, or obligations. This agreement
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supersedes all previous oral or written communications,
representations, or agreements on this subject.
8. Construction: The Parties hereto hereby mutually acknowledge and
represent that they have been fully advised by their respective legal
counsel of their rights and responsibilities under this agreement, that
they have read, know, and understand completely the contents hereof,
and that they have voluntarily executed the same. The Parties hereto
further hereby mutually acknowledge that they have had input into
the drafting of this agreement and that, accordingly, in any
construction to be made of this agreement, it shall not be construed for
or against any Party, but rather shall be given a fair and reasonable
interpretation, based on the plain language of the agreement and the
expressed intent of the Parties.
9. Capacity to Execute Agreement: The Parties represent and warrant
that the individuals signing this agreement on their behalf are duly
authorized and fully competent to do so.
10. Effectiveness: This agreement shall become effective on the date on
which the last required signature is affixed to this agreement.
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Exhibit A - Final Allocation Percentage
Local Government Final Allocation Percentage
Ada Township 0.0043760292%
Adrian City 0.0339626660%
Alcona County 0.0934630120%
Alger County 0.0879526161%
Algoma Township 0.0017535337%
Allegan County 0.4616561194%
Allen Park City 0.0642202609%
Allendale Charter Township 0.0046474905%
Alpena County 0.3552568075%
Alpine Charter Township 0.0015193823%
Ann Arbor City 0.2767977793%
Antrim County 0.2666726546%
Antwerp Township 0.0007847494%
Arenac County 0.1805504891%
Auburn Hills City 0.0703250556%
Bangor Charter Township 0.0065282392%
Baraga County 0.0830046065%
Barry County 0.2587191476%
Bath Charter Township 0.0321460332%
Battle Creek City 0.2045817057%
Bay City 0.0685863654%
Bay County 1.2330105691%
Bedford Township 0.0246542442%
Benton Charter Township 0.0542117185%
Benzie County 0.1559709002%
Berkley City 0.0214483383%
Berrien County 1.4353012866%
Beverly Hills Village 0.0274893432%
Big Rapids City 0.0146444451%
Birmingham City 0.0616071651%
Bloomfield Charter Township 0.1431441040%
Branch County 0.3823020966%
Brandon Charter Township 0.0178348199%
Brighton Township 0.0006049341%
Brownstown Charter Township 0.0618601336%
Rev. 2-28-23
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Exhibit A - Final Allocation Percentage
Local Government Final Allocation Percentage
Burton City 0.0198287415%
Byron Township 0.0085803473%
Cadillac City 0.0592857184%
Caledonia Charter Township 0.0027577830%
Calhoun County 1.8505476605%
Cannon Township 0.0033093395%
Canton Charter Township 0.2635381672%
Cascade Charter Township 0.0121186350%
Cass County 0.4127455392%
Charlevoix County 0.2142858041%
Cheboygan County 0.3167238809%
Chesterfield Charter Township 0.1262511644%
Chippewa County 0.2680205692%
Clare County 0.2799817433%
Clawson City 0.0139497332%
Clinton Charter Township 0.6524317943%
Clinton County 0.5402669012%
Coldwater City 0.0077283577%
Commerce Charter Township 0.0198854362%
Comstock Charter Township 0.0084518668%
Cooper Charter Township 0.0009590766%
Crawford County 0.2886253251%
Davison Township 0.0088446355%
Dearborn City 0.2996583319%
Dearborn Heights City 0.1053620175%
Delhi Charter Township 0.0196753105%
Delta Charter Township 0.0405538922%
Delta County 0.2604485158%
Detroit City 7.1316532282%
Dewitt Charter Township 0.0367701778%
Dickinson County 0.2772929170%
East Bay Township 0.0014646767%
East Grand Rapids City 0.0207354059%
East Lansing City 0.1928773141%
Eastpointe City 0.1677249820%
Eaton County 1.0040382409%
Egelston Township 0.0059203305%
Emmet County 0.1813256578%
Emmett Charter Township 0.0081390406%
Rev. 2-28-23
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Exhibit A - Final Allocation Percentage
Local Government Final Allocation Percentage
Escanaba City 0.0181020848%
Farmington City 0.0220247278%
Farmington Hills City 0.1651189520%
Fenton Charter Township 0.0018526954%
Fenton City 0.0479607189%
Ferndale City 0.0891131349%
Flat Rock City 0.0171781967%
Flint Charter Township 0.0255754903%
Flint City 2.9548125615%
Flushing Charter Township 0.0037431147%
Fort Gratiot Charter Township 0.0094416381%
Fraser City 0.0800906838%
Frenchtown Charter Township 0.0488838534%
Fruitport Charter Township 0.0129270962%
Gaines Township, Kent County 0.0089914131%
Garden City 0.0360229820%
Garfield Charter Township 0.0004066570%
Genesee Charter Township 0.0129462245%
Genesee County 2.0590679068%
Genoa Township 0.0000756167%
Georgetown Charter Township 0.0072026921%
Gladwin County 0.2150307736%
Gogebic County 0.0746722684%
Grand Blanc Charter Township 0.0209833611%
Grand Haven Charter Township 0.0112761850%
Grand Haven City 0.0347728914%
Grand Rapids Charter Township 0.0037568289%
Grand Rapids City 1.3440310108%
Grand Traverse County 0.9233801980%
Grandville City 0.0278015743%
Gratiot County 0.3525172203%
Green Oak Township 0.0321695305%
Grosse Ile Township 0.0214222891%
Grosse Pointe Park City 0.0283111539%
Grosse Pointe Woods City 0.0201749251%
Hamburg Township 0.0339303208%
Hamtramck City 0.1082345398%
Harper Woods City 0.0302106475%
Harrison Charter Township 0.1242049355%
Rev. 2-28-23
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Exhibit A - Final Allocation Percentage
Local Government Final Allocation Percentage
Hartland Township 0.0002916646%
Hazel Park City 0.0439995757%
Highland Charter Township 0.0175909627%
Highland Park City 0.0233942274%
Hillsdale County 0.4179678350%
Holland Charter Township 0.0174327221%
Holland City 0.0989468652%
Holly Township 0.0024496552%
Houghton County 0.2492720157%
Huron Charter Township 0.0404726923%
Huron County 0.1750661517%
Independence Charter Township 0.0493200938%
Ingham County 2.3910807430%
Inkster City 0.0997567285%
Ionia City 0.0268462855%
Ionia County 0.5494312513%
Iosco County 0.3597973006%
Iron County 0.1234778975%
Iron Mountain City 0.0102890430%
Isabella County 0.6406629239%
Jackson City 0.1975961131%
Jackson County 0.6486601285%
Kalamazoo Charter Township 0.0310860965%
Kalamazoo City 0.2263063196%
Kalamazoo County 2.2227072398%
Kalkaska County 0.0983797692%
Kent County 3.1145250537%
Kentwood City 0.0850489860%
Keweenaw County 0.0040439910%
Lake County 0.0815750848%
Lansing City 0.5944941436%
Lapeer County 0.4730735299%
Leelanau County 0.1385869500%
Lenawee County 0.8823792954%
Lenox Township 0.0066875918%
Leoni Township 0.0054332410%
Lincoln Charter Township 0.0106649534%
Lincoln Park City 0.0949381273%
Livingston County 1.4976536818%
Rev. 2-28-23
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Exhibit A - Final Allocation Percentage
Local Government Final Allocation Percentage
Livonia City 0.4479740966%
Luce County 0.0715137352%
Lyon Charter Township 0.0036024341%
Mackinac County 0.0543490033%
Macomb County 8.6511046551%
Macomb Township 0.0646503489%
Madison Heights City 0.0862367299%
Manistee County 0.3495468254%
Marion Township, Livingston County 0.0001188263%
Marquette City 0.0187316345%
Marquette County 0.6035274193%
Mason County 0.2785770312%
Mecosta County 0.1984658748%
Melvindale City 0.0310542941%
Menominee County 0.0944228353%
Meridian Charter Township 0.0423078149%
Midland City 0.1806420880%
Midland County 0.3217601862%
Milford Charter Township 0.0038407489%
Missaukee County 0.0599227243%
Monitor Charter Township 0.0026396387%
Monroe Charter Township 0.0071543602%
Monroe City 0.1256002278%
Monroe County 1.7154393930%
Montcalm County 0.6957834128%
Montmorency County 0.0985848161%
Mount Clemens City 0.0300567479%
Mount Morris Charter Township 0.0148781594%
Mount Pleasant City 0.0213788564%
Mundy Charter Township 0.0090106554%
Muskegon Charter Township 0.0215634933%
Muskegon City 0.1044619233%
Muskegon County 1.9100374032%
Muskegon Heights City 0.0299042116%
New Baltimore City 0.0287085237%
Newaygo County 0.5231812721%
Niles City 0.0348555605%
Niles Township 0.0128680285%
Northville Charter Township 0.0937410512%
Rev. 2-28-23
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Exhibit A - Final Allocation Percentage
Local Government Final Allocation Percentage
Norton Shores City 0.0419374121%
Novi City 0.0875890282%
Oak Park City 0.0620117462%
Oakland Charter Township 0.0163938462%
Oakland County 5.8535727114%
Oceana County 0.2437642147%
Oceola Township 0.0002160479%
Ogemaw County 0.6231253016%
Ontonagon County 0.0564870884%
Orion Charter Township 0.0289580279%
Osceola County 0.2155121864%
Oscoda County 0.0586611524%
Oshtemo Charter Township 0.0074328492%
Otsego County 0.3179205988%
Ottawa County 0.8861345094%
Owosso City 0.0358761118%
Oxford Charter Township 0.0131849087%
Park Township, Ottawa County 0.0041475564%
Pittsfield Charter Township 0.0284820374%
Plainfield Charter Township 0.0087988887%
Plymouth Charter Township 0.0369908346%
Pontiac City 0.3368814739%
Port Huron Charter Township 0.0086247881%
Port Huron City 0.1557098020%
Portage City 0.0586895466%
Presque Isle County 0.1629846795%
Redford Charter Township 0.1266652554%
Riverview City 0.0288390774%
Rochester City 0.0238536559%
Rochester Hills City 0.0403860572%
Romulus City 0.1043054582%
Roscommon County 0.4301836680%
Roseville City 0.2553592802%
Royal Oak City 0.1551263540%
Saginaw Charter Township 0.0413527002%
Saginaw City 0.2574050901%
Saginaw County 1.8052764386%
Sanilac County 0.3884585223%
Sault Ste. Marie City 0.1102861730%
Rev. 2-28-23
Packet Page 67 6 of 8
DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
Exhibit A - Final Allocation Percentage
Local Government Final Allocation Percentage
Schoolcraft County 0.0471801158%
Scio Charter Township 0.0030790141%
Shelby Charter Township 0.3026860745%
Shiawassee County 0.8126041030%
South Lyon City 0.0154738400%
Southfield City 0.2350837642%
Southfield Township 0.0000665064%
Southgate City 0.0530873036%
Spring Lake Township 0.0062120900%
Springfield Charter Township 0.0026713434%
St Clair County 2.2355271010%
St Joseph County 0.2548942158%
St. Clair Shores City 0.2031104044%
Sterling Heights City 1.0536459782%
Sturgis City 0.0358119958%
Summit Township, Jackson County 0.0087972622%
Superior Charter Township 0.0072444420%
Taylor City 0.2249624195%
Texas Charter Township 0.0031110081%
Thomas Township 0.0075956313%
Traverse City 0.0694748751%
Trenton City 0.0287924922%
Troy City 0.1410325234%
Tuscola County 0.4964109876%
Tyrone Township, Livingston County 0.0057576762%
Union Charter Township 0.0000306095%
Van Buren Charter Township 0.0769291491%
Van Buren County 0.4558652989%
Vienna Charter Township, Genesee County 0.0051656581%
Walker City 0.0344878971%
Warren City 1.3154129040%
Washington Township, Macomb County 0.0483326054%
Washtenaw County 2.6615292034%
Waterford Charter Township 0.1306353444%
Wayne City 0.0938477712%
Wayne County 11.4087527346%
West Bloomfield Charter Township 0.1567169672%
Westland City 0.3653116491%
Wexford County 0.3345381450%
Rev. 2-28-23
Packet Page 68 7 of 8
DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
Exhibit A - Final Allocation Percentage
Local Government Final Allocation Percentage
White Lake Charter Township 0.0349824061%
Wixom City 0.0220746076%
Woodhaven City 0.0341752498%
Wyandotte City 0.0583665385%
Wyoming City 0.1526406854%
Ypsilanti Charter Township 0.0345854854%
Ypsilanti City 0.0536952762%
Zeeland Charter Township 0.0036753989%
Blackman Charter Township 0.0000000000%
Detroit Wayne Mental Health Authority 0.0000000000%
Total 100.0000000000%
Rev. 2-28-23
Packet Page 69 8 of 8
DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
Exhibit B - Preliminary Allocation Percentage
Local Government Preliminary Allocation Percentage
Ada Township 0.0073233482%
Adrian City 0.0568370128%
Alcona County 0.0834491179%
Alger County 0.0785291215%
Algoma Township 0.0029345640%
Allegan County 0.7725881935%
Allen Park City 0.1074735355%
Allendale Charter Township 0.0077776425%
Alpena County 0.3171935781%
Alpine Charter Township 0.0025427083%
Ann Arbor City 0.4632250874%
Antrim County 0.2381005845%
Antwerp Township 0.0013132895%
Arenac County 0.1612057938%
Auburn Hills City 0.1176899978%
Bangor Charter Township 0.0109251027%
Baraga County 0.0741112558%
Barry County 0.4329702358%
Bath Charter Township 0.0537968516%
Battle Creek City 0.3423704436%
Bay City 0.1147802745%
Bay County 1.1009022938%
Bedford Township 0.0412592343%
Benton Charter Township 0.0907240950%
Benzie County 0.1392597323%
Berkley City 0.0358941044%
Berrien County 1.2815190059%
Beverly Hills Village 0.0460038135%
Big Rapids City 0.0245076907%
Birmingham City 0.1031004819%
Bloomfield Charter Township 0.2395537286%
Branch County 0.3413411577%
Brandon Charter Township 0.0298468290%
Brighton Township 0.0010123659%
Brownstown Charter Township 0.1035238283%
Rev. 2-28-23
Packet Page 70 1 of 8
DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
Exhibit B - Preliminary Allocation Percentage
Local Government Preliminary Allocation Percentage
Burton City 0.0331836857%
Byron Township 0.0143593354%
Cadillac City 0.0992155073%
Caledonia Charter Township 0.0046151897%
Calhoun County 1.6522746969%
Cannon Township 0.0055382276%
Canton Charter Township 0.2353019350%
Cascade Charter Township 0.0202807109%
Cass County 0.3685228029%
Charlevoix County 0.1913266108%
Cheboygan County 0.2827891794%
Chesterfield Charter Township 0.2112831498%
Chippewa County 0.2393040796%
Clare County 0.4685534972%
Clawson City 0.0233450803%
Clinton Charter Township 0.5825283878%
Clinton County 0.4823811618%
Coldwater City 0.0129335184%
Commerce Charter Township 0.0332785651%
Comstock Charter Township 0.0141443213%
Cooper Charter Township 0.0016050286%
Crawford County 0.2577011831%
Davison Township 0.0148016255%
Dearborn City 0.5014825529%
Dearborn Heights City 0.1763248603%
Delhi Charter Township 0.0329269168%
Delta Charter Township 0.0678675252%
Delta County 0.2325433177%
Detroit City 6.3675475252%
Dewitt Charter Township 0.0615354244%
Dickinson County 0.2475829616%
East Bay Township 0.0024511576%
East Grand Rapids City 0.0347010017%
East Lansing City 0.1722118876%
Eastpointe City 0.2806901834%
Eaton County 0.8964627151%
Egelston Township 0.0099077587%
Emmet County 0.3034511111%
Emmett Charter Township 0.0136208021%
Rev. 2-28-23
Packet Page 71 2 of 8
DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
Exhibit B - Preliminary Allocation Percentage
Local Government Preliminary Allocation Percentage
Escanaba City 0.0161625757%
Farmington City 0.0368587005%
Farmington Hills City 0.2763289545%
Fenton Charter Township 0.0031005125%
Fenton City 0.0802629568%
Ferndale City 0.1491321203%
Flat Rock City 0.0287479606%
Flint Charter Township 0.0428009530%
Flint City 2.6382255013%
Flushing Charter Township 0.0062641566%
Fort Gratiot Charter Township 0.0158007179%
Fraser City 0.1340329179%
Frenchtown Charter Township 0.0818078358%
Fruitport Charter Township 0.0216336824%
Gaines Township, Kent County 0.0150472599%
Garden City 0.0602849815%
Garfield Charter Township 0.0006805464%
Genesee Charter Township 0.0216656939%
Genesee County 1.8384534882%
Genoa Township 0.0001265457%
Georgetown Charter Township 0.0120538094%
Gladwin County 0.3598571100%
Gogebic County 0.1249651212%
Grand Blanc Charter Township 0.0351159584%
Grand Haven Charter Township 0.0188708587%
Grand Haven City 0.0581929367%
Grand Rapids Charter Township 0.0062871075%
Grand Rapids City 1.2000276882%
Grand Traverse County 0.8244466054%
Grandville City 0.0465263367%
Gratiot County 0.3147475181%
Green Oak Township 0.0538361746%
Grosse Ile Township 0.0358505107%
Grosse Pointe Park City 0.0473791255%
Grosse Pointe Woods City 0.0337630289%
Hamburg Township 0.0567828826%
Hamtramck City 0.1811320680%
Harper Woods City 0.0505579556%
Harrison Charter Township 0.1108972638%
Rev. 2-28-23
Packet Page 72 3 of 8
DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
Exhibit B - Preliminary Allocation Percentage
Local Government Preliminary Allocation Percentage
Hartland Township 0.0004881050%
Hazel Park City 0.0736339264%
Highland Charter Township 0.0294387306%
Highland Park City 0.0391505779%
