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City of Muskegon
City Commission Meeting
Agenda
May 9, 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
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be able to call and give comment. For a public meeting that is not live-streamed, and which a citizen would like
to watch and give comment, they must contact the City Clerk’s Office with at least a two-business day notice.
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 Muskegon Lighthouses Ownership - Development Services 16
7.c Sale of 909 Washington Avenue - Planning 57
7.d Gaming Resolution - City Clerk 66
7.e Electric Demand Response Agreements - DPW 67
7.f New Year's Eve Ball Drop - DPW 116
7.g Police Vehicle Purchase - DPW 131
7.h ARPA Community Grant Review Committee-Manager's Office 132
7.i Social District Permit Recommendation - Rake Beer Project, LLC - City Manager 134
7.j Community Relations Committee Recommendations - City Clerk 138
7.k Community Relations Committee Recommendation for Ordinance - City Clerk 139
8. Public Hearings
9. Unfinished Business
10. New Business
11. Any Other Business
12. Public Comment on Non-Agenda items
13. Closed Session
14. Adjournment
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date:May 9, 2023 Title:Approval of Minutes
Submitted By: Ann Marie Meisch, MMC – City Clerk Department: City Clerk
Brief Summary:
Approve the Minutes of the April 10, 2023 Worksession and the April 11, 2023 Regular Meeting
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Amount Requested: n/a Amount Budgeted: n/a
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:
City of Muskegon
Work Session
Minutes
April 10, 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
Commissioner Michael Ramsey
Commissioner Teresa Emory
Absent: Vice Mayor Willie German, Jr.
Staff Present: City Manager Jonathan Seyferth
City Clerk Ann Meisch
Deputy City Clerk Kimberly Young
1. Call to Order
Mayor Johnson called the worksession meeting to order at 5:30 p.m.
2. New Business
2.a Animal Ordinance, Chickens - Planning
Staff will be presenting on how other municipalities regulate the keeping of
chickens. Many municipalities that allow chickens have a limit of four. Some
municipalities require a permitting process while others do not. Some that
require permits also require approval from neighbors.
The Planning Department reviewed ordinances from other cities with regard to
the ability to keep chickens in the city and presented it to the Commission.
Discussion took place regarding revision to our current ordinance, which only
allows one chicken. Commissioners have received positive feedback from the
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public when posting on their personal Facebook page about this topic. There is
consensus to not allow roosters. It seems that somewhere between four and six
chickens is the appropriate amount. Neighbors don't need to be asked for
permission but should be notified. There will be a permit process. After the first
year, they may be able to receive a permit for a longer period. There would be a
need to reduce the minimum lot size as there are some lots in the city that are
only 3,000 or 4,000 square feet. The City of Grand Rapids has an ordinance that
looks like a good place to start. Planning staff will use this feedback to create a
revision to our ordinance and present it at a future meeting for consideration.
2.b Muskegon Social Equity Program – Education Funds - Planning
A representative from “Mediation & Restorative Services” will be presenting
their proposal to provide education and harm reduction services.
The MSEP fund allocated $13,720 towards education and harm reduction in
2021 and the funds were spent on billboard advertisements and marihuana lock
bags.
The MSEP fund allocated $47,420 towards education and harm reduction in
2022 but the funds have not been spent yet. After discussions at the December
2022 work session, staff reached out to some agencies that could potentially
assist in education and harm reduction programs and was impressed with the
potential services that Mediation & Restorative Services could provide.
Mike Franzak, Planning Manager, spoke briefly about Mediation and Restorative
Services, the organization has provided community conflict resolution services
for 29 years and restorative justice services for 21 years. The funding would be
used to provide community prevention and education services as well as family
and youth directed services. Jackie Hallberg, Executive Director of Mediation and
Restorative Services, and Sara DelaRosa, Program Manager of Exit Program -
which is a prison re-entry program, spoke more about how their organization
can work with and for the city to provide education and harm reduction services
relative to marihuana.
2.c Marihuana Excise Tax - Planning
Staff would like to have a discussion on how to allocate this year’s marihuana
excise tax revenue as it pertains to the Muskegon Social Equity Program.
Discussion took place regarding the best allocation of the dollars received from
the marihuana excise tax. Part of the discussion was about the potential of
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having a single point of contact at the City for all things related to marihuana and
marihuana businesses. It was suggested that there could be someone that
manages the social equity programs, works with marihuana businesses, and
participates in other marihuana related activities. The Planning Manager will
take this into consideration and see what the dedicated staff in other cities are
responsible for.
There was discussion about allocating a percentage of the tax to other budget
funds. Some could go to Parks & Rec, Street Fund, Public Safety, etc. Perhaps the
percentage of the tax that is allocated can be redistributed. Staff will work on the
budget regarding these funds and have some proposals for Commission
consideration.
2.d MSEP – Expungement Clinics - Planning
Staff has received three proposals in response to the RFP for expungement clinic
services.
Each of three vendors presented an overview of their proposal to provide
Expungement Clinics for the city in response to an RFP. Discussion took place
about which vendor or vendors to use for expungement clinics. In essence,
Commissioners support the proposal from GUNNS for three clinics, would like to
contribute to/partially fund the clinic for Stash Ventures, and would like to see
more sponsors and revised budget from Cannas Capital and potentially
contribute to/partially fund a clinic for this vendor. The Planning Department will
formalize this for a future meeting for the Commission to vote on.
2.e ARPA Community Grant Program Update - Manager's Office
Staff update on the City’s ARPA Community Grant Program as well as the
creation of the Grant Review Committee.
On February 14th, the City Commission authorized the dedication of $1.6M from
the City’s remaining allocation of American Rescue Plan Act (ARPA) federal
stimulus funds for the creation of a city-sponsored ARPA Community Grant
program. https://muskegon-mi.gov/cresources/ARP-001-Grant-Application-
Program-Guidelines.2.16.pdf
An ARPA Community Grant Review Committee is to be established to review
eligible applications and submit recommendations to the Commission. The
Commission will review and make funding decisions at a Regular Committee
Meeting.