Hillsdale County 0.3731855670%
Holland Charter Township 0.0291739126%
Holland City 0.1655890102%
Holly Township 0.0040995334%
Houghton County 0.2225642997%
Huron Charter Township 0.0361363324%
Huron County 0.2929757372%
Independence Charter Township 0.0825378903%
Ingham County 2.1348935205%
Inkster City 0.1669443281%
Ionia City 0.0449276471%
Ionia County 0.4905636172%
Iosco County 0.3212475898%
Iron County 0.1102481228%
Iron Mountain City 0.0091866455%
Isabella County 0.5720204678%
Jackson City 0.1764251010%
Jackson County 1.0855421077%
Kalamazoo Charter Township 0.0520230321%
Kalamazoo City 0.3787268993%
Kalamazoo County 1.9845600355%
Kalkaska County 0.1646399668%
Kent County 2.7808259408%
Kentwood City 0.1423307082%
Keweenaw County 0.0067676775%
Lake County 0.0728348971%
Lansing City 0.5307983425%
Lapeer County 0.7916953951%
Leelanau County 0.1237383482%
Lenawee County 0.7878386566%
Lenox Township 0.0111917816%
Leoni Township 0.0090926074%
Lincoln Charter Township 0.0178479538%
Lincoln Park City 0.1588803292%
Livingston County 1.3371907873%
Rev. 2-28-23
Packet Page 73 4 of 8
DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
Exhibit B - Preliminary Allocation Percentage
Local Government Preliminary Allocation Percentage
Livonia City 0.3999768720%
Luce County 0.0638515493%
Lyon Charter Township 0.0060287256%
Mackinac County 0.0909538431%
Macomb County 7.7242005849%
Macomb Township 0.1081932941%
Madison Heights City 0.1443184148%
Manistee County 0.3120953798%
Marion Township, Livingston County 0.0001988576%
Marquette City 0.0313476613%
Marquette County 0.5388637672%
Mason County 0.2487294921%
Mecosta County 0.3321355122%
Melvindale City 0.0519698104%
Menominee County 0.1580179806%
Meridian Charter Township 0.0708027402%
Midland City 0.3023071472%
Midland County 0.5384703258%
Milford Charter Township 0.0064275489%
Missaukee County 0.1002815458%
Monitor Charter Township 0.0044174736%
Monroe Charter Township 0.0119729252%
Monroe City 0.2101937979%
Monroe County 1.5316423152%
Montcalm County 0.6212351900%
Montmorency County 0.0880221572%
Mount Clemens City 0.0503004024%
Mount Morris Charter Township 0.0248988150%
Mount Pleasant City 0.0357778255%
Mundy Charter Township 0.0150794621%
Muskegon Charter Township 0.0360868180%
Muskegon City 0.1748185396%
Muskegon County 1.7053905386%
Muskegon Heights City 0.0500451306%
New Baltimore City 0.0480441296%
Newaygo County 0.4671261358%
Niles City 0.0583312847%
Niles Township 0.0215348319%
Northville Charter Township 0.0836973671%
Rev. 2-28-23
Packet Page 74 5 of 8
DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
Exhibit B - Preliminary Allocation Percentage
Local Government Preliminary Allocation Percentage
Norton Shores City 0.0701828658%
Novi City 0.1465815056%
Oak Park City 0.1037775542%
Oakland Charter Township 0.0274353387%
Oakland County 5.2264042066%
Oceana County 0.2176466203%
Oceola Township 0.0003615593%
Ogemaw County 0.5563618764%
Ontonagon County 0.0504349004%
Orion Charter Township 0.0484616785%
Osceola County 0.1924215950%
Oscoda County 0.0981702870%
Oshtemo Charter Township 0.0124389806%
Otsego County 0.2838576775%
Ottawa County 1.4829589190%
Owosso City 0.0600391920%
Oxford Charter Township 0.0220651355%
Park Township, Ottawa County 0.0069409957%
Pittsfield Charter Township 0.0254303905%
Plainfield Charter Township 0.0147250675%
Plymouth Charter Township 0.0619046968%
Pontiac City 0.3007870303%
Port Huron Charter Township 0.0144337077%
Port Huron City 0.2605826060%
Portage City 0.0982178051%
Presque Isle County 0.1455220353%
Redford Charter Township 0.2119761371%
Riverview City 0.0482626131%
Rochester City 0.0399194381%
Rochester Hills City 0.0675866509%
Romulus City 0.0931298734%
Roscommon County 0.3840925607%
Roseville City 0.4273474490%
Royal Oak City 0.2596061973%
Saginaw Charter Township 0.0692043420%
Saginaw City 0.4307711416%
Saginaw County 1.6118539630%
Sanilac County 0.3468379663%
Sault Ste. Marie City 0.0984697973%
Rev. 2-28-23
Packet Page 75 6 of 8
DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
Exhibit B - Preliminary Allocation Percentage
Local Government Preliminary Allocation Percentage
Schoolcraft County 0.0789566063%
Scio Charter Township 0.0051527746%
Shelby Charter Township 0.5065495239%
Shiawassee County 0.7255393777%
South Lyon City 0.0258956950%
Southfield City 0.3934160797%
Southfield Township 0.0001112995%
Southgate City 0.0888423705%
Spring Lake Township 0.0103960225%
Springfield Charter Township 0.0044705319%
St Clair County 1.9960063402%
St Joseph County 0.4265691571%
St. Clair Shores City 0.3399081996%
Sterling Heights City 0.9407553377%
Sturgis City 0.0599318930%
Summit Township, Jackson County 0.0147223455%
Superior Charter Township 0.0121236785%
Taylor City 0.3764778630%
Texas Charter Township 0.0052063171%
Thomas Township 0.0127113988%
Traverse City 0.0620311385%
Trenton City 0.0481846521%
Troy City 0.2360199679%
Tuscola County 0.4432240961%
Tyrone Township, Livingston County 0.0096355544%
Union Charter Township 0.0000512255%
Van Buren Charter Township 0.0686867403%
Van Buren County 0.7628971716%
Vienna Charter Township, Genesee County 0.0086448035%
Walker City 0.0577159947%
Warren City 1.1744758071%
Washington Township, Macomb County 0.0808853142%
Washtenaw County 2.3763653602%
Waterford Charter Township 0.2186201385%
Wayne City 0.0837926529%
Wayne County 10.1863863702%
West Bloomfield Charter Township 0.2622681115%
Westland City 0.3261711153%
Wexford County 0.2986947723%
Rev. 2-28-23
Packet Page 76 7 of 8
DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
Exhibit B - Preliminary Allocation Percentage
Local Government Preliminary Allocation Percentage
White Lake Charter Township 0.0585435626%
Wixom City 0.0369421752%
Woodhaven City 0.0571927749%
Wyandotte City 0.0976772465%
Wyoming City 0.2554463949%
Ypsilanti Charter Township 0.0578793100%
Ypsilanti City 0.0898598214%
Zeeland Charter Township 0.0061508332%
Blackman Charter Township 0.0000000000%
Detroit Wayne Mental Health Authority 0.0000000000%
Total 100.0000000003%
Rev. 2-28-23
Packet Page 77 8 of 8
DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
Exhibit C - Litigating Local Governments
Local Government Litigating Local Government
Ada Township
Adrian City
Alcona County Yes
Alger County Yes
Algoma Township
Allegan County
Allen Park City
Allendale Charter Township
Alpena County Yes
Alpine Charter Township
Ann Arbor City
Antrim County Yes
Antwerp Township
Arenac County Yes
Auburn Hills City
Bangor Charter Township
Baraga County Yes
Barry County
Bath Charter Township
Battle Creek City
Bay City
Bay County Yes
Bedford Township
Benton Charter Township
Benzie County Yes
Berkley City
Berrien County Yes
Beverly Hills Village
Big Rapids City
Birmingham City
Bloomfield Charter Township
Branch County Yes
Brandon Charter Township
Brighton Township
Brownstown Charter Township
Rev. 2-28-23
Packet Page 78 1 of 8
DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
Exhibit C - Litigating Local Governments
Local Government Litigating Local Government
Burton City
Byron Township
Cadillac City
Caledonia Charter Township
Calhoun County Yes
Cannon Township
Canton Charter Township Yes
Cascade Charter Township
Cass County Yes
Charlevoix County Yes
Cheboygan County Yes
Chesterfield Charter Township
Chippewa County Yes
Clare County
Clawson City
Clinton Charter Township Yes
Clinton County Yes
Coldwater City
Commerce Charter Township
Comstock Charter Township
Cooper Charter Township
Crawford County Yes
Davison Township
Dearborn City
Dearborn Heights City
Delhi Charter Township
Delta Charter Township
Delta County Yes
Detroit City Yes
Dewitt Charter Township
Dickinson County Yes
East Bay Township
East Grand Rapids City
East Lansing City Yes
Eastpointe City
Eaton County Yes
Egelston Township
Emmet County
Emmett Charter Township
Rev. 2-28-23
Packet Page 79 2 of 8
DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
Exhibit C - Litigating Local Governments
Local Government Litigating Local Government
Escanaba City Yes
Farmington City
Farmington Hills City
Fenton Charter Township
Fenton City
Ferndale City
Flat Rock City
Flint Charter Township
Flint City Yes
Flushing Charter Township
Fort Gratiot Charter Township
Fraser City
Frenchtown Charter Township
Fruitport Charter Township
Gaines Township, Kent County
Garden City
Garfield Charter Township
Genesee Charter Township
Genesee County Yes
Genoa Township
Georgetown Charter Township
Gladwin County
Gogebic County
Grand Blanc Charter Township
Grand Haven Charter Township
Grand Haven City
Grand Rapids Charter Township
Grand Rapids City Yes
Grand Traverse County Yes
Grandville City
Gratiot County Yes
Green Oak Township
Grosse Ile Township
Grosse Pointe Park City
Grosse Pointe Woods City
Hamburg Township
Hamtramck City
Harper Woods City
Harrison Charter Township Yes
Rev. 2-28-23
Packet Page 80 3 of 8
DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
Exhibit C - Litigating Local Governments
Local Government Litigating Local Government
Hartland Township
Hazel Park City
Highland Charter Township
Highland Park City
Hillsdale County Yes
Holland Charter Township
Holland City
Holly Township
Houghton County Yes
Huron Charter Township Yes
Huron County
Independence Charter Township
Ingham County Yes
Inkster City
Ionia City
Ionia County Yes
Iosco County Yes
Iron County Yes
Iron Mountain City Yes
Isabella County Yes
Jackson City Yes
Jackson County
Kalamazoo Charter Township
Kalamazoo City
Kalamazoo County Yes
Kalkaska County
Kent County Yes
Kentwood City
Keweenaw County
Lake County Yes
Lansing City Yes
Lapeer County
Leelanau County Yes
Lenawee County Yes
Lenox Township
Leoni Township
Lincoln Charter Township
Lincoln Park City
Livingston County Yes
Rev. 2-28-23
Packet Page 81 4 of 8
DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
Exhibit C - Litigating Local Governments
Local Government Litigating Local Government
Livonia City Yes
Luce County Yes
Lyon Charter Township
Mackinac County
Macomb County Yes
Macomb Township
Madison Heights City
Manistee County Yes
Marion Township, Livingston County
Marquette City
Marquette County Yes
Mason County Yes
Mecosta County
Melvindale City
Menominee County
Meridian Charter Township
Midland City
Midland County
Milford Charter Township
Missaukee County
Monitor Charter Township
Monroe Charter Township
Monroe City
Monroe County Yes
Montcalm County Yes
Montmorency County Yes
Mount Clemens City
Mount Morris Charter Township
Mount Pleasant City
Mundy Charter Township
Muskegon Charter Township
Muskegon City
Muskegon County Yes
Muskegon Heights City
New Baltimore City
Newaygo County Yes
Niles City
Niles Township
Northville Charter Township Yes
Rev. 2-28-23
Packet Page 82 5 of 8
DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
Exhibit C - Litigating Local Governments
Local Government Litigating Local Government
Norton Shores City
Novi City
Oak Park City
Oakland Charter Township
Oakland County Yes
Oceana County Yes
Oceola Township
Ogemaw County Yes
Ontonagon County Yes
Orion Charter Township
Osceola County Yes
Oscoda County
Oshtemo Charter Township
Otsego County Yes
Ottawa County
Owosso City
Oxford Charter Township
Park Township, Ottawa County
Pittsfield Charter Township Yes
Plainfield Charter Township
Plymouth Charter Township
Pontiac City Yes
Port Huron Charter Township
Port Huron City
Portage City
Presque Isle County Yes
Redford Charter Township
Riverview City
Rochester City
Rochester Hills City
Romulus City Yes
Roscommon County Yes
Roseville City
Royal Oak City
Saginaw Charter Township
Saginaw City
Saginaw County Yes
Sanilac County Yes
Sault Ste. Marie City Yes
Rev. 2-28-23
Packet Page 83 6 of 8
DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
Exhibit C - Litigating Local Governments
Local Government Litigating Local Government
Schoolcraft County
Scio Charter Township
Shelby Charter Township
Shiawassee County Yes
South Lyon City
Southfield City
Southfield Township
Southgate City
Spring Lake Township
Springfield Charter Township
St Clair County Yes
St Joseph County
St. Clair Shores City
Sterling Heights City Yes
Sturgis City
Summit Township, Jackson County
Superior Charter Township
Taylor City
Texas Charter Township
Thomas Township
Traverse City Yes
Trenton City
Troy City
Tuscola County Yes
Tyrone Township, Livingston County
Union Charter Township
Van Buren Charter Township Yes
Van Buren County
Vienna Charter Township, Genesee County
Walker City
Warren City Yes
Washington Township, Macomb County
Washtenaw County Yes
Waterford Charter Township
Wayne City Yes
Wayne County Yes
West Bloomfield Charter Township
Westland City Yes
Wexford County Yes
Rev. 2-28-23
Packet Page 84 7 of 8
DocuSign Envelope ID: 2FE0CCF6-C402-44B9-B053-5E48B4BF589A
Exhibit C - Litigating Local Governments
Local Government Litigating Local Government
White Lake Charter Township
Wixom City
Woodhaven City
Wyandotte City
Wyoming City
Ypsilanti Charter Township
Ypsilanti City
Zeeland Charter Township
Blackman Charter Township
Detroit Wayne Mental Health Authority Yes
Total
Rev. 2-28-23
Packet Page 85 8 of 8
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date:April 11, 2023 Title:Amendments to the
zoning ordinance, marihuana
processing
Submitted By: Mike Franzak Department: Planning
Brief Summary:
Staff initiated request to amend the B-2, B-4, I-1, I-2 and MC sections of the zoning ordinance to
allow marihuana processing facilities without extraction methods classified as hazardous under the
Michigan Building Code as a special use permitted.
Detailed Summary & Background:
The Planning Commission recommended approval of the amendments by a 7-0 vote at their March
16, 2023 meeting.
Goal/Focus Area/Action Item Addressed:
Economic Development, Housing and Business/Diversity Reflected in Businesses and Business
Owners/Investigate Options for assisting minority owned businesses
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
To approve the request to amend the B-2, B-4, I-1, I-2 and MC sections of the zoning ordinance to
allow marihuana processing facilities without extraction methods classified as hazardous under the
Michigan Building Code as a special use permitted
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
Packet Page 86
Planning Commission Packet Excerpt:
March 16, 2023
Hearing, Case 2023-08: Staff initiated request to amend the B-2, B-4, I-1, I-2 and MC sections of the zoning
ordinance to allow marihuana processing facilities without extraction methods classified as hazardous under
the Michigan Building Code as a special use permitted.
SUMMARY
1. All marihuana license types are allowed within the original marihuana facilities overlay district. Other
certain license types are allowed at extensions of the marihuana facilities overlay district, located at
various places throughout the City (See map).
2. At the beginning of the marihuana overlay district creation, prices of properties began to increase
exponentially. This led to many local residents being priced out of the industry.
3. In 2021, the City amended the zoning ordinance to allow certain low-intensity license types to locate
in B-2, B-4, MC, I-1 & I-2 districts with the issuance of a special use permit. These license types include
Class B Grows (500 plants), microbusinesses and designated consumption establishments. This helped
local residents obtain properties at more affordable prices.
4. Processing centers were not considered for the 2021 amendment because of concerns over the dangers
associated with the creation of concentrates. However, the State of Michigan now issues different types
of processing licenses, including those that do create concentrates with hazardous extraction methods
and those that do not. Those that do not may be doing nothing more than repacking products or
combining different aspects of the plant together.
DELIBERATION
The following proposed motion is offered for consideration:
I move that the request to amend the B-2, B-4, I-1, I-2 and MC sections of the zoning ordinance to allow
marihuana processing facilities without extraction methods classified as hazardous under the Michigan
Building Code as a special use permitted be recommended to the City Commission for approval.