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The Review Committee is comprised of (6) members: one representative from
each of the (4) City Commission Wards, the City Manager and the Director of the
Community and Neighborhood Services Department. Two representative(s) from
local Community Based Organizations will also be included to act in an advisory
role only which will include the United Way of the Lakeshore and Community
Foundation for Muskegon County.
Pete Wills, Strategic Initiative Director, provided an update on ARPA Allocations.
60 applications were received for a total ask of 7.9 million dollars of the 1.6
million dollar allocation. 31 applications were from non profit organizations. Four
applications were from Neighborhood Associations, 19 applications were from
Small Businesses. Applications will be reviewed by the committee (manager,
CNS Director, one member of the public from each of four wards - United Way
and Community Foundation will act in an advisory capacity). It is expected that
the committee to be able to review the applications by mid-May. Staff worked
with organizations to ensure everyone that wanted to could apply.
2.f Parkland Marina Development Purchase Agreement Amendment - Manager's
Office
Staff has worked with Parkland Properties to update the current purchase
agreement for the Parkland Marina Development. This update was made
following feedback from Commissioners. This is only for discussion during the
work session with possible inclusion for approval on the April 25th agenda.
Jonathan Seyferth, City Manager, presented amendments to the Third Street
Pier Development Agreement. John Rooks, owner and developer, answered
questions from the commission about the project, mostly as it relates to public
access. This item will be on the agenda at a later meeting for consideration.
3. Public Comment
Public comment was received.
4. Adjournment
The Work Session meeting adjourned at 8:32 p.m.
_________________________
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
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City of Muskegon
City Commission Meeting
Minutes
April 11, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
Present: Mayor Ken Johnson
Commissioner Rachel Gorman
Commissioner Rebecca St.Clair
Vice Mayor Willie German, Jr.
Commissioner Michael Ramsey
Commissioner Teresa Emory
Absent: Commissioner Eric Hood
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, April 11, 2023.
2. Prayer
Pastor Jeremy Lenertz, First Wesleyan Church, opened the meeting with prayer.
3. Pledge of Allegiance
The Pledge of Allegiance to the Flag was recited by the Commission and the
public.
4. Roll Call
As recorded above
5. Honors, Awards, and Presentations
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6. Public Comment on Agenda Items
Public comments were received.
7. Consent Agenda
Action No. 2023-50
Motion by: Commissioner Ramsey
Second by: Vice Mayor German
To accept the consent agenda as presented, minus item 7B.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair, Vice
Mayor German, Commissioner Ramsey, and Commissioner Emory
Absent (1): Commissioner Hood
MOTION PASSES (6 to 0)
7.a Approval of Minutes - City Clerk
To approve the minutes of the March 13, 2023 Worksession and March
14, 2023 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
7.c Amendments to the zoning ordinance, marihuana processing -
Planning - 2ND READING REQUIRED
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. The Planning Commission
recommended approval of the amendments by a 7-0 vote at their March
16, 2023 meeting.
STAFF RECOMMENDATION: 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.
7.d Rezoning a portion of 560 Mart St - Planning - 2ND READING
REQUIRED
Request to rezone a portion of the property at 560 Mart St from B-2,
Convenience & Comparison Business to WM-Waterfront Marine, by West
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MI Dock & Market. The Planning Commission recommended approval of
the rezoning by a 7-0 vote at their March 16 meeting.
STAFF RECOMMENDATION: To approve the request to rezone a portion
of 560 Mart St from B-2 to Waterfront Marine.
7.e Rezoning of 1163 Terrace St - Planning - 2ND READING REQUIRED
Request to rezone the property at 1163 Terrace St from R-3 Residence to
B-2, Convenience & Comparison Business, by Ryan Burns. The Planning
Commission recommended approval of the rezoning by a 7-0 vote at their
March 16 meeting.
STAFF RECOMMENDATION: To approve the rezoning of 1163 Terrace
St from R-3 to B-2.
7.f Deficit Elimination Plan - Brownfield Redevelopment Authorities -
Finance
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.
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.
STAFF RECOMMENDATION: To approve the deficit elimination
resolution for the Brownfield Redevelopment.
7.g Emergency Management Resolution - Pubic Safety
We are asking for resolution to the Emergency Management Resolution
as there are name/job updates. 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.
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STAFF RECOMMENDATION: 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.
7.h Sale of 740 Leonard Avenue - City Manager
Staff is requesting approval of a purchase agreement for 740 Leonard
Avenue. 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.
STAFF RECOMMENDATION: To approve the purchase agreement for
740 Leonard Avenue.
7.b Opioid Settlement, Round 2 - City Manager
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 take individual legal action against any of the participating
companies.
There are several legal actions taken against pharmaceutical companies
and retailers (pharmacies) which had a large role 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
STAFF RECOMMENDATION: To approve participation in the national
opioid settlement as presented by the State of Michigan with Teva,
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Allergan, CVS, and Walgreens and authorize the City Manager to sign all
related documents.
Action No. 2023-51
Motion by: Commissioner St.Clair
Second by: Commissioner Ramsey
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.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
Emory
Absent (1): Commissioner Hood
MOTION PASSES (6 to 0)
8. Public Hearings
9. Unfinished Business
10. New Business
10.a Non-union employee insurance premiums - City Manager
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.
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.
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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.
STAFF RECOMMENDATION: 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.
Action No. 2023-52 (A)
Motion by: Commissioner St.Clair
Second by: Commissioner Ramsey
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.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
Emory
Absent (1): Commissioner Hood
MOTION PASSES (6 to 0)
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10.b Climate Action - City Manager
A Climate Action resolution to drive City policy on this topic.
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.
STAFF RECOMMENDATION: 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.
Action No. 2023-52(B)
Motion by: Commissioner Ramsey
Second by: Commissioner Emory
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.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
Emory
Absent (1): Commissioner Hood
MOTION PASSES (6 to 0)
10.c Amendment to the zoning ordinance, carriage house requirements -
Planning - 2ND READING REQUIRED
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.