1
Packet Page 87
Marihuana Facilities Overlay District
2
Packet Page 88
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend the B-2, B-4, I-1, I-2 and MC sections of the zoning ordinance to allow marihuana
processing facilities without extraction methods classified as hazardous under the Michigan Building Code as
a special use permitted.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The B-2, B-4, I-1, I-2 and MC sections of the zoning ordinance are hereby amended to allow marihuana
processing facilities without extraction methods classified as hazardous under the Michigan Building Code as
a special use permitted.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Packet Page 89
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 11th day of April 2023, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2022. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Packet Page 90
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on April 11, 2023, the City Commission of the City of Muskegon adopted an
ordinance to amend the B-2, B-4, I-1, I-2 and MC sections of the zoning ordinance to allow marihuana
processing facilities without extraction methods classified as hazardous under the Michigan Building
Code as a special use permitted.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk
in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2023. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Packet Page 91
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date:April 11, 2023 Title:Rezoning a portion of
560 Mart St
Submitted By: Mike Franzak Department: Planning
Brief Summary:
Request to rezone a portion of the property at 560 Mart St from B-2, Convenience & Comparison
Business to WM-Waterfront Marine, by West MI Dock & Market.
Detailed Summary & Background:
The Planning Commission recommended approval of the rezoning by a 7-0 vote at their March 16
meeting.
Goal/Focus Area/Action Item Addressed:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
To approve the request to rezone a portion of 560 Mart St from B-2 to Waterfront Marine.
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
Packet Page 92
PLANNING COMMISSION PACKET EXCERPT
March 16, 2023
Hearing, Case 2023-05: Request to rezone a portion of the property at 560 Mart St from B-2, Convenience
& Comparison Business to WM-Waterfront Marine, by West MI Dock & Market.
SUMMARY
1. A majority of the property is zoned WM, Waterfront Marine. The eastern portion of the property
is mostly zoned B-2, Convenience & Comparison Business. A small portion of the property (south
of Terrace Point Dr) is zoned Form Based Code, Mainstreet Waterfront (FBC, MSW).
2. The entire site measures 43 acres. The area requested for a rezoning is approximately six acres.
3. Although an exact use has not been identified at this time, the applicant knows that they would
like to utilize this portion of the land for waterfront marine activities.
4. Please see the enclosed copies of the B-2 and WM zoning ordinance excerpts. The uses allowed
are fairly similar, with WM allowing more intense marine related activities (engine and hull repair)
while B-2 allows more intense non-water related activities (auto repair, amusement facilities).
5. Notices were sent to everyone within 300 feet of this property. At the time of this writing, staff
had not received any comments from the public.
560 Mart St
Packet Page 93
Zoning Map
Aerial Map
Packet Page 94
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for a portion of 560 Mart
St from B-2 to WM
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the portion of 560 Mart St zoned B-2,
Convenience & Comparison Business to WM, Waterfront Marine.
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 9 BLK 563 ALSO THAT PART OF CENTRAL WARF LYING
NLY OF SLY LN OF SD LOT 9 EXTD WLY ALSO PART OF LOT 2 BLK 567 LYING NWLY OF A LN BEG ON WLY
LN THIRD ST 965.75 FT NWLY OF NE COR BLK 566 & RUNNING TH S 24D 27M W TO SW LN BLK 567 TO
CENTER OF MUSKEGON LAKE ALSO PART OF LOT 2 BLK 567 BEG ON WLY LN THIRD ST 858.25 FT NWLY
OF NELY COR BLK 566 NLY ALG THIRD ST 107.5 FT TH S 24D 27M W 378.8 FT TH S 41D 45M E 132.4 FT
NELY ALG CURVE PAR TO GRAND TRUNK TRACKS TO POB ALSO ENTIRE BLK 569 SUBJ TO
ESMTS/COVENANTS L/P 3609/137
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
Packet Page 95
CERTIFICATE (Rezoning a portion of 560 Mart St from B-2 to WM)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does
hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission
of the City of Muskegon, at a regular meeting of the City Commission on the 11th day of April, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.
DATED: ___________________, 2023 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
Packet Page 96
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on April 11, 2023, the City Commission of the City of Muskegon adopted an ordinance
amending the zoning map to provide for the change of zoning for a portion of 560 Mart St from B-2 to WM:
CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 9 BLK 563 ALSO THAT PART OF CENTRAL WARF LYING
NLY OF SLY LN OF SD LOT 9 EXTD WLY ALSO PART OF LOT 2 BLK 567 LYING NWLY OF A LN BEG ON WLY
LN THIRD ST 965.75 FT NWLY OF NE COR BLK 566 & RUNNING TH S 24D 27M W TO SW LN BLK 567 TO
CENTER OF MUSKEGON LAKE ALSO PART OF LOT 2 BLK 567 BEG ON WLY LN THIRD ST 858.25 FT NWLY
OF NELY COR BLK 566 NLY ALG THIRD ST 107.5 FT TH S 24D 27M W 378.8 FT TH S 41D 45M E 132.4 FT NELY
ALG CURVE PAR TO GRAND TRUNK TRACKS TO POB ALSO ENTIRE BLK 569 SUBJ TO ESMTS/COVENANTS
L/P 3609/137
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2023
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Packet Page 97
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 11, 2023 Title:Rezoning of 1163
Terrace St
Submitted By: Mike Franzak Department: Planning
Brief Summary:
Request to rezone the property at 1163 Terrace St from R-3 Residence to B-2, Convenience &
Comparison Business, by Ryan Burns.
Detailed Summary & Background:
The Planning Commission recommended approval of the rezoning by a 7-0 vote at their March 16
meeting.
Goal/Focus Area/Action Item Addressed:
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
To approve the rezoning of 1163 Terrace St from R-3 to B-2.
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
Packet Page 98
PLANNING COMMISSION PACKET EXCERPT
March 16, 2023
Hearing, Case 2023-06: Request to rezone the property at 1163 Terrace St from R-3 Residence to B-2,
Convenience & Comparison Business, by Ryan Burns.
SUMMARY
1. The property is zoned R-3, Single-Family High-Density Residential and has historically been used
as a church. It has been vacant for the past few years.
2. The property measures just under an acre and the existing building measures 8,500 sf.
3. The applicant is seeking to reutilize the building for a commercial catering business (existing
kitchen in basement), offices and a rental hall. These uses are all very similar as to the uses of a
church.
4. The B-2, Convenience and Comparison Business district allows these types of uses, while limiting
most uses that a heavily residential area may find intrusive. Please see the enclosed zoning
ordinance excerpt for B-2 districts.
5. There is room for about 65 parking spaces in the existing lot. Parking is also allowed on all three
streets the property borders.
6. Notices were sent to everyone within 300 feet of this property. At the time of this writing, staff
had not received any comments from the public.
1163 Terrace St
Packet Page 99
Zoning Map
Aerial Map
Packet Page 100
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
An ordinance to amend the zoning map of the City to provide for a zone change for 1163 Terrace St from
R-3 to B-2
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning for 1163 Terrace St from R-3
to B-2.
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 5-9 INCL LOTS 11& 12 EXC NWLY 1/2 OF SD
LOTS 11 & 12 BLK 229
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC
City Clerk
Packet Page 101
CERTIFICATE (Rezoning 1163 Terrace St from R-3 to B-4)
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County, Michigan, does
hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the City Commission
of the City of Muskegon, at a regular meeting of the City Commission on the 11th day of April, at which
meeting a quorum was present and remained throughout, and that the original of said ordinance is on file in the
records of the City of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of
2006, and that minutes were kept and will be or have been made available as required thereby.
DATED: ___________________, 2023 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish Notice of Adoption to be published once within ten (10) days of final adoption.
Packet Page 102
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on April 11, 2023, the City Commission of the City of Muskegon adopted an ordinance
amending the zoning map to provide for the change of zoning for 1163 Terrace St from R-3 to B-2:
CITY OF MUSKEGON REVISED PLAT OF 1903 LOTS 5-9 INCL LOTS 11& 12 EXC NWLY 1/2 OF SD
LOTS 11 & 12 BLK 229
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk in the
City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2023
By ___________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Packet Page 103
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 11, 2023 Title: Deficit Elimination Plan – Brownfield
Redevelopment Authorities
Submitted By: Kenneth D. Grant Department: Finance
Brief Summary: To approve the Deficit Elimination plan and resolution for the Brownfield
Redevelopment Authority (combined) and direct staff to submit plan to the State of Michigan
Detailed Summary & Background:
At June 30, 2022 the Brownfield Redevelopment Authority (combined) had a $64,211.00 deficit. Act 275
of Public Acts of 1980 requires the City to formulate a deficit elimination plan and submit it to the Michigan
Department of Treasury. The deficit elimination plan and resolution for the Brown Field Redevelopment
are attached.
The State wanted more clarification on the deficit with a different layout, plus I extended the plan
one more year.
Goal/Focus Area/Action Item Addressed: Sustainability in financial practices
Amount Requested: $ Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion approve the deficit elimination resolution for the Brown Field
Redevelopment.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information
Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
Packet Page 104
DEFICIT ELIMINATION PLAN
City of Muskegon
State ID Number 61-2020
Brownfield Redevelopment Authorities (Combined)
April 11, 2023
At June 30, 2022 the City of Muskegon’s Brownfield Redevelopment Authority (combined) had a deficit of $64,211. This
was the first year that the Scattered Brownfield captured taxes. Expenses exceeded the tax captured. For the fiscal
year 2022-23, we project that the Scattered Brownfield will have enough tax capture to eliminate the deficit.
Packet Page 105
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITIES
PROPOSED PROPOSED
FY2022-23 FY2023-24
OPERATION REVENUE
PROPERTY TAXES $ 966,696.00 $ 1,042,005.00
Other
Total Operating Revenue $ 966,696.00 $ 1,042,005.00
OPERATING EXPENSES
Administration
Contractual Services $ 902,196.00 $ 951,332.00
Depreciation $ -
Total Operating Expenses $ 902,196.00 $ 951,332.00
Operation income(loss) $ 64,500.00 $ 90,673.00
NONOPERATING REVENUES (EXPENSES)
Investment Earnings
Interest Expense
Income(loss) before capital contributions $ 64,500.00 $ 90,673.00
CAPITAL CONTRIBUTIONS
Capital grants and Contributions
Transfers In FROM GF
Change in Net Position $ 64,500.00 $ 90,673.00
Net Position at beginning of year $ (103,660.24) $ (39,160.24)
Net position at end of year $ (39,160.24) $ 51,512.76
2022-23 2023-24
UNRESTRICED LESS NON CURRENT LIABILITIES $ (64,211.00) $ 289.00
REVENUES $ 966,696.00 $ 1,042,005.00
EXPENDITURES $ 902,196.00 $ 951,332.00
DEPRECIATION
MINUS CA-CL $ 289.00 $ 90,962.00
2021-22 WAS THE FIRST YEAR OF TAX CAPTURE EXPENDITURE EXCEEDED CAPTURE
GOING FORWARD WE EXPECT TAX CAPTURE TO EXCEEED EXPENSES
MORE PROPERTIES WILL CONTRIBUTE TO THE TAX CAPTURE AS MORE PROPERTIES ARE
ADDED TO THE TAX ROLL THAT WERE PREVIOUSLY TAX EXEMPT
Packet Page 106
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO.______________
WHEREAS City of Muskegon’s Brownfield Redevelopment Authority (combined) had a
$64,211 deficit balance June 30, 2022; and
WHEREAS, Act 275 of the Public Acts of 1980 requires that a Deficit Elimination Plan
be formulated by the local unit of government and filed with the Michigan Department of
Treasury:
NOW THEREFORE, IT IS RESOLVED that the City Commission of the City of
Muskegon adopts the following as the City of Muskegon’s Brownfield Redevelopment
Authority (combined) Deficit Elimination Plan.
Packet Page 107
CITY OF MUSKEGON
BROWNFIELD REDEVELOPMENT AUTHORITIES
PROPOSED PROPOSED
FY2022-23 FY2023-24
OPERATION REVENUE
PROPERTY TAXES $ 966,696.00 $ 1,042,005.00
Other
Total Operating Revenue $ 966,696.00 $ 1,042,005.00
OPERATING EXPENSES
Administration
Contractual Services $ 902,196.00 $ 951,332.00
Depreciation $ -
Total Operating Expenses $ 902,196.00 $ 951,332.00
Operation income(loss) $ 64,500.00 $ 90,673.00
NONOPERATING REVENUES (EXPENSES)
Investment Earnings
Interest Expense
Income(loss) before capital contributions $ 64,500.00 $ 90,673.00
CAPITAL CONTRIBUTIONS
Capital grants and Contributions
Transfers In FROM GF
Change in Net Position $ 64,500.00 $ 90,673.00
Net Position at beginning of year $ (103,660.24) $ (39,160.24)
Net position at end of year $ (39,160.24) $ 51,512.76
2022-23 2023-24
UNRESTRICED LESS NON CURRENT LIABILITIES $ (64,211.00) $ 289.00
REVENUES $ 966,696.00 $ 1,042,005.00
EXPENDITURES $ 902,196.00 $ 951,332.00
DEPRECIATION
MINUS CA-CL $ 289.00 $ 90,962.00
2021-22 WAS THE FIRST YEAR OF TAX CAPTURE EXPENDITURE EXCEEDED CAPTURE
GOING FORWARD WE EXPECT TAX CAPTURE TO EXCEEED EXPENSES
MORE PROPERTIES WILL CONTRIBUTE TO THE TAX CAPTURE AS MORE PROPERTIES ARE
ADDED TO THE TAX ROLL THAT WERE PREVIOUSLY TAX EXEMPT
Packet Page 108
Adopted this _______day of April 2023
By:__________________________________
Ken Johnson
Its Mayor
By:__________________________________
Ann Marie Meisch, MMC
Its Clerk
CERTIFICATION
This resolution was adopted at a regular meeting of the City commission, held on April
11, 2023. The meeting was properly held and noticed pursuant to Open Meetings Act of
the State of Michigan, Act 267 of the Public Acts of 1967.
CITY OF MUSKEGON
By: ________________________________
Ann Marie Meisch, MMC
City Clerk
Packet Page 109
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 11, 2023 Title: Emergency
Management Resolution
Submitted By: Director Timothy E Kozal Department: Public Safety
Brief Summary: We are asking for resolution to the Emergency Management Resolution as there
are name/job updates.
Detailed Summary & Background: The City of Muskegon is incorporated into the Muskegon County
Emergency Management Program. By being part of the county Emergency Management Program,
the City of Muskegon and the County of Muskegon have certain responsibilities to each other. This
Support Emergency Operations Plan was developed to identify the responsibilities between the City of
Muskegon and the County of Muskegon in regards to pre-disaster emergency management activities.
Goal/Focus Area/Action Item Addressed:
Refer to the 2022-2027 Long Term Goals document.
Amount Requested: NA Amount Budgeted: NA
Contact Finance if your item does not fit into
the current budget.
Fund(s) or Account(s): NA Fund(s) or Account(s): NA
Recommended Motion: For the commission to approve and the appropriate department heads, city
mayor and city clerk to sign the 2023 Emergency Management Resolution as is with the updated
names and jobs titles.
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
Packet Page 110
MSP/EMSHD Pub. 204
September 2015
Emergency Management and Homeland Security Division
Michigan Department of State Police
SUPPORT EMERGENCY OPERATIONS PLAN
GUIDE
A GUIDE TO ASSIST MUNICIPALITIES INCORPORATED INTO THE COUNTY
EMERGENCY MANAGEMENT PROGRAM TO DEVELOP A SUPPORT EMERGENCY
OPERATIONS PLAN.
Packet Page 111
TABLE OF CONTENTS
Introduction to the Guide ....................................................................................................... 1
Purpose .................................................................................................................... 1
Scope ....................................................................................................................... 1
Maintenance ............................................................................................................. 1
Developing the Plan ............................................................................................................. 1
Plan requirements .................................................................................................... 1
Plan format ............................................................................................................... 2
Planning process...................................................................................................... 3-4
Emergency Management Resolution .................................................................................... 4
Attachments:
Attachment A: Sample Emergency Management Resolution ............................................... 5
Attachment B: Sample Support Emergency Operations Plan .............................................. 12
Packet Page 112
INTRODUCTION TO THE GUIDE
I. Purpose
This document is designed to serve as a guide for municipalities with a population of 10,000 residents or
above that have elected to incorporate into the County Emergency Management Program and need to
develop a Support Emergency Operations Plan (EOP) following the Administrative Rules for Section 19,
1976 PA 390, as amended. In accordance with these rules, the Support EOP shall be consistent with the
County Emergency Operations Plan and will become part of the county plan.
The preparation of a Support EOP will increase emergency preparedness through the definition of the
responsibilities of local departments and agencies. The plan assigns tasks that need to be accomplished
when an incident occurs, and describes how local and county emergency management efforts are related.
Maintaining a current Support EOP also establishes eligibility to receive Section 19 funding in accordance
with Section 19 of 1976 PA 390, as amended. If federal assistance does not become available after the
Governor has declared a State of Disaster or Emergency, affected counties and municipalities can be
eligible to receive state assistance up to $100,000 or 10% of their operating budget, whichever is less, to
cover certain disaster related expenses. To be eligible for Section 19 funding, municipalities with a
population of 10,000 and above that do not maintain an independent emergency management program
must develop and submit a Support EOP to the county, and implement that plan in a timely manner at the
beginning of the incident.
II. Scope
This document provides basic guidance and a template for the development of a Support EOP. The
template (Attachment B) contains general information that can be adapted to any municipality. The annexes
specify how the municipality will carry out common emergency support functions.
Also included with this document is a sample Emergency Management Resolution (Attachment B) that
appoints the County Emergency Management Coordinator as the Emergency Management Coordinator of
the municipality, and outlines how emergency management efforts on the local level are organized in
relation to the County Emergency Management Program.
If either template is used, it should be reviewed and adjusted to the specific needs of each municipality.
Municipalities that do not utilize the templates can develop individual plans or resolutions. Other available
guiding materials for the development of EOPs include MSP/EMSHD Pub 201 (Local Planning Workbook)
and FEMA Comprehensive Preparedness Guide 101.
III. Maintenance
Pub 204 has been developed by MSP/EMHSD and is maintained to ensure compliance with current national
planning standards and relevant state laws pertaining to emergency planning. This document was last
updated in August 2015 and supersedes the October 2011 version. It will be updated every four years.
DEVELOPING THE PLAN
All stakeholders that are involved in the community response to emergencies and disasters should be
involved in the development of the Support EOP. The County Emergency Management Program should
work with the municipality to ensure that the plan is compatible with the County Emergency Operations
Plan. A standardized planning approach can be used for the development of the Support EOP.
I. Plan requirements
The Administrative Rules for Section 19 of 1976 PA 390, as amended, establish four requirements for the
development of Support EOPs. In accordance with these requirements, Support EOPs shall:
1
Packet Page 113
1. Describe the relationship between the County Emergency Management Program and the
municipality:
The plan should state that the municipality has chosen to incorporate into the county program,
coordinates emergency management related matters with the county program, and has assigned
the County Emergency Management Coordinator as the responsible Emergency Management
Coordinator for the municipality.
2. Identify the municipality’s response procedures in relation to the county response
procedures:
The plan should establish annexes that describe common tasks that need to be accomplished
when responding to an emergency or disaster, and assign responsibility for these tasks to municipal
departments and other local agencies. The annexes should identify the responsible agencies on
the local level that coordinate and share information with at the county level, and clarify joint
responsibilities. Annexes in the Support EOP should also identify which annex or annexes they
relate to in the County EOP.
3. Be maintained in accordance with the standards and currentness of the county plan, be
consistent with the county plan:
The efforts described in local and county plans should be consistent and complement each other.
To maintain the Support EOP in currentness with the County EOP, updates to the local plan are
necessary whenever the county plan is updated. When the County EOP is updated, the Support
EOP should be revised to ensure that it is still compatible with the county plan.
4. Contain the signature of the Chief Executive Official (CEO) of the municipality, be forwarded
to the county:
After a new Support EOP has been developed or an existing plan has been updated, the signature
of the CEO (Mayor, Township Supervisor) needs to be obtained. If a change of the CEO occurs,
the plan needs to be reviewed and the signature of the new official obtained. After the plan is
signed, a copy must be forwarded to the County Emergency Management Program, where it should
be filed with the County EOP.
II. Plan format
The plan should consist of a Basic Plan section and functional annexes.
The Basic Plan defines the purpose of the plan, provides a community profile, identifies hazards and
community vulnerabilities, and describes the relationship between municipality and the County Emergency
Management Program.
The annexes identify specific emergency management and response tasks that need to be accomplished
before, during and after an incident, and assign responsibility for carrying out these tasks to local agencies.
Annexes should be organized by emergency response functions or tasked agencies and can be written in
narrative or bulleted style. While municipalities are not required to mirror the format used in the county plan,
this can be beneficial. The template included with this document uses a bulleted “Emergency Action
Guidelines” format for its annexes.
III. Planning process
The following seven step planning process also utilized in County EOP development should be used to
develop a Support EOP. For additional information on the process steps, please refer to MSP/EMSHD Pub
201 (Local Planning Workbook).
1. Form a collaborative planning team:
The planning team is the group of individuals responsible for designing, developing, and implementing
the Support EOP. It should include representatives from all agencies that are committed to participate
in emergency response activities within the municipality. Other stakeholders that should be engaged in
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the planning process include representation from the municipality’s executive office, the County
Emergency Management Program, agencies that can provide insight into necessary accommodations
for groups or individuals requiring Functional Needs Support Services (FNSS), schools, etc.
2. Identify hazards and assess risks:
The hazard analysis is the foundation upon which the municipality’s emergency planning efforts should
be built. It identifies conditions or situations that have the potential to cause harm to people or property
in the community. The hazard analysis process involves four steps.
Step 1: A profile of the community is developed (demographic and economic make-up, geography and
land-use, key facilities, etc.).
Step 2: The development of a community profile is followed by the hazard identification, which should
start with a review of the County Hazard Analysis or Hazard Mitigation Plan. Local resources should
then be used to identify further hazards that are unique to the community and might not have been
included in county documents.
Step 3: The assessment of risks explores how likely it is that a risk will manifest itself in an incident,
how often this might occur, where it might occur, and what the severity of impact would be. Hazards
should be ranked based on the expected frequency of occurrence and severity of impact.
Step 4: The vulnerability determination examines how susceptible citizens, property, infrastructure and
critical systems are to the identified hazards.
3. Determine Goals and Objectives:
Developing clear goals and objectives will help the municipality to identify problems, issues and
opportunities. Establishing goals outlines the vision of what the community wants to achieve. Goals can
be pursued in the long-term, but need to be achievable. Objectives are specific and measurable
strategies to achieve these goals. Often, multiple objectives will need to be established to support one
goal.
4. Plan Development:
This step describes the conceptualization of the plan, which includes the generation and comparison
of alternate strategies to achieve the established goals and objectives. This involves two tasks:
Developing and analyzing courses of actions to be conducted during an incident, and identifying the
resources that determine the capability of the municipality to take these actions. Developing actions
allows planners to depict how an operation unfolds by building and working through a portrait of a
potential event, including key decision points and participant activities. This helps to identify actions
that occur and resources that will be required throughout the progression of an event.
After identifying potential strategies to achieve established goals, an important sub-step in the
conzeptualization of the plan is the evaluation of actions to ensure that the actions that are selected to
be included in the plan are feasible. It is critical to determine if required resources are available or easily
obtainable during an incident, and if actions are compliant with laws and regulations, such as local
ordinances and resolutions, legal authorities, law enforcement standards, and Governor’s orders and
directives.
5. Plan Preparation, Review and Approval:
When writing the plan, a simple format should be used. The finished plan must be compatible with the
County EOP. This can be achieved by including references to the county plan, utilizing a similar format,
or organizing annexes after similar emergency response functions. Feedback should be solicited from
all stakeholders that are tasked within the plan, the County Emergency Management Program, and
local elected officials. After the review process, necessary adjustments should be implemented. The
municipality should adopt the plan by resolution, obtain the signature of the CEO, and forward a signed
copy of the plan to the County Emergency Management Program.
6. Plan implementation and update:
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The last step is to implement, maintain and update the plan. Plan updates are required after change of
the CEO or when the County EOP has been updated. Plan reviews should also be considered after
plan activations (during incidents or exercises), changes in operational resources, and changes in the
community and/or hazard profile of the municipality. Lessons learned from actual events and exercises
are essential to the evaluation of a plan’s effectiveness, and help to determine if the plan is:
Adequate: The concept of operations identifies and addresses critical tasks effectively.
Feasible: Critical tasks can be accomplished timely and with available resources.
Acceptable: The needs and demand driven by an event are met, actions meet the expectation
of local officials and the public, and are consistent with law.
Complete: The plan includes all necessary tasks, steps and required capabilities to reach an
identified desired end state.
Compliant: The plan complies with guidance and doctrine to the highest extent possible.
FEMA Comprehensive Preparedness Guide 101 established adequacy, feasibility, acceptability,
completeness and compliance as criteria that allow planners and decision makers to determine the
efficiency and effectiveness of their plans.
EMERGENCY MANAGEMENT RESOLUTION
In addition to the development of a Support EOP, it is recommended that municipalities adopt a local
Emergency Management Resolution. The Emergency Management Resolution should appoint the County
Emergency Management Coordinator as the Emergency Management Coordinator responsible for the
municipality, describe the local emergency management organization and its relationship to the County
Emergency Management Program, and provide a means for the local legislative body to exercise the
authority vested in them by 1976 PA 390, as amended. Attachment A provides a sample Emergency
Management Resolution.
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ATTACHMENT A: SAMPLE EMERGENCY MANAGEMENT RESOLUTION
The following pages provide a sample Emergency Management Resolution. If used as a template, the
sample resolution should be reviewed by municipality and county, and adjusted to meet local needs. Before
adoption, the resolution should be reviewed by the municipality’s legal counsel.
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City of Muskegon
Emergency Management Resolution
A resolution to provide for the mitigation, preparedness, response and recovery from natural and human-made
disasters within the City of Muskegon by being part of the Muskegon County emergency management program;
to appoint the county emergency management coordinator as the City of Muskegon emergency management
coordinator; to provide for a means for coordinating the resources of the municipality with those of the county;
and to provide a means through which the city council of Muskegon may exercise the authority and discharge
the responsibilities vested in them by this resolution and Act No. 390 of the Public Acts of 1976, as amended.
Article 1 - Short Title
Section 101. This resolution shall be known as the “Emergency Management Resolution”.
Article 2 – Definitions
Section 201. For the purpose of this resolution, certain words used herein are defined as follows:
(a) “Act” means the Michigan Emergency Management Act, Act No. 390 of the Public Acts of 1976,
as amended.(b) “Disaster” means an occurrence or threat of widespread or severs damage,
injury or loss of life or property resulting from a natural or human-made cause, including but not
limited to, fire, flood, snowstorm, ices storm, tornado, windstorm, wave action, oil spill, water
contamination, utility failure, hazardous peacetime radiological incident, major transportation
accident, hazardous materials incident, epidemic, air contamination, blight, drought, infestation,
explosion, or hostile military action or paramilitary action, or similar occurrences resulting from
terrorist activities, riots, or civil disorders.
(c) “Disaster relief force” means all agencies of county and municipal government, private and
volunteer personnel, public officers and employees, and all other persons or groups of persons
identified in the Muskegon County Emergency Operations Plan as having duties to perform or
those called into duty or working at the direction of a party identified in the plan to perform a
specific disaster or emergency related task during a local state of emergency.
(d) “District Coordinator” means the Michigan Department of State Police District Emergency
Management Coordinator. The District Coordinator serves as liaison between local emergency
management programs and the Michigan State Police, Emergency Management Division in all
matters pertaining to the mitigation, preparedness, response and recovery of emergency and
disaster situations.
(e) “Emergency management coordinator” means the person appointed to coordinate all matters
pertaining to emergency management within the municipality. The emergency management
coordinator for the City of Muskegon is the Muskegon County emergency management
coordinator.
(f) “Emergency management program” means a program established to coordinate mitigation,
preparedness, response and recovery activities for all emergency or disaster situations within a
given geographic area made up of one or several political subdivisions. Such a program has an
appointed emergency management coordinator and meets the program standards and
requirements established by the Department of State Police, Emergency Management Division.
The City of Muskegon has elected to be part of the Muskegon County emergency management
program.
(g) “Emergency operations plan” means the plan developed and maintained by county and political
subdivisions included in the emergency management program area for the purpose of responding
to all emergency or disaster situations by identifying and organizing the disaster relief force.
(h) “Governor’s state of disaster” means an executive order or proclamation by the Governor that
implements the disaster response and recovery aspects of the Michigan Emergency Management
Plan and applicable local plans of the county or municipal programs affected.
(i) “Governor’s state of emergency” means an executive order or proclamation by the Governor that
implements the emergency response and recovery aspects of the Michigan Emergency
Management Plan and applicable local plans of the county or municipal programs affected.
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(j) “Local state of emergency” means a declaration by the Mayor1 pursuant to the act and this
resolution which implements the response and recovery aspects of the Muskegon County
Emergency Operations Plan and authorizes certain actions as described in this resolution.
(k) “Vital records” means those records that contain information needed to continue the effective
functioning of a government entity City of Muskegon and for the protection of the rights and
interests of persons under emergency conditions in the event of an emergency or disaster
situation.
Article 3 - Emergency Management Coordinator; Appointment
Section 301. By the authority of this resolution the Mayor hereby appoints the Muskegon County
Emergency Management Coordinator as the emergency management coordinator for the City of
Muskegon.2 In addition to acting for, and at the direction of, the Chairperson of the Muskegon
County Board of Commissioners, the Emergency Management Coordinator will also act for, and
at the direction of, the Mayor.3
Section 302. A line of succession for the Muskegon County Emergency Management Coordinator has
been established and is listed in the City of Muskegon Emergency Operations Plan.
Article 4 - Emergency Management Coordinator; Duties
Section 401. The Emergency Management Coordinator shall comply with standards and requirements
established by the Department of State Police, Emergency Management Division, under the
authority of the act, in accomplishing the following 4:
(a) Direct and coordinate the development of the Muskegon County Emergency Operations Plan,
which shall be consistent in content with the Michigan Emergency Management Plan.
(b) Direct and coordinate the development of the Muskegon County Emergency Operations Plan,
which shall be consistent in content with the Michigan Emergency Management Plan.
(c) Specify departments or agencies which must provide an annex to the plan or otherwise cooperate
in its development.
(d) Identify departments and agencies to be included in the Emergency Operations Plan as disaster
relief force.
(e) Develop and maintain a county Resource Manual.
(f) Coordinate the recruitment, appointment, and utilization of volunteer personnel.
1According to Act 390, as amended, sec. 10 (1) (b) any county or municipality that has an appointed emergency
management coordinator can declare a local state of emergency. This power is given to the “chief executive
official” (see definitions in the act) or the official designated by charter.
2 Act 390, as amended, sec. 9 (2-3) states that the coordinator shall be appointed by the “chief executive official”
(see definitions in the act) in a manner provided in the municipal charter.
3Act 390, as amended, sec. 9 (1-3) states that the appointed county coordinator shall act for and at the direction
of the chairperson or county executive. It also says that a coordinator appointed by a municipality shall act for
and at the direction of the “chief elected official” (see definitions in the act) or the official designated by the
municipal charter.
4Act 390, as amended, sec. 7a (4) gives the Emergency Management Division the authority to promulgate
several standards and requirements.
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(g) Assure the emergency management program meets eligibility requirements for state and federal
aid.
(h) Coordinate and/or conduct training and exercise programs for the disaster relief force within the
county and to test the adequacy of the Emergency Operations Plan.
(h) Through public information programs, educate the population as to actions necessary for the
protection of life and property in an emergency or disaster.
(i) Assist in the development of mutual aid agreements.
(j) Assist the City of Muskegon municipal liaison with the development of municipal standard
operating procedures which are consistent with the county Emergency Operations Plan.
(k) Oversee the implementation of all functions necessary during an emergency or disaster in
accordance with the Emergency Operations Plan.
(l) Coordinate county emergency management activities with those municipalities included in the
county emergency management program, other municipalities, the state, and adjacent counties.
(m) Coordinate all preparedness activities, including maintaining primary and alternate Emergency
Operations Centers.
(n) Identify mitigation opportunities within the county and encourage departments/agencies to
implement mitigation measures.
Article 5 - Emergency Management Liaison; Duties
Section 501. By the authority of this resolution the Mayor has appointed a liaison for the purpose of assisting
the county Emergency Management Coordinator in coordinating the emergency management activities within
the municipality. The duties of the liaison are as follows:
(a) Coordinate municipal emergency management activities with those of the county jurisdictions.
(b) Assist the county Emergency Management Coordinator with the development of the county
Emergency Operations Plan and the incorporation of municipal resources into the plan.
(c) Identify municipal departments and agencies to be included in the Emergency Operations Plan as
part of the disaster relief force.
(d) Identify municipal resources and forward information to the county Emergency Management
Coordinator for inclusion in the county Resource Manual.
(e) Coordinate the recruitment, appointment, and utilization of volunteer resources.
(f) Assist the county Emergency Management Coordinator with administering training programs.
(g) Coordinate municipal participation in exercises conducted by the county.
(h) Assist in the development of mutual aid agreements.
(i) Assist in educating the population as to actions necessary for the protection of life and property in
an emergency or disaster.
(j) Encourage departments/agencies within the municipality to identify and implement procedures to
mitigate the effects of potential disasters.
(k) Assist in the assessment of the nature and scope of the emergency or disaster and collect
damage assessment information and forward to the county.
(l) Coordinate the vital records protection program.
(m) Develop municipal standard operating procedures for disaster response which are consistent with
the county Emergency Operations Plan.
Section 502. The Mayor shall appoint a minimum of two persons as successors to the position of the municipal
liaison. The line of succession shall be supplied to the county Emergency Management Coordinator.
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Article 6 - Mayor Powers; Duties
Section 601. On an annual basis, the Mayor shall review the eligibility and performance of the Emergency
Management Coordinator and make recommendations to the City Council.4
Section 602. The Mayor shall, review the effectiveness of the Muskegon County Emergency Operations Plan as
the plan relates to the municipality once every two years. With the assistance of the municipal liaison, he\she
shall make recommendations to the county Emergency Management Coordinator of any changes which may be
needed. After this review and incorporation of necessary changes, the Mayor shall certify the plan to be current
and adequate for the City of Muskegon the ensuing two years.5
Section 603. When circumstances within the City of Muskegon indicate that the occurrence or threat of
occurrence of widespread or severe damage, injury or loss of life or property from natural or human-made cause
exists the Mayor may declare a local state of emergency. 1 Such a declaration shall be promptly filed with the
Muskegon County Emergency Management Office, who shall forward it to the Department of State Police,
5Rule 4 (c) (d-q) of the administrative rules promulgated for Act 390, sec. 19 states that the plan shall be
considered official upon bearing the signature of the chief executive official of the municipality. The plan must
be current and adequate (see rule) within two years.