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.
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STAFF RECOMMENDATION: To approve the requested amendments to
allow carriage houses with only a one-story minimum requirement and
only a 20-foot depth requirement
Action No. 2023-52(C)
Motion by: Commissioner Ramsey
Second by: Commissioner St.Clair
To approve the requested amendments to allow carriage houses with only
a one-story minimum requirement and only a 20-foot depth requirement.
Ayes: (5): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Ramsey, and Commissioner Emory
Nays: (1): Vice Mayor German
Absent (1): Commissioner Hood
MOTION PASSES (5 to 1)
11. Any Other Business
11.a City Manager Comments
City Manager, Jonathan Seyferth, explained that the podium was in the
center of the meeting room on a trial basis. Manager Seyferth also
informed the Commission that he and City Clerk, Ann Meisch, would be
representing the city in attending the funeral of Dennis Stepke, former City
Manager for the City of North Muskegon.
11.b Pubic Safety Director Update
Chief Kozal provided an update on the investigation of a recent shooting
resulting in the tragic loss of life in the city. He went on to inform the
Commission of the efforts the department is taking to try to reduce gun
violence.
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.
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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
13.a Pending Litigation
Action No. 2023-53
Motion by: Commissioner St.Clair
Second by: Vice Mayor German
To go in to closed session to consult with our attorneys regarding
settlement strategy in connection with Loretta Lyons versus Muskegon
Police Department Officers Richard McCabe, James Gust, Tony Fountain,
and Doug Conrad, United States District Court Western District of
Michigan, Case number 22-CV-0167 because an open meeting would
have a detrimental financial effect on the settlement position of the City of
Muskegon and defendants.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
Emory
Absent (1): Commissioner Hood
MOTION PASSES (6 to 0)
Action No. 2023-53
Motion by: Commissioner St.Clair
Second by: Commissioner Emory
To return to open session.
MOTION PASSES
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Action No. 2023-53
Motion by: Commissioner Ramsey
Second by: Commissioner Emory
To follow the advice from counsel regarding settlement of Lyons v.
McCabe, et al. lawsuit pending in Federal Court in the Western District of
Michigan.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Vice Mayor German, Commissioner Ramsey, and Commissioner
Emory
Absent (1): Commissioner Hood
MOTION PASSES (6 to 0)
14. Adjournment
The City Commission meeting adjourned at 7:35 p.m.
_________________________
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
10
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 9, 2023 Title: Muskegon Lighthouses
(presented at the May 8 work session) Ownership
Submitted By: Dave Alexander Department: Development
Services
Brief Summary: Staff has researched the process of transferring the two Muskegon lighthouses
from the Michigan Lighthouse Conservancy to the City of Muskegon, the first phase of the south
break wall lighthouse restoration and future city stewardship responsibilities and liabilities. Staff
seeks City Commission support to pursue ownership of the lighthouses.
Detailed Summary & Background: Staff was at the March 2023 work session outlining the request
of the Michigan Lighthouse Conservancy for the city to take over the ownership and stewardship of
the two lighthouses in the Muskegon Harbor at Pere Marquette Park. Staff research and work with
the MLC shows a Federal Lighthouse Preservation Act application to the National Park Service
and a new 25-year lease with the U.S. Army Corps of Engineers would be needed. Federal
approvals could take up to a year to secure. In the meantime, staff is working with the MLC
leadership to begin the restoration of the south break wall lighthouse as transfer of ownership is
pursued. Staff estimates that the annual maintenance of the two lighthouses would average
$10,000 based upon other municipal lighthouse stewardships. Staff is exploring private,
philanthropic revenue options including public donations through Pere Marquette parking kiosks
and a lighthouse fund with the Community Foundation for Muskegon County. The community
would need to develop a Friends of the Lighthouses support group to assist with future lighthouse
tours, programing, gift shop and fundraising. The city has a 10 percent administrative fee ($80,000)
in a $800,000 state lighthouse restoration grant to cover costs of the lighthouses transfer of
ownership.
Goal/Focus Area/Action Item Addressed: Goal 1. Quality of Life … investing in traits that positively
affect residents’ quality of life and attract visitors. Goal 4. Finances … Action item 4.2 … take
advantage of external financial resources.
Amount Requested: Remainder of funds Amount Budgeted:
would be privately raised $800,000 (first $400,000 received) in a MEDC
lighthouse restoration grant
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion: I move to formally endorse the South Breakwater Light Acquisition Project
due diligence process, and to direct staff to return to the City Commission for final approval of
purchase.
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:
NATIONAL HISTORIC LIGHTHOUSE PRESERVATION ACT
APPLICATION TO OBTAIN HISTORIC LIGHT STATION PROPERTY
Muskegon South Breakwater & Pierhead Lights 2008
Name of Applicant Agency: Michigan Lighthouse Conservancy
Name of Representative: Jeff Shook, President Application Date: December 23, 2008
Revised: April 24, 2009
Name of Prospective Transferee:
Michigan Lighthouse Conservancy Physical Address (next-day shipments):
PO Box 973 NLB Corporation
Fenton, MI 49430 29830 Beck Rd.
www.michiganlights.com Wixom, MI 48393
Daytime Telephone Number: (248) 624-5555
Name of Property and GSA Control Number of Property:
Name: Muskegon South Breakwater & South Pierhead Lighthouses
GSA Control No’s.: 1-X-MI-610-B & 1-X-MI-610-C
Address of Property:
The South breakwater property is located at the end of the southern Army Corps of Engineers breakwater
at the entrance to the channel leading to Lake Muskegon from Lake Michigan in the City of Muskegon,
Muskegon County, Michigan. Approx Latitude / Longitude: +43° 13' 26.83", -86° 20' 49.60". The South
Pierhead property is located at the end of the Army Corps of Engineers south pier in the harbor of the
City of Muskegon, Muskegon County, Michigan. Approx Latitude / Longitude: +43° 13' 36.00", -86° 20'
29.50". The property lies within the geographic confines of the City of Muskegon, Muskegon County,
Michigan. The breakwater light is accessible through the NOAA Lake Michigan Field Station or by boat
and has no street address. The Pierhead light is accessible via the beach or by boat and has no street
address. The nearest address is the NOAA Lake Michigan Field Station located at 1431 Beach St.,
Muskegon, MI. 49441.