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Emergency Management Division. This declaration shall not be continued or renewed for a period in excess of
7 days except with the consent of the Muskegon City Commission.6
Section 604. If the Mayor invokes such power and authority, he/she shall, as soon as reasonably expedient,
convene the Muskegon City Commission for one or more emergency meetings in accordance with the Open
Meetings Act to perform its normal legislative and administrative duties as the situation demands, and will report
to that body relative to emergency activities. Nothing in this resolution shall be construed as abridging or
curtailing the powers of the Muskegon City Commission unless specifically provided herein.
Section 605. The Mayor may do one or more of the following under a local state of emergency:
(a) Direct the Emergency Management Coordinator to implement the Emergency Operations Plan.
(b) Issue directives as to travel restrictions on local roads within the municipality.
(c) Relieve City of Muskegon employees of normal duties and temporarily reassign them to other
duties.
(d) Activate mutual aid agreements.
(e) Direct the municipal disaster relief effort in accordance with the county Emergency Operations
Plan and municipal standard operating procedures.
(f) Notify the public and recommend in-place or evacuation or other protective measures.
(g) Request a state of disaster or emergency declaration from the Governor as described in Article 7.
(h) When obtaining normal approvals would result in further injury or damage, the Mayor may, until
the City Commission convenes, waive procedures and formalities otherwise required pertaining to
the following:
(1) For a period of up to 7 days, send the disaster relief force and resources to the aid of
other communities as provided by mutual aid agreements.
(2) For a period of up to 7 days, appropriate and expend funds from the disaster contingency
fund created in Article 9. The City of Muskegon does not have a specific disaster
contingency fund established.
(3) For a period of up to 7 days, make contracts, obtain and distribute equipment, materials,
and supplies for disaster purposed.
(4) Employ temporary workers.
(5) Purchase and distribute supplies, materials, and equipment.
(6) Make, amend, or rescind ordinances or rules necessary for emergency management
purposes which supplement a rule, order, or directive issued by the Governor or a state
agency. Such an ordinance or rule shall be temporary and, upon the Governor’s
declaration that a state of disaster or state of emergency is terminated, shall no long be in
effect.7
Section 606. If a state of disaster or emergency is declared by the Governor, assign and make available for
duty the employees, property, or equipment of the City of Muskegon within or without the physical limits of the
City as ordered by the Governor or the Director of the Department of State Police in accordance with the act. 8
Article 7 - Governor Declaration Request
Section 701. If a disaster or emergency occurs that has not yet been declared to be a state of disaster or a
state of emergency by the Governor, and the Mayor determines that the situation is beyond control of the
municipality, he/she may request the Governor to declare that a state of disaster or state of emergency exists in
the municipality in accordance with the act. This shall be done by immediately contacting the Muskegon County
6 Act 390, as amended, sec. 10 (1) (b) provides for the 7 day limit and disposition of the declaration.
7 Act 390, as amended, sec.12 (2) provides this authority.
8 Act 390, as amended, sec. 10 (1) (h) provides this authority.
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Emergency Management Coordinator. The Emergency Management Coordinator shall immediately contact the
District Coordinator. The District Coordinator, in conjunction with the Emergency Management Coordinator,
shall assess the nature and scope of the disaster or emergency, and they shall recommend the state personnel,
services, and equipment that will be required for its prevention, mitigation, or relief.9
Article 8- Volunteers; Appointment; Reimbursement
Section 801. Each municipal department, commission, board, or other agency of municipal government is
authorized to appoint volunteers to augment its personnel in time of emergency to implement emergency
functions assigned in the county Emergency Operations Plan. Such individuals are part of the disaster relief
force and shall be subject to the rules and operational control set forth by the respective department,
commission, board, or agency through which the appointment was made, and shall be reimbursed for all actual
and necessary travel and subsistence expenses.10
Article 9 - Disaster Contingency Fund
Section 901. A disaster contingency fund has not been created in the budget.
Article 10 - Rights of Disaster Relief Force
Section 1001. In accordance with the act, personnel of the disaster relief force while on duty shall have the
following rights:
(a) If they are employees of the municipality, or other governmental agency regardless of where
serving, have the powers, duties, rights, privileges, and immunities and receive the compensation
incidental to their employment.
(b) If they are not employees of the municipality, or other governmental agency be entitled to the
same rights and immunities as are provided for by law. 10
Article 12 - Temporary Seat of Government
Section 1201. The Muskegon City Commission shall provide for the temporary movement and reestablishment
of essential government offices in the event that existing facilities cannot be use.
Article 13 - Liability
Section 1301. As provided for in the act and this resolution, the municipality, or the agents or representatives of
the municipality, shall not be liable for personal injury or property damage sustained by the disaster relief force.
In addition, any member of the disaster relief force engaged in disaster relief activity shall not be liable in a civil
action for damages resulting from an act of omission arising out of and in the course of the person’s good faith
rendering of that activity, unless the person’s act or omission was the result of that person’s gross negligence or
willful misconduct. The right of a person to receive benefits or compensation to which he or she may otherwise
9 Act 390, as amended, sec.12 states that the “chief executive official” (see definitions in act) of a county or any
municipality may make this request. However, he/she must do this utilizing the procedures set forth in sec. 14
of the act which states that the appointed emergency management coordinator and the district coordinator must
jointly assess the situation and make recommendations.
10 Act 390, as amended, sec. 11 (1) (a-c) discusses disaster relief force rights and duties.
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be entitled to under the worker’s compensation law, any pension law, or act of congress will not be effected as a
result of said activity.11
Section 1302. As provided for in the act, any person owning or controlling real estate or other premises who
voluntarily and without compensation grants the municipality the right to inspect, designate and use the whole or
any part of such real estate or premises for the purpose of sheltering persons or for any other disaster related
function during a declared local state of emergency or during an authorized practice disaster exercise, shall not
be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such
license, privilege or other permission, or for loss of, or damage to, the property of such person.11
Article 14 - Sovereignty
Section 1401. Should any section, clause, or provision of this resolution be declared by the courts invalid for
any reason, such declaration shall not affect the validity of this resolution as a whole or any part thereof, other
than the section, clause, or provision so declared to be invalid.
Article 15 - Repeals
Section 1501. All resolutions or parts of resolutions inconsistent herewith are hereby repealed.
Article 16 - Annual Review
Section 1601. This resolution shall be reviewed annually by the Muskegon City Commission and changes shall
be made if necessary.
Article 17 - Effective Date
Section 1701. This resolution shall have immediate effect.
(The community may choose to adopt either an ordinance or resolution, whichever is the most appropriate
procedure within the community, and promulgate it according to normal procedures.)
11 Act 390, as amended, sec. 11 (2-8) discusses liability.
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ATTACHMENT B: SAMPLE SUPPORT EMERGENCY OPERATIONS PLAN
The following pages provide a sample Support Emergency Operations Plan. If used as a template, the sample
plan should be reviewed and adjusted to meet local needs.
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CITY OF MUSKEGON
SUPPORT EMERGENCY OPERATIONS PLAN
An all-hazards plan supporting the Muskegon County Emergency Operations Plan/Emergency Action
Guidelines, for use in the event of disaster or severe emergency of natural, human, wartime,
technological or terrorism origin.
Date
March 20, 2023
The information contained in this template, developed by the Michigan State Police, Emergency
Management and Homeland Security Division (MSP/EMHSD), should be used to assist in
developing a Support Emergency Operations Plan which must then be reviewed by the Local
Planning Team (LPT) and modified based on the community’s emergency response capabilities.
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City of Muskegon Support Emergency Operations Plan - 2023
TABLE OF CONTENTS
Promulgation Document..................................................................................................................... i
Approval and Implementation ............................................................................................................ ii
Record of Revisions ........................................................................................................................... iii
Record of Distribution ......................................................................................................................... iv
Basic Plan:
Purpose ................................................................................................................................. 1
Scope .................................................................................................................................... 1
Authorities and References ................................................................................................... 1
Plan Development and Maintenance .................................................................................... 1-2
Situation Overview ................................................................................................................ 2
Planning Assumptions........................................................................................................... 3
Concept of Operations .......................................................................................................... 3-4
Organization and Assignment of Responsibilities ................................................................. 5-6
Annexes:
Overview ............................................................................................................................... 12
Annex A, Direction, Control, and Coordination ..................................................................... 13-15
Annex B, Communications and Warning .............................................................................. 16-17
Annex C, Damage Assessment ............................................................................................ 18-19
Annex D, Fire Services ......................................................................................................... 20-21
Annex E, Mass Care, Emergency Assistance, Housing, and Human Services ................... 22-23
Annex F, Public Health and Medical Services ...................................................................... 24-25
Annex G, Public Information ................................................................................................. 26-27
Annex H, Public Safety ......................................................................................................... 28-29
Annex I, Public Works ........................................................................................................... 30-31
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City of Muskegon Support Emergency Operations Plan - 2023
Promulgation Document
Officials of City of Muskegon, in conjunction with County and State Emergency Eanagement (EM) agencies, have
developed this Support Emergency Operations Plan that will enhance the local emergency response capability.
This plan, when used properly and updated, will assist local government officials to accomplish their primary
responsibilities of protecting lives and property in their community. This plan and its provisions will become official
when it has been signed and dated below by the Chief Executive Official (CEO) of the municipality.
_______________________________________ _____________________
Chief Executive Official Date
City of Muskegon
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City of Muskegon Support Emergency Operations Plan - 2023
Approval and Implementation
The Support Emergency Operations Plan, referred to in this document as the Support EOP, describes how the
City of Muskegon will handle emergency situations in cooperation with the Muskegon County Emergency
Management Program. The Support EOP assigns responsibilities to agencies for coordinating emergency
response activities before, during, and after any type of emergency or disaster. The Support EOP does not contain
specific instructions as to how each department will respond to an emergency; these can be found in the plan
annexes or separate Standard Operating Procedures (SOP).
The goal of the Support EOP is to coordinate emergency response efforts to save lives, reduce injuries, and
preserve property. The Support EOP addresses emergency issues before and after an emergency, but its primary
goals are to assemble, mobilize and coordinate a team of responders that can respond to any emergency, and
describe response procedures in relation to the county response procedures.
The Support EOP will use a graduated response strategy that is in proportion to the scope and severity of an
emergency. The City of Muskegon will plan, prepare and activate resources for local emergencies that affect the
local area (or a specific site) and/or widespread disasters that affect the entire state and/or nation.
The Support EOP was developed by a Local Planning Team (LPT). The LPT consists of key departments covering
emergency functions such as law enforcement, fire, public works, and public health. The team works to establish
and monitor programs, reduce the potential for hazard events in the community through planning, review, and
training, and assist the Muskegon County Emergency Management Program in developing and maintaining the
County EOP.
The Support EOP must be signed by the current CEO each time it is updated, with the exception of the following
activities:
1. Minor updates e.g. changing system names, grammar, spelling or layout changes
2. Updates to the annexes
These activities may be updated in the plan without the CEO signature by the following individuals:
1. Emergency Management Liaison
2. Department head responsible for an annex
Homeland Security Presidential Directive (HSPD) 5 facilitates a standard management approach to major
incidents, the National Incident Management System (NIMS). NIMS is administered as part of the National
Response Framework (NRF) which integrates the federal government into a single, all discipline, and all-hazards
plan. NIMS will provide a nationwide approach that enables federal, state, tribal and local government agencies
to “work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents,
regardless of cause, size or complexity.” This Support EOP has integrated NIMS concepts, including the Incident
Command System (ICS), and language to help incident management operate in accordance to the NIMS using
the guidance provided by the Department of Homeland Security (DHS).
During an emergency, all response personnel will use the ICS to manage the incident and employ emergency
resources at the site. The Emergency Operation Center (EOC) will coordinate additional resources when needed.
This EOP will be used during community recovery after an emergency.
This plan supersedes all previous plans.
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City of Muskegon Support Emergency Operations Plan - 2023
Record of Revisions
The following is a list of revisions made to the Support EOP. This chart tracks the date that changes were
made, reason for the changes, updated pages, and who made the revision.
Date Reason for Revision Page Numbers Revised By
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City of Muskegon Support Emergency Operations Plan - 2023
Record of Distribution
The following is a list of the individuals and facilities that have been provided a copy of the Support EOP in order
to conduct the assigned tasks addressed in this plan.
Name of Number of
Title of Recipient Agency Date
Recipient Copies
City of
Chief Executive Official Ken Johnson
Muskegon
Muskegon City
Mayor Ken Johnson
Commission
Muskegon County Muskegon
Emergency Management Richard Warner County Sheriff’s
Coordinator Office
City of Muskegon
City of
Emergency Management Timothy Kozal
Muskegon
Liaison
Muskegon
Communications and
Jason Wolford County Central
Warning Official
Dispatch
Damage Assessment Dan City of
Official VanderHeide Muskegon DPW
Muskegon
Fire Services Official Timothy Kozal
Public Safety
Mass Care, Emergency City of
Dan
Assistance, Housing, and Muskegon
VanderHeide
Human Services Official Planning
Public Health and Medical Trinity Health
Chad Crook
Services Official EMS
Jonathan City of
Public Information Official
Seyferth Muskegon
Muskegon Public
Information Center
Muskegon Emergency
Operations Center
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City of Muskegon Support Emergency Operations Plan - 2023
Basic plan
Purpose
The City of Muskegon has elected to incorporate into the Muskegon County Emergency Management
Program. As partners in the five phases of emergency management, mitigation, preparedness, prevention,
response and recovery, the City of Muskegon and the Muskegon County Emergency Management Program
share joint responsibilities. The City of Muskegon Support EOP has been developed to identify these
responsibilities. It is to be used in concurrence with the County EOP. In accordance with Section 19 of the
Michigan Emergency Management Act (1976 PA 390, as amended), activation of this this plan at the
beginning of a disaster or emergency also establishes eligibility to receive state assistance for disaster
related expenses incurred during a State of Emergency or Disaster declared by the Governor, for which
federal assistance is unavailable.
Scope
The City of Muskegon Support EOP is an adaptable document that can be applied to all hazards. Due to the
unique nature of emergencies, it may become necessary to deviate from the contents of the plan when
responding to an incident. Agencies that have been assigned supporting roles in this plan have developed
and will maintain SOPs that provide systematic instructions for accomplishing their assigned functions. The
local government conducts additional activities, such as personnel training, participation in exercises, public
information, land-use planning, etc., to support emergency preparedness, mitigation, and response efforts.
To facilitate efficient emergency management operations, the City of Muskegon continues to implement the
National Incident Management System (NIMS).
Authorities and References
A. Authority of local officials during an emergency:
1. 1976 PA 390, as amended, local Emergency Management resolution,
2. City of Muskegon adoption of the Support EOP,
3. Executive Directive No. 2005-09, the state adoption of the NIMS,
4. The Robert T. Stafford Disaster Relief and Emergency Assistance Act,
5. Emergency Planning and Community Right to Know Act of 1986 (EPCRA) also known as
the Superfund Amendments and Reauthorizations Act (SARA), Title III,
6. Good Samaritan Law and Know Act of 1986.
B. References used to develop the Support EOP:
1. NIMS,
2. NRF,
3. Michigan Emergency Management Plan (MEMP), Michigan State Police, Emergency
Management and Homeland Security Division (MSP/EMSHD),
4. Pub 204, MSP/EMHSD.
Plan Development and Maintenance
To ensure that this Support EOP addresses the needs of the community and is consistent with the Muskegon
County EOP, this document was developed in a cooperative, whole community effort between municipal
government, local community, and the County Emergency Management Program. The Support EOP is
updated after every change of the municipal CEO or update to the County EOP. After the plan is adopted by
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resolution of the Muskegon City Commission and approved by the CEO, it is forwarded to the County
Emergency Management Program. The plan will be implemented, tested through exercises in concurrence
with county officials, and maintained in accordance with the standards and currentness of the Muskegon
County EOP.
This plan has been provided to all municipal departments, local elected officials, the County Emergency
Management Program and all agencies tasked within the document. It includes this Basic Plan, which
provides an overview of the municipality’s preparedness and response strategies, and functional annexes
that describe the actions, roles and responsibilities of participating organizations.
Situation Overview
B. The City of Muskegon has taken various preparedness and incident management steps to enhance
capabilities in responding to incidents including:
1. The mitigation of potential hazards.
2. Identification of emergency response agencies and mechanisms that will protect life and
property before, during and after an emergency.
3. Tasking agencies, organizations, and individuals with specific functions and responsibilities
relative to emergency operations. Assigned tasks are explained in further detail under
“Organization and Assignment of Responsibilities.”
4. Integration with the Muskegon County EOP, Muskegon County hazard mitigation plan,
MEMP, etc.
C. Community profile:
The City of Muskegon is located in the south west portion of Muskegon County. The community has
a population of 37,552 residents. Approximately 12.2 percent of residents have been recognized as
individuals with Access and Functional Needs. Many of the residents that require Functional Needs
Support Services (FNSS) reside in congregate care centers, while others reside in non-group homes
where support is provided as needed or on-call. The City’s major industries are medical services
and automotive manufacturing employing approximately 5,000 people. Due to these industries, the
City is concerned with potential displaced citizens, closed streets and bridges dividing the community
and presenting general public health/safety concerns.
D. Hazard and threat analysis:
According to the Muskegon County Hazard Mitigation Plan, communities in the county are most
vulnerable to: sever weather events including high winds, snow/ice/sleet storms; hazardous chemical
incidents at both fixed sites and druing transportation on rail and highways. Areas within the City of
Muskegon that are especially vulnerable to these hazards are: residential areas on the western end
of Muskegon near Lake Michigan and the Industrial park located on the eastern most portion of
Muskegon. Additional hazards that have been identified as unique to the City of Muskegon can be
found in Muskegon County’s Hazard Mitigation Plan/Analysis.
Ten (10) sites that contain extremely hazardous materials are located in the City of Muskegon.
Facility owners have reported the types of hazardous materials that are stored on-site, as required
by the Emergency Planning and Community Right-To-Know Act (EPCRA). Pursuant to SARA Title
III requirements, off-site emergency response plans have been developed by the Local Emergency
Planning Committee (LEPC) to prepare fire departments for responding to the release of the specific
hazardous materials on these sites.
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E. Relationship between municipality and County Emergency Management Program:
Emergency management and response are primarily local responsibilities. However, disasters and
emergencies might exhaust the resources and capabilities of local governments. Therefore, the City
of Muskegon has chosen to incorporate into the Muskegon County Emergency Management
Program. To coordinate emergency management related matters with the County Emergency
Management Program, the City of Muskegon has appointed the Public Safety Director to serve as
the Emergency Management Liaision. The Emergency Management Liaison facilitates
communication and coordination between the City of Muskegon and county, and is the local point of
contact for the County Emergency Management Coordinator (EMC).
Planning Assumptions
A. The proper implementation of this plan will result in saved lives, incident stabilization, and property
protection in the City of Muskegon.
B. Some incidents occur with enough warning that necessary notification can be issued to ensure the
appropriate level of preparation. Other incidents occur with no advanced warning.
C. Depending upon the severity and magnitude of the situation, local resources may not be adequate
to deal with an incident. It may be necessary to request assistance through volunteer organizations,
the private sector, mutual aid agreements (MAAs)/memorandums of understanding (MOUs), and/or
county, state and federal sources. When provided, these will supplement, not substitute for, relief
provided by local jurisdictions.
D. All emergency response agencies within the City of Muskegon that have been tasked in the plan are
considered to be available to respond to emergency incidents. Agencies will work to save lives,
protect property, relieve human suffering, sustain survivors, stabilize the incident, repair essential
facilities, restore services and protect the environment.
E. When a jurisdiction receives a request to assist another jurisdiction, reasonable actions will be taken
to provide the assistance as requested.
F. Emergency planning is a work-in-progress; the Support EOP is consistently reviewed and updated.
G. During an emergency or disaster, parts of the plan may need to be improvised or modified, if
necessary, based on the situation.
Concept of Operations
A. Activation of the Support EOP and declaration of a local state of emergency:
When a threat is perceived, the Emergency Management Liaison activates the this Support EOP and
the local Emergency Operations Center (EOC) to facilitate activities that ensure the safety of people,
property and environment. Pursuant to 1976 PA 390, as amended, the municipal CEO may declare
a local state of emergency for the City of Muskegon if circumstances indicate that the occurrence or
threat of widespread or severe damage, injury, or loss of life or property exist. In the absence of the
CEO pursuant to local leglislation, the Mayor is authorized to declare a local state of emergency.
Upon a local declaration, PA 390 authorizes the municipal CEO to issue directives as to travel
restrictions on local roads. To facilitate activities that ensure the safety of people, property and
environment, a local declaration also activates this Support EOP and the municipal Emergency
Operations Center (EOC). A local state of emergency shall not be continued or renewed for a period
in excess of seven days except with the consent of the governing body of the municipality.
B. The following procedures are conducted and coordinated with the county in response to an
incident:
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1. The Emergency Management Liaison will perceive the threat, assess the hazard and ensure
that municipal emergency response agencies, elected officials and County EMC are notified
of the situation.
2. Municipal agencies assess the nature and scope of the emergency or disaster.
3. If the situation can be handled locally, the following guidelines are used:
a. The Emergency Management Liaison advises the CEO and coordinates all local
emergency response actions.
b. The Emergency Management Liaison activates the EOC. The EOC is located at
Muskegon City Hall, 933 Terrace Street. If this location is unavailable, the
alternate EOC location is Muskegon Central Fire Station, 770 Terrace Street.
c. The CEO declares a local state of emergency. The Emergency Management
Liaison notifies the County EMC and forwards the declaration to the County
Emergency Management Program.
d. Emergency Response Agencies are notified via telephone or text messaging to
report to the EOC by the Emergency Management Liaison.
e. The CEO directs departments/agencies to respond to the emergency in
accordance with the guidelines outlined in this plan and its annexes, and issues
directives as to protective actions and travel restrictions on local roads.
f. The Emergency Management Liaison keeps the County EMC informed of the
situation and actions taken.
4. If the emergency is beyond local control, municipal resources become exhausted, or special
resources are needed, county assistance is requested through the County EMC.
5. If county assistance is requested, the County EMC assesses the situation and makes
recommendations on the type and level of assistance. The county will also take the following
steps:
a. Activate County EOC and EOP
b. Respond with county resources
c. Activate MAA/MOUs to supplement county resources
d. Notify MSP/EMSHD District Coordinator
e. Make available incident information to MSP/EMSHD and statewide agencies via
the Michigan Critical Incident Management System (MI CIMS) online platform,
by submitting and maintaining applicable MI CIMS boards and logs.
6. If county resources and capabilities are exhausted, the county requests the Governor to
declare a State of Emergency or State of Disaster in accordance with procedures set forth
in 1976 PA 390, as amended. If the emergency occurs solely within the confines of the
municipality, the county shall not request state assistance or the Declaration of a State of
Disaster or Emergency unless requested to do so by the municipal CEO.
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Organization and Assignment of Responsibilities
A. Emergency Management Organization:
1. The City of Muskegon emergency management organization is comprised of seven (7)
agencies and departments that are responsible for conducting activities in response to
emergencies within the community. To facilitate an effective emergency response, these
departments have been assigned to nine specific emergency functions. All agencies are
responsible for implementing pre-disaster activities to prevent, mitigate and prepare for the
various hazards that the community is vulnerable to. These activities include awareness
training and public education, exercising, preparing Standard Operating Procedures (SOPs)
and job aides, hygienic practices to prevent spreading of infectious diseases, stockpiling
equipment, regulating land-use, etc.
2. The following table lists the established emergency support functions, assigned agencies,
primary points of contact, and phone numbers.
Function Agency Primary Contact Phone
Office-231-724-6724
Direction, Control, and Muskegon City Manager Jonathan Seyferth
Coordination Cell-231-286-8458
Muskegon County Office-231-332-6604
Jason Wolford
Communications and Warning Central Dispatch Cell-231-206-5741
Muskegon Department Office-231-724-6993
Dan VanderHeide
Damage Assessment of Public Works Cell-616-443-0829
Muskegon Fire Office-231-724-6954
Timothy Kozal
Fire Services Department Cell-269-929-3141
Muskegon Planning Office-231-724-6993
Mass Care, Emergency
Dan VanderHeide
Assistance, Housing, and Department
Human Services Cell-616-443-0829
Professional Med Team Office-231-720-1410
Public Health and Medical Chad Crook
Services (Pro Med) Cell-616-259-2232
Office-231-724-6724
Muskegon City Manager Jonathan Seyferth
Public Information
Cell-231-286-8458
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Muskegon Police Office-231-724-6954
Timothy Kozal
Public Safety Department Cell-269-929-3141
Muskegon Department Office-231-724-6993
Dan VanderHeide
Public Works of Public Works Cell-616-442-0829
3. The following table lists the alternates designated to represent the emergency functions.
Agency 1st Alternate 2nd Alternate
Muskegon City Manager LeighAnn Mikesell Timothy Kozal
Muskegon County Central
Nick Martin
Dispatch
Muskegon Department of Public
Dave Baker Doug Sayles
Works
Fire Department Jay Paulson Jim Diffell
Planning Department Dan VanderHeide Todd Myers
Police Department Andrew Rush Tim Bahorski
Pro-Med Dan Young
4. The City of Muskegon maintains four (4) fulltime departments. All departments contribute to
the safety and welfare of the community. Each department employs qualified emergency
personnel and maintains equipment that can be used in emergency response. A list of
resources available for utilization during incidents can be requested through the Emergency
Management Liaison. If resource needs exceed the capabilities of the community, the CEO
may activate MAA/MOUs and pre-disaster contracts, or it may become necessary to request
county assistance.
B. Responsibilities:
1. The following responsibilities have been assigned to each organization that has been
assigned responsibility in this plan:
a. Assist in the development, review and maintenance of Support EOP and County
EOP.
b. Report to the local EOC when activated for scheduled exercises or emergencies.
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c. Build capabilities and develop/maintain SOPs for specific functions or actions
identified in the plan. Continuously review and update procedures.
d. Maintain a list of resources available through the departments.
e. Establish MAA/MOUs and contracts with other jurisdictions and organizations to
supplement municipal resources.
f. Activate MAA/MOUs and contracts with other organizations to supplement response
activities when local resources become exhausted.
g. Train personnel in emergency management functions and NIMS/ICS concepts.
h. Protect vital records and other resources deemed essential for continuing
government functions and each agency’s emergency operations in accordance to
procedures and policies.
i. Ensure compliance with this plan and the County EOP, and any pertinent procedures
and documents that impact the provision of emergency services in the municipality.
2. The annexes attached to this plan further describe nine emergency support functions and
their associated responsibilities in mitigation, preparedness, prevention, response and
recovery. Annexes include the organizations that are responsible for carrying out the
emergency functions, and assign tasks associated with each function.
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ANNEXES
The annexes attached to the Basic Plan describe all-hazard functions and include the roles and responsibilities
that each responsible agency should consider during an emergency for which the Support EOP has been
activated. Each annex contains: the agencies responsible for carrying out a function, their assigned tasks, and
the concept of operations.
The annexes attached to this plan include the following functions:
Annex A, Direction, Control, and Coordination
Annex B, Damage Assessment
Annex C, Communications and Warning
Annex D, Fire Services
Annex E, Mass Care, Emergency Assistance, Housing, and Human Services
Annex F, Public Health and Medical Services
Annex G, Public Information
Annex H, Public Safety
Annex I, Public Works
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ANNEX A
DIRECTION, CONTROL, AND COORDINATION
The Direction, Control, and Coordination function is responsible for the activation, organization and operation of
the local EOC, the facilitation of incident management, response, and recovery efforts, and coordination with the
County Emergency Management Program.
Direction, Control, and Coordination officials will maintain liaison and coordinate emergency management and
response activities with the Direction, Control and Coordination function at the county level. This annex relates
to the following annex(es) in the Muskegon County EOP: ANNEX A – Direction & Control.
Responsible Agency: Executive Office
Direction, Control, and Coordination Checklist
Report to the EOC, when activated, for scheduled exercises and disasters, or delegate another
representative from the agency to staff the EOC and implement the plan.
EOC operations
Activate the EOC and ensure that appropriate staff is notified.
Establish a system of coordination, such as ICS (see Figure 1), within the EOC. (Field operations
at the ICP are required to utilize ICS.)
Maintain administrative materials for the EOC, i.e., pencils, paper, maps, and status boards.
Ensure copies of the Support EOP and EOC SOPs are available to EOC staff.
Coordinate with law enforcement officials for EOC security.
Local authority
Direct and coordinate response activities in accordance with this plan, including prioritizing
allocation of scarce resources.
Relieve jurisdiction employees of normal duties and temporarily reassign them to emergency
duties, and employ temporary workers, as necessary.
Declare a local state of emergency.
Issue directives as to travel restrictions on municipal roads.
Recommend appropriate protective measures to ensure the health and safety of people and
property.
Assistance to other agencies
Advise the County Emergency Management Coordinator of the situation and maintain liaison with
the County Emergency Management Program.
Establish communications with and provide support to the Incident Command Post (ICP).
Provide frequent staff briefings and ensure all groups function as planned.
Inform legislative body of measures taken.
Review and authorize the release of information to the public through the Public Information
Officer (PIO).
Logistics
Ensure all resources are made available for response.
Formulate specific assistance requests to adjacent jurisdictions and the county.
Activate MAA/MOUs and contracts with other jurisdictions and organizations.
Provide aid to other communities as provided for in MAA/MOUs.
Ensure staff maintains logs of actions taken and financial records.
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Figure 1. ICS Incident Management Structure
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DIRECTION, CONTROL, AND COORDINATION
The following agency is responsible for this annex:
AGENCY TITLE OF CONTACT
City of Muskegon Muskegon City Manager
The line of succession for the CEO for representing the Direction, Control, and Coordination function during a
response to an emergency or disaster situation is:
TITLE AGENCY
Mayor City of Muskegon
City Manager City of Muskegon
Director of Public Safety Muskegon Department of Public Safety
The line of succession for the Emergency Management Liaison for representing the Direction, Control, and
Coordination function during a response to an emergency or disaster situation is:
TITLE AGENCY
Director of Public Safety Muskegon Department of Public Safety
City Manager City of Muskegon
Director – Department of Public Works Muskegon Department of Public Works
The CEO and Emergency Management Liaison are responsible for reporting or delegating an individual from
their agency to report to the EOC during scheduled exercises or emergencies to coordinate and represent the
Direction, Control, and Coordination function.
SIGNATURE OF CHIEF EXECUTIVE OFFICIAL DATE
SIGNATURE OF EMERGENCY MANAGEMENT LIAISON DATE
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ANNEX B
COMMUNICATIONS AND WARNING
The Communications and Warning function is responsible for alerting and notification of key officials, receiving
and disseminating warning and critical emergency information to the public, and the establishment,
maintenance, and coordination of communication protocols and links between the EOC and other incident
facilities.
The Communications and Warning Official will maintain liaison and coordinate emergency management and
response activities with the Communications and Warning functions at the county level. This annex relates to
the following annex(es) in the Muskegon County EOP: Annex C – Communications
Responsible Agency: Muskegon County Central Dispatch
Communications and Warning Checklist
Report to the EOC, when activated, for scheduled exercises and disasters, or delegate another
representative from the agency to staff the EOC and implement the plan.
Communication links
Ensure lines of communication have been established between all agencies represented in the
local EOC, their department offices and their staff at the incident site. Available channels for
establishing communications includes radios, telephone and cellular phones.
Coordinate communications between municipal and county EOC. Available channels for
establishing communications include radios, telephone, and cellular phones.
Establish communications links with the adjacent communities and higher levels of government.
Coordinate warning frequencies and procedures with adjacent communities and other
government agencies.
Disaster warning and information
Activate public warning systems when instructed to do so by the CEO or Emergency
Management Liaison. Warning methods include door to door, First Call (Central Dispatch), Nixle
(MPD), and news media notifications.
Ensure that warning messages received through the Law Enforcement Information Network
(LEIN), National Warning System (NAWAS), Emergency Alert System (EAS), local weather
spotters, or other verifiable means are issued in a timely manner.
Determine which facilities are endangered by the incident and contact those facilities. Ensure
they are contacted when protective actions are rescinded.
Notify special locations (e.g., schools, hospitals, nursing homes, major industries, institutions,
and places of public assembly).
Ensure that public warning systems provide notification to residents with Access and Functional
Needs, such as the elderly, hearing impaired, non-English speakers, individuals with mobility
limitations, etc.
Official notification
Ensure that all necessary officials have been notified and/or updated about the incident.
Notify neighboring jurisdictions of impending hazard or hazardous situations when instructed to
do so by the Chief Executive Official or Emergency Management Liaison.
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COMMUNICATIONS AND WARNING
The following agency is responsible for this annex:
AGENCY NAME OF CONTACT
Muskegon County Central Dispatch Jason Wolford
The line of succession for representing the Communications and Warning function during a response to an
emergency or disaster situation is:
NAME OF CONTACT AGENCY
Jason Wolford Muskegon County Central Dispatch
Nick Martin Muskegon County Central Dispatch
Muskegon County Central Dispatch is responsible for reporting or delegating another individual from their
agency to report to the EOC during scheduled exercises or emergencies to coordinate and represent the
Communications and Warning function.
SIGNATURE OF COMMUNICATIONS AND WARNING OFFICIAL DATE
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ANNEX C
DAMAGE ASSESSMENT
The Damage Assessment (DA) function is concerned with the process of documenting damage from
emergencies in the community. Information gathered may be used to determine the extent of damage and
impact on the community resulting from an incident to justify future federal funding, declarations of emergency,
and disaster proclamations. An accurate damage assessment is a necessary part of the recovery phase and
determines qualification for state and federal disaster aid.
The Damage Assessment Official will maintain liaison and coordinate emergency management and response
activities with the DA function at the county level. This annex relates to the following annex(es) in the Muskegon
County EOP: ANNEX E - Damage Assessment.
Responsible Agency: Muskegon Department of Public Works (DPW)
Damage Assessment Checklist
Report to the EOC, when activated, for scheduled exercises and disasters, or delegate another
from the agency to staff the EOC and implement the plan.
Damage assessment
Maintain current list of DA field team members.
Maintain damage assessment field team supplies for contingency purposes, i.e., MSP/EMSHD
Pub 901 Michigan Damage Assessment Handbook, blank forms, flashlights, cameras, pencils,
paper, maps, etc.
Activate DA field teams.
Collect both public and private damage assessment information.
Record initial information on damages from first responders.