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EXECUTIVE SUMMARY:
The Michigan Lighthouse Conservancy (MLC) is an IRS registered 501(c)3 nonprofit corporation whose
mission is to promote the preservation of Michigan’s lighthouses and lifesaving station structures and the
artifacts associated with them. MLC works to help restore lighthouse and life-saving structures and create
appropriate reuses of these properties. MLC has acquired an extensive collection of historically
significant lighthouse artifacts that have been preserved and are used in portable public displays. The
Michigan Lighthouse Conservancy is applying for conveyance of the Muskegon South Breakwater and
South Pierhead Lights under the National Historic Lighthouse Preservation Act (NHLPA) of 2000, an
amendment to the National Historic Preservation Act of 1966.
Muskegon Michigan is a lakeshore community located on Michigan’s western shore just about directly
across Lake Michigan from Milwaukee, WI. and about one-third of the way up Michigan’s lower left
hand from the Indiana State line. The towering sand dunes along the eastern shores of Lake
Michigan collectively represent the world's largest accumulation of sand dunes bordering a body
of fresh water.
The Muskegon South Breakwater and South Pierhead lights mark the mouth of the channel connecting
Lake Michigan with Muskegon Lake. The South Pierhead Light is 48 feet tall, conical in shape and was
built in 1903. The South Breakwater is a five story pyramidal tower, is 63 feet tall and was built in 1931.
The Pierhead Light is about 500 feet from shore and the Breakwater Light is approximately one-half mile
from shore. The opening between the two breakwaters form Muskegon’s arrowhead harbor. The basin
enclosed by the breakwaters forms a sheltered area at the Lake Michigan end of the Muskegon Lake
entrance channel. While the channel and aids to navigation have changed over time, the shipping port
here has been of great importance over the many years since it was first discovered. Large ships still use
the port facilities in Muskegon Lake for all kinds of goods and bulk materials, making it one of the most
active ports on Lake Michigan.
While restoration work is needed for both lights in various ways, the bright red lights still guide mariner’s
safety to and from port. Modifications have been done to the lights over the years as needs changed and
improvements required, luckily, both individual structures remain much as they were when they were
built. Over time the catwalk that once graced the pier has long disappeared and the keeper’s house razed,
making the two lights the last remaining elements of the once busy light station.
MLC aspires to restore the Muskegon lighthouses from their current state by using grant-writing
experience and other fund raising capabilities to raise the funds necessary to stabilize the structures and
eventually restore them into excellent condition. The extent of deterioration and pier type access requires
a multi-year restoration effort that could delay interior public access for several years.
Once the lights are stabilized, restoration underway, and certain safety conditions are met for the South
Pierhead Light such as adding some sort of stairway balusters and a hole in the floor is fixed, public tours
can start for this structure. We need to do more research with safety officials and the City Building
Department to see what criteria need to be met for public safety. MLC plans to work with the Great Lakes
Naval Memorial and Museum to train their volunteers and staff on the lighthouses so public tours for the
South Pierhead Light can start. In the mean time, MLC remains committed to providing safe, limited
private tours for lighthouse groups, historical societies and other interested parties under strict supervision
until then. The proposed use of the South Breakwater Light at this time is to maintain it, interpret it, and
keep the scientific environmental monitoring instruments in place. Public tours are not planned because of
safety reasons with the ladder climbing involved and a small platform at the top. Small limited private
tours could be arranged upon request for interested parties at the base of the structure.
Using MLC’s extensive experience in the Michigan lighthouse community and partnerships that we have
formed within the Muskegon community, MLC believes we are uniquely positioned to restore both
Muskegon lighthouses as historically accurate navigational aids while providing for reasonable public use
and educational experiences.
2
PROPERTY DESCRIPTION AND PLANNING DOCUMENTS
DESCRIPTION OF THE MUSKEGON LIGHTHOUSES AREA:
The lights are located on Lake Michigan, which is the sixth largest body of fresh water in the world and is
the third largest of the Great Lakes. The lake also boasts the world’s largest freshwater dunes that line the
lakeshore. Both lighthouses on their western exposure are surrounded by the waters of Lake Michigan
and sit atop the attendant pier structures of the US Army Corps of Engineers (COE). Both southern
exposures are sandy beaches adjacent to the 27 acre City of Muskegon Pere Marquette Park. There is a
concession stand and restrooms located in the park between the piers for each light. The northern
exposure for the lights is the protected harbor and channel entrance into Lake Muskegon. The eastern
exposure to the Pierhead light is the current US Coast Guard (USCG) and the National Oceanic and
Atmospheric Administration (NOAA) Lake Michigan Field Station. Cottages and lake-view homes are in
the background of the lights situated along the park road. The area could be described as a seasonal resort
type area.
The surrounding Muskegon terrain varies from level plains to rolling hills and dunes. Soils are
predominantly sand. The lake effect on Muskegon's climate is quite strong throughout much of the year.
The prevailing westerly winds, in combination with Lake Michigan to the west, produce this lake effect.
The lake effect increases cloudiness and snowfall during the fall and winter, and moderates the
temperature throughout most of the year. This area seldom experiences prolonged periods of hot, humid
weather in the summer or extreme cold during the winter. The prevailing wind is south-south-westerly,
averaging 11 mph. Both lights are devoid of vegetation as they sit on concrete piers.
The Muskegon South Breakwater and South Pierhead Lights both sit on top of US Army Corps of
Engineers pier structures. The Breakwater Light sits on a pier structure roughly 500 feet long and the
Pierhead Light sits on a pier structure roughly one-half mile long. These two main lights assist other
smaller lights for entering the protected Lake Michigan arrowhead harbor, which eventually runs into
Muskegon Lake through a channel. The nearest buildings are the active US Coast Guard Station and the
NOAA Lake Michigan Field Station.