Augment DA field teams, as the situation dictates.
Dissemination of DA information
Provide an initial DA to EOC staff.
Provide and verify DA information to the CEO and, if necessary, assist in preparation of a local
state of emergency declaration.
Prominently display DA information in the EOC, including maps, situation updates and
assessment data.
Provide the PIO with current DA information for release to the public.
Provide DA data to the Emergency Management Liaison. The Emergency Management Liaison
will forward information to the County Emergency Management Program for submission in MI
CIMS.
Logistics
Maintain a status list of requested resources.
Compile and maintain a record of expenditures for personnel, equipment, supplies, etc.
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DAMAGE ASSESSMENT
The following agency is responsible for this annex:
AGENCY NAME OF CONTACT
Department of Public Works Dan VanderHeide
The line of succession for representing the DA function during a response to an emergency or disaster situation
is:
NAME AGENCY
Dan VanderHeide Muskegon Department of Public Works
Todd Myers Muskegon Department of Public Works
Kyle Karczewski Muskegon Parks and Recreation
The Department of Public Works is responsible for reporting or delegating another individual from their agency
to report to the EOC during scheduled exercises or emergencies to coordinate and represent the DA function.
SIGNATURE OF DAMAGE ASSESSMENT OFFICIAL DATE
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ANNEX D
FIRE SERVICES
The Fire Services function is concerned with detecting and suppressing wild land, rural, and urban fires
and any of these that result from, or occur coincidentally with, an incident response.
The Fire Services Official will maintain liaison and coordinate emergency management and response activities
with the Fire Services function at the county level. This annex relates to the following annex(es) in the
Muskegon County EOP: ANNEX G - Fire Services
Responsible Agency: Muskegon Fire Department
Fire Services Checklist
Report to the EOC, when activated, for scheduled exercises and disasters, or delegate another
representative from the agency to staff the EOC and implement the plan.
Response activities
Coordinate fire response and search and rescue activities with appropriate personnel at the
County Emergency Management Program, including assistance to regional special teams such
as Regional Response Teams, Michigan Urban Search and Rescue (MUSAR), bomb squads,
etc.
Respond to hazardous materials spills.
Coordinate with the County EMC and the State of Michigan in the decontamination of affected
citizens and emergency workers after exposure to CBRNE hazards.
Assist in searching for bombs and explosive devices in connection with terrorism or weapons of
mass destruction (WMD) events.
Assistance to other agencies
Advise EOC staff about fire and rescue activities.
Provide communications and other logistical supplies, as needed.
Assist with evacuations.
Assist in damage assessment operations.
Assist in warning the population. Loud speakers on fire vehicles or door-to-door warning may be
utilized.
Assist in salvage operations and debris clearance.
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FIRE SERVICES
The following agency is responsible for this annex:
AGENCY NAME OF CONTACT
Muskegon Public Safety Department Timothy Kozal
The line of succession for representing the Fire Services function during a response to an emergency or
disaster situation is:
NAME AGENCY
Timothy Kozal Muskegon Public Safety Department
Jay Paulson Muskegon Fire Department
Jim Diffell Muskegon Fire Department
The Fire Department is responsible for reporting or delegating another individual from their agency to report to
the EOC during scheduled exercises or emergencies to coordinate and represent the Fire Services Functions.
SIGNATURE OF FIRE SERVICES OFFICIAL DATE
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ANNEX E
MASS CARE, EMERGENCY ASSISTANCE, HOUSING, AND HUMAN SERVICES
This function is concerned with issues related to the provision of mass care, emergency assistance, housing,
and human services to disaster survivors, including those that require FNSS, throughout the prevention,
preparedness, mitigation, response, and recovery phases of disasters and emergencies.
The Mass Care, Emergency Assistance, Housing, and Human Services Official will maintain liaison and
coordinate emergency management and response activities with the Mass Care functions at the county level.
This annex relates to the following annex(es) in the Muskegon County EOP: ANNEX K - Human Services.
Responsible Agency: Planning Department
Mass Care, Emergency Assistance, Housing, and Human Services Checklist
Report to the EOC, when activated, for scheduled exercises and disasters, or delegate another
representative from the agency to staff the EOC and implement the plan.
Disaster-related needs
Coordinate activities of municipal departments that provide mass care and human services.
Coordinate with the County Emergency Management Program, the American Red Cross (ARC)
and other agencies to distribute food, water, and clothing, and meet other basic needs of
disaster survivors and emergency responders.
Coordinate to provide transportation for disaster survivors and emergency responders.
Arrange for the provision of crisis counseling to disaster survivors and emergency responders.
Coordinate procedures for the tracking of family members and reunification of families.
Identify and account for personal property that may be lost during a disaster.
Coordinate with the County EOC to establish procedures for the registration and management
of volunteers and donations.
Coordinate with agencies in the community that work with individuals with access and functional
needs to ensure disaster related needs are met.
Protective action
Coordinate the provision of transportation for evacuation.
Provide staff and resources to manage open shelters.
Coordinate care for individuals at shelters and for those who have been sheltered-in-place.
Determine whether shelters must be opened long or short-term.
Provide guidance/policies for the care of household pets that are brought to shelters by
evacuees (only service animals are allowed into ARC shelters).
Pre-identified shelter locations include:
Muskegon Community College, 221 Quarterline Rd, Musekgon, MI 49442, (231) 773-9131
Muskegon Area Career Tech Center, 200 Harvey St., Muskegon, MI 49442, (231) 767-3600
Muskegon High School, 80 W. Southern Ave., Muskegon, MI 49441, (231) 720-2800
Muskegon Heights High School, 2441 Sanford St., Muskegon Heights, MI 49444, (231) 830-3700
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MASS CARE, EMERGENCY ASSISTANCE, HOUSING, AND HUMAN SERVICES
The following agency is responsible for this annex:
AGENCY NAME OF CONTACT
Muskegon Department of Public Works Dan VanderHeide
The line of succession for representing the Mass Care, Emergency Assistance, Housing, and Human Services
function during a response to an emergency or disaster situation is:
NAME AGENCY
Dan VanderHeide City of Muskegon
The Muskegon Planning Department is responsible for reporting or delegating another individual from their
agency to report to the EOC during scheduled exercises or emergencies to coordinate and represent the Mass
Care, Emergency Assistance, Housing, and Human Services function.
SIGNATURE OF MASS CARE, EMERGENCY ASSISTANCE, HOUSING,
DATE
AND HUMAN SERVICES OFFICIAL
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ANNEX F
PUBLIC HEALTH AND MEDICAL SERVICES
The Public Health and Medical Services function is responsible for assessing public health and medical needs,
health surveillance, and provision of medical care personnel, supplies and equipment.
The Public Health and Medical Services Official will maintain liaison and coordinate emergency management
and response activities with the Public Health and Medical Services function at the county level. This annex
relates to the following annex(es) in the Muskegon County EOP: ANNEX J – Public Health
Responsible Agency: Trinity Health EMS
Public Health and Medical Services Checklist
Report to the EOC, when activated, for scheduled exercises and disasters, or delegate another
representative from the agency to staff the EOC and implement the plan.
Patient care
Coordinate with medical providers and shelter managers to staff medical personnel at shelters.
Identify the transportation resources and personnel needs to transport disaster survivors to
temporary care centers.
Provide transportation of patients and assist hospitals with transfer of patients.
Ensure identification and notification of disaster survivors and emergency responders in need of
crisis counseling and/or debriefing.
Coordinate the monitoring of disaster survivors and emergency responders for exposure to
chemical, radiological, or biological contaminants, and assist in their decontamination.
Public health
If necessary, identify a site for a temporary morgue. NOTE: The medical examiner is responsible
for identifying the deceased. Law enforcement and EMS may provide additional support in
collecting and transporting.
Assist with animal and pet control and support the county Animal Control Unit in the quarantine
and disposal of diseased animals.
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PUBLIC HEALTH AND MEDICAL SERVICES
The following agency is responsible for this annex:
AGENCY NAME OF CONTACT
Trinity Health EMS Chad Crook
The line of succession for representing the Public Health and Medical Services function during a response to an
emergency or disaster situation is:
NAME AGENCY
Chad Crook Trinity Health EMS
Dan Young Trinity Health EMS
Pro-Med is responsible for reporting or delegating another individual from their agency to report to the EOC
during scheduled exercises or emergencies to coordinate and represent the Public Health and Medical Services
function.
SIGNATURE OF HEALTH AND MEDICAL OFFICIAL DATE
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ANNEX G
PUBLIC INFORMATION
The Public Information function ensures accurate, coordinated, timely, and accessible information is
disseminated to governments, media, the general public, and the private sector throughout the prevention,
preparedness, mitigation, response, and recovery phases of disasters and emergencies.
The Public Information Official will maintain liaison and coordinate emergency management and response
activities with the Public Information function at the county level. This annex relates to the following annex(es) in
the Muskegon County EOP: ANNEX D – Public Information
Responsible Agency: City Manager’s Office
Public Information Checklist
Report to the EOC, when activated, for scheduled exercises and disasters, or delegate another
from the agency to staff the EOC and implement the plan.
Pre-disaster public education
Assist the Emergency Management Liaison in developing educational materials on the hazards
facing the community and explaining what people can do to protect themselves to recover from
incidents.
Ensure that written materials are developed for non-English speaking individuals or others who
require FNSS.
Disaster warning and information
Develop and release updated EAS messages based on incoming information.
Document which EAS messages have been delivered over radio and television.
Ensure that accurate information is disseminated describing such items as the locations of
shelters, missing persons information hotline, volunteer hotline, rumor control hotline, etc.
Distribute prepared public educational materials.
Media coordination
Establish and maintain contact with the EOC and/or the ICP.
Prepare press releases and ensure that all press releases and official information is reviewed by
the City Manager, Mayor, and the Muskegon County Emergency Manager if activated.
Verify that information is accurate before releasing it to the media.
Schedule media briefings.
Establish a Public Information Center as the central point from which municipal news releases
are issued at Muskegon City Hall, 933 Terrace Street.
Assist the county in establishing a Joint Information Center (JIC; the JIC can be used by agency
representatives for releasing information to the news media).
Coordinate public information activities with the County PIO and the JIC.
Schedule interviews between the CEO and media agencies.
Monitor all forms of media, both traditional and social, for rumors, and address rumors as soon
as possible
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PUBLIC INFORMATION
The following agency is responsible for this annex:
AGENCY NAME OF CONTACT
City Manager’s Office Jonathan Seyferth
The line of succession for representing the Public Information function during a response to an emergency or
disaster situation is:
NAME AGENCY
Jonathan Seyferth City Manager’s Office
Timothy Kozal Muskegon Public Safety Department
Ken Johnson Mayor – Muskegon City Commission
The City Manager’s Office is responsible for reporting or delegating another individual from their agency to
report to the EOC during scheduled exercises or emergencies to coordinate and represent the Public
Information function.
SIGNATURE OF PUBLIC INFORMATION OFFICIAL DATE
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ANNEX H
PUBLIC SAFETY
The Public Safety function is concerned to ensuring the safety of all citizens, maintaining law and order,
protecting public and private property and providing protection for essential industries, supplies and facilities.
The Public Safety Official will maintain liaison and coordinate emergency management and response activities
with the Public Safety function at the county level. This annex relates to the following annex(es) in the
Muskegon County EOP: ANNEX F - Law Enforcement.
Responsible Agency: Muskegon Police Department
Public Safety Checklist
Report to the EOC, when activated, for scheduled exercises and disasters, or delegate another
from the agency to staff the EOC and implement the plan.
Response activities
Provide security and access control at critical facilities and incident sites.
Implement any curfews ordered by the governor or CEO.
Enforce evacuation orders and assist in evacuations.
Ensure prisons and jails are notified of potential threat and determine whether proper safety and
security precautions are being taken.
Implement urban search and rescue capabilities, including animals.
Investigate incident and provide intelligence information to county, state and federal officials.
Transportation
Secure unusable roads. (Use Fire Services and Public Works for support, if necessary).
Identify routes that need barricades and signs. Request necessary assistance from Public
Works.
Ensure vehicles on evacuation routes are removed. If necessary, request that Public Works
agencies move vehicles off the road. Maintain record of where vehicles are being taken.
Coordinate with the Road Commission or Public Works in rerouting traffic and putting the
appropriate signs in place.
Assistance to other agencies
Assist Warning function in warning the public, when necessary.
Assist the medical examiner with mortuary services.
Assist families isolated by the effects of the disaster.
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PUBLIC SAFETY
The following agencies are responsible for this annex:
AGENCY NAME OF CONTACT
Muskegon Department of Public Safety Timothy Kozal
The line of succession for representing the Public Safety function during a response to an emergency or
disaster situation is:
NAME AGENCY
Timothy Kozal Muskegon Department of Public Safety
Andrew Rush Muskegon Police Department
Tim Bahorski Muskegon Police Department
The Muskegon Police Department is responsible for reporting or delegating another individual from their agency
to report to the EOC during scheduled exercises or emergencies to coordinate and represent the Public Safety
function.
SIGNATURE OF PUBLIC SAFETY OFFICIAL DATE
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ANNEX I
PUBLIC WORKS
The Public Works function is responsible for conducting pre- and post-incident assessments,
ensuring critical services are met through existing contracts, providing technical assistance and
engineering expertise and construction management, providing emergency repair of damaged
public infrastructure and critical facilities, and the clearing of debris from public roads.
The Public Works Official will maintain liaison and coordinate emergency management and response
activities with the Public Works function at the county level. This annex relates to the following annex(es)
in the Muskegon County EOP: ANNEX H – Public Works.
Responsible Agency: Department of Public Works (DPW)
Public Works Checklist
Report to the EOC, when activated, for scheduled exercises and disasters, or delegate another
from the agency to staff the EOC and implement the plan
Response activities
Coordinate debris removal activities.
Coordinate activities designed to control the flow of floodwater.
Damage assessment
Provide engineering expertise to inspect public structures and determine if they are safe to use.
Provide DA information for roads, bridges, buildings, infrastructure, etc. to DA function.
Transportation
Provide barricades and signs for road closures and boundary identification (to include activating
MAA/MOUs if additional barricades are needed).
Provide technical expertise in road weight limits, road capacity, etc., to determine whether
evacuation routes are adequate for traffic flow.
Notify law enforcement of the location(s) of disabled vehicles.
Contact appropriate Michigan Department of Transportation (MDOT) and county transportation
officials to request travel restrictions on state and county roads, if necessary.
Assistance to other agencies
Assist in identifying access control areas.
Assist with urban search and rescue activities, if necessary.
Maintain contact with local utilities to determine the extent and cause of damage and outages.
Report this information and restoration schedules to EOC staff.
Coordinate with utility companies in the restoration of essential services.
Logistics
Provide vehicles and personnel to transport essential goods, such as food and medical
supplies, when directed by the EOC staff.
In conjunction with public health, help identify sources of potable water.
Assist in identifying and obtaining the appropriate construction equipment to support disaster
response and recovery operations.
Provide emergency generators and lighting.
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PUBLIC WORKS
The following agencies are responsible for this annex:
AGENCY NAME OF CONTACT
Muskegon DPW Dan VanderHeide
The line of succession for representing the Public Works function during a response to an emergency or
disaster situation is:
NAME AGENCY
Dan VanderHeide Muskegon DPW
Todd Myers Muskegon DPW
Kyle Karczewski Muskegon Parks and Recreation
The Department of Public Works is responsible for reporting or delegating another individual from their
agency to report to the EOC during scheduled exercises or emergencies to coordinate and represent the
Public Works function.
SIGNATURE OF PUBLIC WORKS OFFICIAL DATE
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 11, 2023 Title: Sale of 740 Leonard
Avenue
Submitted By: LeighAnn Mikesell Department: City Manager
Brief Summary: Staff is requesting approval of a purchase agreement for 740 Leonard Avenue.
Detailed Summary & Background:
740 Leonard Avenue was constructed through the agreement with Rudy Briggs to construct infill
housing with ARPA funding. The offer is for full asking price with no seller concessions. Please
note that the offer is contingent on the sale of the buyer’s current residence. 740 Leonard will
remain on the market until the contingency is removed.
Goal/Focus Area/Action Item Addressed:
Create an environment that effectively attracts new residents and retains existing residents by
filling existing employment gaps, attracting new and diverse businesses to the city, and expanding
access to a variety of high-quality housing options in Muskegon. Diverse housing types
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: to approve the purchase agreement for 740 Leonard Avenue.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology
Other Division Heads Communication Yes
Legal Review No
For City Clerk Use Only:
Commission Action:
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WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
#
DATE: 03/22/2023 , 2PM (time) MLS # 71023000698
SELLING OFFICE: pinnacle realty west BROKER LIC.#: REALTOR® PHONE: 231-720-8583
LISTING OFFICE: TLK Real Estate Inc. REALTOR® PHONE:
1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any
counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days"
in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference
to "time" refers to local time.
2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding
Real Estate Agency Relationships. The selling licensee is acting as (choose one):
Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller)
Transaction Coordinator
Primary Selling Agent Name: PRINCESS MURRAY Email: Michiganhomesbyprincess@gm Lic.#: 6501445445
Alternate Selling Agent Name: Email: Lic.#:
3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
Buyer has received the Seller’s Disclosure Statement, dated . Seller certifies to Buyer that the Property
is currently in the same condition as Seller previously disclosed in that statement. Seller agrees to inform Buyer in writing of any
changes in the content of the disclosure statement.
Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
registered mail. Exceptions:
Seller is exempt from the requirements of the Seller Disclosure Act.