At the shoreline of the South Pierhead Light sits a 1905 US Life-Saving Service Station (USLSS), the
predecessor to today’s US Coast Guard. The US Life-Saving Service and US Revenue Cutter Service
merged together in 1915 to form the US Coast Guard. Later in 1939, the US Lighthouse Service merged
into the Coast Guard. The 1905 USLSS structure is currently being used by NOAA who has renovated
the building for their use. The NOAA Lake Michigan Field Station is the oldest NOAA owned facility.
The 1905 USLSS station replaced an 1883 USLSS station across the channel from it. Its architecture is
known as a Racine-Type Station. The Coast Guard has protected the Muskegon area for many years and
has saved many lives. The 1905 USLSS structure was replaced in 1990 when the Coast Guard built a new
facility immediately adjacent and to the south east of the USLSS and turned over the building to NOAA.
The USCG facility is completely fenced off for security reasons and gated at the main entrance. Please
see Figure 1.4 for a close up plot plan of the property. NOAA funded the renovations in 2004 and
completed them in 2005 on the stations 100th birthday. The exterior renovations with its vinyl shingle
style siding looks like the original exterior architectural appearance and NOAA kept interior
modifications sensitive to period design. Besides the lighthouses, this is the only other historic building in
the immediate area.
It is best to show the following graphics to illustrate where the Muskegon lights are located as
well as to show their relationship to the other structures noted in the above text. Figure 1.1 shows
the State of Michigan with Muskegon located on the map by a white star. Figure 1.2 shows a regional
Google Earth map of Muskegon Lake and the arrowhead harbor. Figure 1.3 shows a current plot plan of
the where the lighthouses are in relation to their surroundings.
3
Figure 1.1 - Muskegon, Michigan location
Figure 1.2 - Google Earth Map of Muskegon Lake, showing the arrowhead
harbor entrance where the lighthouses are located.
4
Figure 1.3 – A current plot plan of the entire arrowhead harbor area
where the lighthouses are in relation to their surroundings.
A new Maritime Heritage Trail extending three-quarters of a mile along the channel with the beginning at
the Great Lakes Naval Memorial and Museum (GLNMM) and ending at the South Pierhead Light can be
visualized using Figure 1.3. See (Appendix 7) for a full size copy of this map. This trail goes through city
parks and Federal property and is enhanced by thirty 24” x 36” full color interpretive wayside markers
detailing the history of the NOAA field station, resident agencies, local maritime industries and cultural
heritage. The interpretive markers installed along the Maritime Heritage Trail are a proven venue for
reaching broad audiences. Most of the signage was completed in the fall of 2008, but MLC will help with
enhancing future and or additional signage and interpretation. With the establishment of this new trail,
visitation to the lighthouse and the GLNMM will be increased. MLC feels we will enhance the trail with
our ideas and with the eventual restoration of the lighthouses.
Recreational boaters, ferry passengers and park visitors are greeted to Muskegon by the historic 1905 US
Life-Saving Station and the Muskegon lighthouses, making them symbols of the community’s maritime
heritage. The COE piers are enjoyed by hundreds of visitors for pier fishing, ship watching and
recreational walkers, which visitors gain access to the South Pierhead Light through the NOAA property.
The NOAA grounds are not generally accessible to the public, but a dedicated line marked pavement
easement exists to guide the public to the pier from the roadway. No public parking is allowed in the
NOAA facility. The NOAA building is not accessible to the general public except by appointment.
Visitors must respect the privacy and signage presented. Both NOAA and the USCG are being very
generous to allow this public access to the pier and the adjacent boat basin where both NOAA and USCG
boats are kept. Such areas are normally closed off to the public. In many respects the NOAA site has
become an extension of the very popular Pere Marquette Park and the Maritime Heritage Trail now makes
it easier using signage that people have public access to the South Pierhead Light. The Pere Marquette
Park hosts more than 200,000 visitors annually.
5
PHYSICAL DESCRIPTION OF MUSKEGON SOUTH PIERHEAD AND BREAKWATER
LIGHTHOUSES:
The South Pierhead Light was originally built as the inner light of a two-lighthouse range system operated
in tandem with a partner light and fog signal farther from shore. A metal elevated catwalk about 2,000
feet long extended along the south pier from shore to these two lights, providing for safe access when
environmental conditions were adverse. These range lights operated together until the 1920’s when the
outer light and catwalk were dismantled and the pier shortened to its present length. Since then, the South
Pierhead Light has stood alone. It has been an active aid to navigation ever since its construction.
The Muskegon South Pierhead Light is located at the Muskegon Lake entrance channel at Lake
Michigan, 500 feet from shore and the 1905 USLSS Station, currently owned by NOAA. In order to reach
the lighthouse, you must first enter through the Pere Marquette Park, locate a parking spot in either the
Pere Marquette Park, the GLNMM (at the east end of the Maritime Heritage Trail) or in Margaret Drake
Elliot Park adjacent and to the east of the USCG Station and then by foot, walk along the designated
sidewalk and footpath through the NOAA Lake Michigan Field Station to the South Pier. All of the
sidewalks and footpaths are in good condition and sometimes blowing sand slightly covers them.
On the COE pier, there is a vertical rise of about one foot across the entire length of the pier that you must
step up onto in order to access the rest of the pier to the lighthouse. The pier is level and in good physical
condition based upon our own observations and is approximately 45 to 50 feet wide. Next to the boat
basin the pier is entirely unprotected with railings as it is a work area. The sides of the pier after the 1905
USLSS out to the lighthouse are lined and protected on both sides with metal posts painted blue with a
protective safety cable railing system to prevent people from getting to close to the perimeter of the pier
and falling into the water. A service trench with a partial and broken metal conduit in it runs the rest of
the length of the pier to the base of the lighthouse and into it. This service trench as far as we can tell is
not being used. The trench is about eight inches wide and 10 inches deep approximately.
Once up on the pier from the step, you walk the rest of the way down the pier. Once at the base of the
lighthouse, you notice the footing or foundation that the light tower sits in, which is an octagonal concrete
footing that is approximately 15 foot in diameter and one foot tall. The light tower is secured to the
octagonal base via numerous large bolts and nuts. The lighthouse is a 48-foot tall telescoping light tower
built in 1903. As the tower extends upward each successive ring gets successively smaller, like an
extending telescope. The tower and lantern are both painted red. Historical photographs and
documentation reveal a white tower with a black lantern top once existed. You notice from the exterior
view of the tower at this point that the construction is made up of numerous steel plates all riveted
together. All adjoining successively smaller telescoping sections of each tower ring are riveted together
with a double row of rivets. All rounded vertical tower sections around the circumference are also double
riveted together on their seams, giving the tower a unique texture and gives evidence of its construction
technique. As you look up the tower you will notice that each section gets slightly smaller than the last
from the base starting at 12 ft 6 inches in diameter to the lantern gallery at 10 feet in diameter.
At the top of the tower sits the cast iron lantern room, supported by a cast iron circular parapet. The lower
exterior half of the lantern is circular in design. The lanterns middle section has eight rectangular
windows framed with metal mullions. The lantern room roof, vent ball and lightning rod finish off the
top. The lantern room from the 1870 lighthouse was removed and transferred to the 1903 lighthouse. The
lanterns gallery, which includes the deck walkway and exterior railing around the outside of the lantern, is
circular and is 2 foot 6 inches wide around the entire lantern. Metal stanchions around the lantern gallery
support a horizontal guardrail. The top portion of the guardrail has a diamond shaped crossed strap pattern
and is approximately one foot tall on top with a single metal railing closer to the floor. This is the one of
the more ornate and detailed features of the lighthouse. On the western side of the lighthouse a section of
railing has been removed and is presently slung with two lengths of chain for safety.
6
Near the top of the lighthouse on the eastern side is a 4 inch diameter smokestack that exits the tower and
extend up beyond the lanterns roof. Mounted on the lantern gallery is a solar panel for the light, which is
an active aid to navigation.
Looking around the tower as you go up on each side facing North, East, South and West are 18 inch
diameter port hole lights. These are at various heights up the tower to illuminate the inside with natural
light. As far as we can tell, they are all still functional at this time. The windows were placed along the
stairway and are just enough to help illuminate the sparse interior.
To enter the lighthouse, you must first open a ships type oval water-tight door that is 5 feet tall by 2 feet 6
inches wide approximately. This door is a replacement of the original rectangular door. At some point in
time we will research the history of this change to determine if it took place during the period of
significance (1903-1955). Once inside the base of the tower, the original rectangular door is present and
leaning up against the tower inside.
The tower’s interior is sparse as it was not meant to be lived in or used for other purposes other than
maintaining the light and associated equipment inside. The floor is concrete once you step inside, the
former door as noted above stands to your right and the spiral stairs are to your immediate left. To the
immediate left of the door mounted on the wall is a plywood panel which holds an electrical panel for the
solar powered equipment in the lantern room, owned by the USCG. The spiral stairs have a hand railing
on each side of the stairs, but only very few balusters every so often. The stair treads are small and tight
for single person use only, hence you would not have had multiple keepers performing multiple duties in
this light at a time. The tower has some interior bracing supports that mount to the concrete floor and
extend to the top lantern. The braces extend out from the tower walls approximately 8 inches and the
stairway conforms to this diameter as it goes upward. There are four of these interior braces.
Once you start your climb the stairs to the lantern, the first landing you come to has a metal floor that is
one half the tower’s diameter. A railing is present for safety, but there are no balusters. This presents a
safety concern we will need to address going forward. On the landing is a rectangular door, the same
design as on the first floors original entryway door, which is now closed off. The door was the former
second entrance to the lighthouse from the elevated catwalk. The catwalk was removed when the south
pier was shorted in the 1920’s. It appears the door is caulked shut.
Going from the first landing upward via the spiral stairway you come to the watch room through an
opening in the floor. The watch room is 9 feet 5 inches in diameter approximately. Its floor covers the
entire landing. A railing with no balusters is present. The floor is a solid wood tongue and groove floor
and the interior walls and ceiling appear to be metal mesh and plaster. Some damage has occurred in this
room over time. A portion of the floor is starting to rot. There are two port hole windows in this room.
According to the National Register Application, this room held fog signal equipment from the 1920’s
until 1997 and the hole in the side of the tower was patched back up after it was removed. A copy of the
National Register Application is included in (Appendix 1).
To gain access to the lantern room from the watch room, you climb up a steel double rung ladder through
a hatch that must be opened and secured to the interior wall. Once inside the lantern room, a hatch in the
lantern parapet allows access to the exterior lantern gallery. A metal pedestal supports a modern 300 mm
acrylic optic owned by the USCG. The ventilation hole for the lantern’s original oil lamp is still present in
the ceiling. The US Coast Guard battery box is present on the floor of the tower.
The pier beneath the lighthouse is the property of the US Army Corps of Engineers and is not included in
the NLHPA conveyance. See photo section in (Appendix 3) for all relevant photos for this section.
7
PUBLIC ACCESS PATH:
The following Figure 1.4 shows a detailed drawing of the access area to the South Pierhead Light from
the adjacent parking areas of the Margaret Drake Elliot Park and the Pere Marquette Park’s public parking
areas, both of which are within easy walking distance to either lighthouse. See (Appendix 7) for a full
size copy of this map. The red arrowed line indicates the path to be followed to gain access through the
NOAA property to the South Pierhead Light. The principle access road for the area is Beach Street.
Figure 1.4 Showing a close up access plan to the South Pierhead Light
from the adjacent parking areas following the red arrow footpath.
DESCRIPTION OF SOUTH BREAKWATER LIGHTHOUSE:
The Muskegon South Breakwater Light is located at the Lake Michigan entrance side to the Lake
Muskegon Channel at the end of the southern arrowhead pier approximately one-half mile from shore.