4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
and will be an integral part of this Agreement.
5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon ,
County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
740 Leonard Ave Muskegon, MI 49442
with the following legal description and tax parcel ID numbers:
CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 LOTS 4-5-6 & W 4 FT LOT 7 BLK 3
PP# 24405003000700 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) all division(s) under Section 108(2), (3), and
(4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays
with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the
number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale
will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or
before , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ 220,000
two hundred twenty thousand U.S. Dollars
7. Seller Concessions, if any: n/a
8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.)
SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below
are currently available to Buyer in cash or an equally liquid equivalent.
If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within
three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall
receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price.
CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent
verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or
Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement
at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be
arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement.
NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to
obtain a coventional type 30 (year) mortgage in the amount of 97 % of the Purchase Price
bearing interest at a rate not to exceed 7 % per annum (rate at time of loan application), on or before the date the sale is
to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
process the application, within days after the Effective Date, not to impair Buyers’ credit after the date such loan if
offered. Seller Buyer will agree to pay an amount not to exceed $ 50 representing repairs required as a
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Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
Exceptions:
SELLER FINANCING (choose one of the following): CONTRACT or PURCHASE MONEY MORTGAGE
In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
within 48 hours. Seller is advised to seek professional advice regarding the credit report.
$ upon execution and delivery of a
form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
will be payable in monthly installments of $ or more including interest at % per annum,
interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and
paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:
EQUITY (choose one of the following): Formal Assumption or Informal Assumption
Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest
in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above
provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer
agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
(10) days after the Effective Date of this Agreement. Exceptions:
OTHER:
9. Contingencies: Buyer’s obligation to consummate this transaction (choose one):
IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:
A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
Money Deposit.
IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
of a sale or exchange of Buyer’s property located at 700 glenwood ave Muskegon Mi 49445
on or before 06/05/2023 . Seller will have the right to continue to
market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:
10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
home appliances includes range, refrigerator, microwave
but does not include:
CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 LOTS 4-5-6 & W 4 FT LOT 7 BLK 3
740 Leonard Ave, Muskegon, MI 49442 03/22/2023 2pm
Subject Property Address/Description Date Time
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
12. Assessments (choose one):
If the Property is subject to any assessments,
Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
of any installment arrangements), except for any fees that are required to connect to public utilities.
Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
and pay all other installments of such assessments.
13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all
taxes billed after those addressed below.
Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
property is transferred.
No proration. (Choose one):
Buyer Seller will pay taxes billed summer (year);
Buyer Seller will pay taxes billed winter (year);
Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
and prorated to the date of closing with Seller paying for January 1 through the day before closing.
Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears.
Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:
14. Well/Septic: Within ten (10) days after the Effective Date, (choose one) Seller or Buyer will arrange for, at their own expense,
an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and
septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or
other local governmental authority, if applicable) protocol.
If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-
is. Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
Buyer will proceed to closing according to the terms and conditions of this Agreement.
Other:
15. Inspections & Investigations:
Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
Buyer’s responsibility and expense.
Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances
and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the
Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone.
All inspections and investigations will be completed within 10
____ days after the Effective Date. If the results of Buyer’s inspections and
investigations are not acceptable to Buyer, Buyer may, within the above referenced period, by written notice to Seller, either terminate
this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those
unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 LOTS 4-5-6 & W 4 FT LOT 7 BLK 3
740 Leonard Ave, Muskegon, MI 49442 03/22/2023 2pm
Subject Property Address/Description Date Time
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deemed to have accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal
or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s
receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a
refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will
be deemed to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this
Agreement.
Buyer has waived all rights under this Inspections & Investigations paragraph.
Exceptions:
16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector
ordinances, if applicable.
17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and
other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage
ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at
Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status
report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is
not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided.
If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller,
either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s
proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days
after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and
shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day
period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions
of this Agreement. Exceptions:
18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property
and the location of improvements thereon.
Buyer or Seller (choose one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron
corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of
the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which
would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may,
within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money
Deposit.
No survey. Buyer has waived all rights under this paragraph.
When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements
thereon. Exceptions:
19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide
additional protection and benefit to the parties. Exceptions:
n/a
20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien
assumed by Buyer; will all be adjusted to the date of closing. For the purposes of calculating prorations, it is presumed that Seller
owns the Property through the day before closing.
21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than
06/01/2023 . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of
title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During
this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been
prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller
will pay the entire closing fee. Exceptions:
22. Pre-Closing Walk-Through: Buyer (choose one) reserves waives the right to conduct a final walk-through of the
Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in
a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included
personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s
requested corrective action.
23. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be
delivered to Buyer, subject to rights of present tenants, if any.
At the completion of the closing of the sale.
At a.m. p.m. on the day after completion of the closing of the sale, during which time Seller
CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 LOTS 4-5-6 & W 4 FT LOT 7 BLK 3
740 Leonard Ave, Muskegon, MI 49442 03/22/2023 2pm
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
JS Buyer’s Initials LM Seller’s Initials
Revision Date 8/2022 03/22/23 03/27/23
3:29 PM EDT 12:31 PM EDT
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will have the privilege to occupy the Property and hereby agrees to pay Buyer $ n/a as an occupancy
fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds.
If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as
liquidated damages $ 50 per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller
from the Property.
If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and
mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any
portion of the Property will be Seller’s responsibility and expense.
On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all
personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on
all utilities, and shall deliver all keys to Buyer. Exceptions:
24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 5pm (time) on
03/24/2023 (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by
Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ 2,500
shall be submitted to ATA TITLE (insert name of broker, title
company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest
Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this
Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller
waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other
than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement
and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding
the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If
Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed
to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be
negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller.
In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as
determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation,
and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action
instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement
conflict with this paragraph, then the terms and conditions of the escrow agreement shall control.
25. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional
advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the
legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to
Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the
sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement
made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale
transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement
separately signed by Seller.
26. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect
to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing
Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business.
27. Other Provisions:
28. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no
oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed
by Buyer and Seller and attached to this Agreement.
29. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any
amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence
of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal
equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s)
required or permitted under this Agreement may also be transmitted by facsimile or other electronic means.
30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 LOTS 4-5-6 & W 4 FT LOT 7 BLK 3
740 Leonard Ave, Muskegon, MI 49442 03/22/2023 2pm
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
JS Buyer’s Initials LM Seller’s Initials
Revision Date 8/2022 03/22/23 03/27/23
3:29 PM EDT 12:31 PM EDT
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communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
to steal funds or use your identity.
31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
Jacqueline Sauser
dotloop verified
Buyer 1 Address X 03/22/23 3:29 PM EDT
SF7N-HSJO-KFFJ-6VVD Buyer
Buyer 1 Phone: (Res.) 231-286-5145 (Bus.) Jacqueline Sauser
Print name as you want it to appear on documents.
Buyer 2 Address X Buyer
Buyer 2 Phone: (Res.) (Bus.)
Print name as you want it to appear on documents.
32. Seller’s Response: The above offer is approved: As written. As written except:
Interest to be conveyed by a Quit Claim Deed or Covenant Deed
Counteroffer, if any, expires 03/23/2023 , at 5pm (time). Seller has the right to withdraw this
counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance.
33. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as
disclosed in the Seller’s Disclosure Statement dated (choose one): Yes No. Seller agrees to inform
Buyer in writing of any changes in the content of the disclosure statement prior to closing.
34. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not
relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by
the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
is available from the respective agents via the West Michigan REALTOR® Boards.
35. Listing Office Address: 2340 Glade Street, Muskegon Heights, MI 49444 Listing Broker License # 6505432389
Listing Agent Name: Terri Kitchen Listing Agent License # 6504312334
36. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s
response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required
below.
X (Seller’s Signature, Date, Time): LeighAnn Mikesell
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T0RL-FKEI-ERA1-QW2B
City of Muskegon Is Seller a U.S. Citizen or Resident Alien? Yes No*
Print name as you want it to appear on documents.
X (Seller’s Signature, Date, Time):
Is Seller a U.S. Citizen or Resident Alien? Yes No*
Print name as you want it to appear on documents.
Seller’s Address: Seller’s Phone (Res.) (Bus)
* If Seller(s) is not a U.S. Citizen or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice.
37. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response
constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged.
Jacqueline Sauser
dotloop verified
X (Buyer’s Signature, Date, Time): 03/22/23 3:29 PM EDT
S0MB-HFFC-CMH9-U5B5
X (Buyer’s Signature, Date, Time):
38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
LeighAnn Mikesell
dotloop verified
X (Seller’s Signature, Date, Time): 03/27/23 12:31 PM EDT
IQOV-XFTZ-ACDD-DEK6
X (Seller’s Signature, Date, Time):
CITY OF MUSKEGON GUNNS SUB DIV OF PART OF BLK 2 LOTS 4-5-6 & W 4 FT LOT 7 BLK 3
740 Leonard Ave, Muskegon, MI 49442 03/22/2023 2pm
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 8/2022 JS Buyer’s Initials LM Seller’s Initials
03/22/23 03/27/23
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 11, 2023 Title: Non-union Insurance
Premiums
Submitted By: Jonathan Seyferth Department: City Manager
Brief Summary:
Traditionally (and per all 5 union contracts) employees paid 10% of their health benefits (after 2017
this included three components Health Insurance, Co-insurance and Deductibles). At some point
an error in the calculation occurred and employees began paying more than 10%. The unions
brought this to our attention in early 2023 and the insurance contributions have been corrected for
the unions (as it’s a negotiated benefit we cannot divert from this percent). Now the Commission
needs to decide how to handle non-union employees’ contributions which traditionally have been
the same as union employees.
Detailed Summary & Background:
Starting in 2017 the City began using three different factors to determine employee contributions to
their insurance premiums (a percent of actual monthly premiums and a percent of City Paid
Benefits (co-insurance & deductibles)). Prior to 2017 just insurance premiums were used as a
factor. This change was made because of cost increases in co-insurance and deductibles.
Sometime after 2017 a calculation error occurred and employee’s contributions increased above
the 10% level. Technically, this is ok for non-union employees as the Commission can set the non-
union insurance contributions at any rate it desires. However, traditionally, the insurance
contributions have been the same across all employee classes. Staff is recommending that non-
union employees be brought into line with union employees and contribute 10% toward the total
cost of their health insurance (including co-insurance & deductibles). For the balance of the current
plan year, this will cost the City about an additional $12,000 in health benefit costs (this is union
and non-union employees). For future years, we’ll budget correctly for the adjustment.
Another consideration this brings up, does the City refund to non-union employees’ overpayments
of health insurance contributions for the same time period as we were required to do for union
employees? (Going back to Jan. 1, 2020.) We do not have an exact number on what this
overpayment back to employees would be, but in general would be at most $3,100 for the three
years of overpayments per employee. This would be for a family plan; single and double refunds
would be less. The reason we don’t have a hard number on this is because the finance department
has to go employee by employee to calculate the individual overpayments.
Goal/Focus Area/Action Item Addressed:
Goal 3, Community connection – create an environment of mutual respect and trust between local
government and…workers.
Amount Requested: TBD Amount Budgeted: $0
Packet Page 167
Fund(s) or Account(s): Various Fund(s) or Account(s): Various
Recommended Motion: To change non-union staff contributions for insurance to 10% inclusive of
actual health care premiums and City Paid Benefits of co-insurance and deductibles.
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
Packet Page 168
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date:April 11, 2023 Title:Climate Action
Submitted By: Jonathan Seyferth Department: City Manager
Brief Summary:
A Climate Action resolution to drive City policy on this topic
Detailed Summary & Background:
Earlier this year the Commission asked staff to draft a Climate Action resolution that would direct
City staff and departments regarding climate change. This resolution sets out broad guidelines for
staff to operate under to impact the City’s (municipal corporation’s) carbon footprint with the
objective of becoming carbon neutral by 2040.
Goal/Focus Area/Action Item Addressed:
Goal 1, Destination Community & Quality of Life; Goal 4, Financial Infrastructure, Action Item 4.5
Investigate options to improve environmental sustainability for projects within the City
Amount Requested: non at this time, future Amount Budgeted: n/a
requests will be worked into FY2023-24’s
budget
Fund(s) or Account(s): various Fund(s) or Account(s): various
Recommended Motion:
I motion to approve the City of Muskegon’s Climate Action Resolution with the objective of
measuring and reducing the City’s carbon footprint and authorize the Mayor and Clerk to sign.
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
Packet Page 169
CITY OF MUSKEGON, MICHIGAN
A RESOLUTION DECLARING THE CITY OF MUSKEGON’S COMMITMENT TO CLIMATE ACTION
INITATIVES TO COMBAT THE IMPACT OF CLIMATE CHANGE ON OUR COMMUNITY AND PLANET
2023-XX
WHEREAS, the City of Muskegon recognizes that Climate Change is negatively impacting daily life of our residents,
businesses, visitors, and the natural environment, and
WHEREAS, the impacts of Climate Change have a negative economic impact on the community and its residents,
and
WHEREAS, the impacts of Climate Change have an outsized impact on members of the community who are least
able to cope with Climate Change, and
WHEREAS, Climate Change is impacted by humanmade factors, and
WHEREAS, the City of Muskegon is committed to reducing its carbon footprint through deliberative budget, policy,
and administrative actions
NOW, THEREFORE BE IT RESOLVED, that the City of Muskegon Commission declares that the human caused
climate change emergency physically and economically threatens all of humanity and the natural world, and
BE IT FURTHER RESOVLED, that the City Commission directs the City Manager and all entities of the City to
actively participate in Climate Action Planning, and
BE IT FURTHER RESOVLED, that the City Commission directs an organizational wide carbon impact audit be
delivered to the Commission by December 2023 which will be used to set target reductions with the goal of eliminating
the organization’s greenhouse gas emissions by 2040, and
BE IT FURTHER RESOVLED, that starting with the Fiscal Year 2023-24 budget, climate action will be a fiscal
consideration, and
BE IT FURTHER RESOLVED, that the City will engage its residents, visitors, and businesses on the climate
emergency so their impute informs the creation of the City’s long-term Climate Action Plan.
Yeas:
Nays:
I certify that the above Resolution was adopted by the City Commission of the City of Muskegon on
April XX, 2023.
BY:
Kenneth D. Johnson, Mayor Ann Meisch, Clerk
______________________________ _____________________________
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date:April 11, 2023 Title:Amendment to the
zoning ordinance, carriage
house requirements
Submitted By: Mike Franzak Department: Planning
Brief Summary:
Staff initiated request to amend the form-based code section of the zoning ordinance to allow
carriage houses with only a one-story minimum requirement and only a 20-foot depth requirement.
Detailed Summary & Background:
Carriage houses are currently required to be two stories and have a minimum depth of 30 feet.
The Planning Commission recommended approval of the amendments by a 6-1 vote at their March
16 meeting.
Goal/Focus Area/Action Item Addressed:
Economic Development, Housing and Business/ Diverse Housing Types/Increase Variety of
Housing Types
Amount Requested: Amount Budgeted:
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
To approve the requested amendments to allow carriage houses with only a one-story minimum
requirement and only a 20-foot depth requirement.
Approvals: Get approval from division head at a minimum prior Guest(s) Invited / Presenting
to sending to the Clerk.
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
Legal Review
For City Clerk Use Only:
Commission Action:
Packet Page 171
Planning Commission Packet Excerpt:
March 16, 2023
Hearing, Case 2023-07: Staff initiated request to amend the form-based code section of the zoning ordinance
to allow carriage houses with only a one-story minimum requirement and only a 20-foot depth requirement.
SUMMARY
1. A carriage house is an accessory structure that provides either a small residential unit or home office
space behind the principal structure.
2. Carriage houses are allowed in Form Based Code, Urban Residential zones, but they are required to
be at least two stories.
3. They are considered accessory structures and are only allowed on properties that have an existing
house. Properties are only allowed to have one accessory structure, so a detached garage and a
separate carriage house would not be allowed. You are allowed to have a carriage house unit above a
detached garage.
4. The proposed amendment would allow carriage houses that are only one story tall, but still allowing
for a two story maximum. It would essentially allow carriage houses without a garage beneath them.
It would not allow for a separate carriage house and a detached garage.
5. Most existing garages in the City are only one story tall. The amendment would allow the conversion
of these garages to carriage houses, as long as they meet all other zoning requirements.
6. The house and carriage house may not cover more than 50% of the property.
7. A carriage house may not have a larger footprint than the house.
8. The minimum size required for a carriage house is 375 sf.
9. The ordinance currently states that a carriage house cant exceed 36 feet in width and must be a
minimum of 30 feet deep. Staff is also proposing to amend the minimum depth requirement to 20
feet. The current depth requirement is too large for someone that wants a small sized carriage house.
Existing Conforming Carriage Houses
Existing Legally, Non-Conforming Carriage Houses
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Existing Ordinance
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Proposed Amendment
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Existing Ordinance
Proposed Amendment
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CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend the form based code section of the zoning ordinance to allow carriage houses
with only a one-story minimum requirement and only a 20-foot depth requirement
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Carriages houses shall be a minimum of one story and a maximum of two stories.
Carriage houses shall have a minimum depth of at least 20 feet.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
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CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 11th day of April 2023, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2022. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
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CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on April 11, 2023, the City Commission of the City of Muskegon adopted an
ordinance to allow carriage houses with only a one-story minimum requirement and only a 20-foot depth
requirement.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk
in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2023. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
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