The lighthouse is a 63-foot tall pyramidal light tower was built in 1931 on the south side at the outer end
of the arrowhead pier for the outer light of a range light system. The rectangular base of the tower is 10
feet tall and is the first story entrance and the 53-foot tall pyramidal tower stands on top of the rectangular
first story. The top of the tower does not have a typical classical lantern room and is more of a blunt flat
top that once held a large buoy style light that capped the tower, which has long since been removed. The
current optic is a red LED aid to navigation. The tower and base are both painted red.
The tower gradually tapers upward from the rectangular base to a small platform at the top of the tower.
On top of the rectangular base is what appears to be a cap or work platform that is capped with concrete.
A solar panel sits near the tower to power the light. The tower is steel plated and is riveted together. All
the seams on the tower are double riveted and the angle braces are all single riveted. The rectangular base
is all bolted together for all the plates and angles. The base inside is concrete and it appears that the
bottom section is bolted to the concrete base with four rows high of bolts around the entire base. The
whole structure is very simple, yet very well constructed to withstand the abuse of waves and ice that
form on the outer breakwall during the winter months.
8
Parking is necessary to access the lighthouse. Parking is available at the Pere Marquette Park, locate a
parking spot in either the Pere Marquette Park, the GLNMM (at the east end of the Maritime Heritage
Trail) or in Margaret Drake Elliot Park adjacent and to the east of the USCG Station. By foot, cross Pere
Marquette Park, and walk along the designated sidewalk and footpath to the South Breakwater Pier. All
of the sidewalks and footpaths are in good condition and sometimes blowing sand slightly covers them.
For a short distance, the pier is lined with metal posts and protective safety cable railings. The rest is an
open-sided pier with large rip rap on each side and no safety railings. The piers surface is mostly even and
flat and in good condition, but is much narrower than the South Pierhead Light, at approximately 8 to 10
feet wide. Large gaps between the pier and the rip rap are present.
Once at the base of the lighthouse, you notice that the light tower appears to sit directly on the pier and is
sheathed in metal. In order to gain access to the lighthouse, you must climb a 3 foot high concrete base
with metal rungs cast into the concrete. Once inside, you realize this is the concrete base to the lighthouse
with concrete walls and ceiling and is technically its foundation. The base of the lighthouse is a concrete
rectangular foundation measuring 26 feet 5 inches wide by 10 feet wide by 3 feet tall. On the east side is
an elevated concrete landing that is 3 feet tall by 6 foot long by 10 feet wide. This landing holds two
built-in steel ladder rungs in both the north and south ends to gain access to the platform where you enter
the lighthouse through a door. A solar panel graces the roof of the first story on its exterior. Some round
port-hole type windows exist at various points. Looking up the tower you will notice that each tower
section gently tapers down smaller the higher you go. The bottom is 19 ft 6 inches long east to west and 9
feet wide north and south.
Once inside the rectangular base first floor, the only equipment present is a set of batteries for the US
Coast Guard light and fog signal equipment located in the top of the tower. The entire first floor interior is
a formed concrete shell, unpainted. To enter the lighthouse, you must first open a ships oval water-tight
door that is 5 feet tall by 2 feet 6 inches wide approximately. This door is a replacement of the original
rectangular door. At some point in time we will research the history of this change to determine if it took
place during the period of significance (1903-1955). It matches the Pierhead Lights door. To access the
upper floors, you must climb a single rung steel ladder. This ladder is typical of all upper floors. There are
no trap doors present all the way up. You notice all the way up the interior numerous corrosion type
repairs, welds and painting that have taken place over the years.
On the second story, there is a door that leads out onto the roof of the rectangular base. This doorway has
since been closed off and is non-functional. In front of this doorway is the electrical panel for the light
which is secured to this wall and non-functioning door.
Starting in the rectangular base first floor, you must climb a total of four landings total to reach the top of
the structure. Once at the top of the light, you must gain access to a small platform on one side of the light
through a set of double rectangular doors where you access another ladder to reach the top platform. This
top metal platform has pipe railings which encircle the entire top of the structure. The top platform gives
you access to the aids to navigation which include an LED light optic and fog signal equipment. The focal
plain of the acrylic optic is 70 feet above lake level. This platform has seen numerous changes over time,
evident by the various mounting brackets present and holes in the platforms deck.
All of the current windows are plexi-glass and caulked in with what appears to be silicone in the
pyramidal tower section. The rectangular base appears to have both plexi-glass and at least one port hole
type light. Further research is needed in order to identify what existed previously in these locations.
The tower’s interior is very sparse, just like the Pierhead Light. The floor and landings are all concrete,
unpainted. The structure was not meant to be a manned or occupied, hence no other comforts for people.
It was meant to hold and shelter equipment, and keep the light at the correct focal plane. Reading the
National Register application, this light has probably seen more modifications to it than the Pierhead
Light, but the structural character is largely unchanged. A copy of the National Register Application is
included in (Appendix 2).
9
The pier beneath the lighthouse is the property of the US Army Corps of Engineers and is not included in
the NLHPA conveyance. See photo section in (Appendix 4) for all relevant photos for this section.
HISTORY:
Lake Michigan is the sixth largest body of fresh water in the world and is the third largest of the Great
Lakes. The lake also boasts the world’s largest freshwater dunes that line the lakeshore. The Muskegon
area was inhabited by various bands of the Ottawa and Pottawatomi tribes. The Ottawa Indians lived in
the vicinity of Muskegon during the 1730’s and 1740’s until induced by the French to move their
settlement. The name "Muskegon" is derived from the Ottawa Indian term ‘Masquigon’ meaning "marshy
river or swamp." The "Masquigon" river is identified on French maps dating from the late seventeenth
century, suggesting French explorers had reached the western coast of Michigan by that time.
No one knows for certain when the first Frenchman visited the Muskegon area, but Father Jacques
Marquette traveled northward through this area on his fateful trip to St. Ignace in 1675 and a party of
French soldiers under La Salle’s lieutenant, Henry de Tonty, passed through this area in 1679. Hence the
name for the City of Muskegon’s Pere Marquette Park. The earliest known resident of the county was a
fur trader and trapper who visited the Muskegon area in 1748. Between 1810 and 1820, several French
Canadian fur traders had established posts around Muskegon Lake. Settlement of Muskegon began in
earnest in 1837 when Muskegon Township was organized as a subdivision of Ottawa County and the first
sawmill began operating here. The lumber trade did not boom until after the Civil War.
An original name for this location at the mouth of Lake Muskegon was Port Sherman named by M.S.
Burdge, who settled in the district in 1852 and by Samual A. Brown, who named it as such during the
Civil War days when General Sherman was making his historic march to the sea. About 500 Indians
inhabited the area near the mouth of the river in the 1850’s. Apparently the need for a lighthouse was
established early on, because in 1851 a lighthouse was established here. Little is know about this first
lighthouse. By 1860 there were 13 mills operating in Muskegon and this area later became known as the
“Lumber Queen of the World” by the 1880’s.
The need for improvement was great and the local citizens took action in 1863 when the Muskegon
Harbor Company was organized and they straightened the channel from Lake Michigan to Muskegon
Lake by putting in slab piers. The north pier was 1,150 feet long and the south pier was 2,070 feet long.
Early Muskegon was surrounded by lush hardwood forests and had direct access from Lake Muskegon
into Lake Michigan, making it a natural port.
By 1867 more harbor improvements were needed and discussed. In 1870 a land based lighthouse was
built along with a new Pierhead light in 1871, an elevated catwalk connected it to shore. The land based
light consisted of a one and a half story wood framed dwelling with a short square tower on the front side
of the structure which rises above its gabled roof capped with a black lantern room. See photo in
(Appendix 5). This lighthouse worked in conjunction with the Pierhead light to form a range into the
harbor. A photo (Appendix 5) shows the range lights and fog signal light at the outer end of the pier. The
channel was a challenge to maintain because of silting and larger ships were being built which required a
wider and deeper channel into the late 1800s. The original piers were gradually extended further and
further out into Lake Michigan. Muskegon was proving to be a valuable port and prosperous one.
By September 15, 1899, a new light and fog signal were ordered for the south pier. With the piers jetting
so far out into the lake, improved navigational aids were needed so mariners could better identify the
entrance to the channel. The Lighthouse Board gave notice that the red lantern light heretofore exhibited
from the outer end of the elevated conduit (we assume this means some sort of protective piping system
since it specifically mentions an elevated catwalk replaced this conduit) would be shown at a height of 33
feet above the Lake level, from an octagonal lantern on the gable end of the fog signal building recently
erected on the outer end of the south pier. On the same date a 10-inch steam whistle would be established
in the fog signal house, and during thick or foggy weather the signal would sound blasts of five second
10
duration separated by silent intervals of ten and forty seconds. On or about September 12, 1899, the fog
bell located at Muskegon Pierhead was discontinued.
This elevated conduit ran 764 feet and was replaced by an elevated conduit running 720 feet long, 10 feet
high. Twenty feet of walk was at 9 feet high passed through the open framework of the rear range tower
and connected it with the old walk, making 740 running feet in all. The fog signal building was a frame
structure 20 by 40 feet, placed on a timber superstructure.
In 1901, it was determined that the 4th Order lens on the keepers dwelling should be discontinued and it
was to be re-established near the inner end of the south pier in a metal structure. The red 6th Order lens on
the pier would be discontinued. Detailed plans were drawn and in 1903, the present cast iron lighthouse
was built. The entire lantern room from the 1870 lighthouse was removed and placed upon the new metal
tower. The tower was painted white and an elevated catwalk connected it to the light and fog signal at the
end of the pier. Along with this change we assume must have come a new keepers dwelling as well.
Please see photos of the dwelling in (Appendix 5).
The second-to-last major change to the channel started in the 1920’s when the arrowhead breakwater
construction began. This project was largely completed in the early 1930’s. During this project, the outer
light and fog signal were dismantled, the south breakwater was built along with the 1931 South
Breakwater Light. The south pier was dismantled to its current length, leaving the 1903 South Pierhead
Light in its original location and the elevated catwalk dismantled because it was no longer needed. More
research needs to be done in the years after the 1920s as the Lighthouse Service Annual Reports start to
become less detailed and more reliance is needed on newspapers and historical records.
The US Coast Guard abandoned their 1905 US Life-Saving Station in 1990 when the Coast Guard built a
new facility and turned over the old building to NOAA. The turn of the century light keepers dwelling
continued to survive until sometime between 1970 and 1972 when aerial photographs indicate it was
razed to make way for Coast Guard expansion. Besides the lighthouse structures, the 1905 US Life-
Saving Station is the only other historic building in the immediate area. See keepers dwelling photos in
(Appendix 5).
On November 17, 2005 the South Pierhead Light’s contribution to Great Lakes navigation was
recognized with a listing on the National Register of Historic Places. In 2006, the South Breakwater Light
followed suit. The nomination papers submitted for the listing papers are added to the (Appendix 1).
11
MASTER PLAN FOR THE HISTORIC LIGHTS
PRESERVATION AND MAINTENANCE PLAN
The Michigan Lighthouse Conservancy plans to move swiftly to stabilize the structures and halt the
deterioration of the Muskegon lights and protect the structures from continued degradation while
carefully following the U.S. Interior Secretary’s Standards for Rehabilitation as well as using the National
Lighthouse Preservation Handbook. MLC has consulted with numerous people experienced in lighthouse
preservation and rehabilitation. From these organizations, we have received many suggestions and
“lessons learned”. The Michigan Lighthouse Conservancy, in particular, is familiar with a wide variety of
lighthouse groups and has extensive contacts with these groups that will prove invaluable as the effort to
restore the Muskegon lights progresses.
MLC plans to contract with an engineering firm and an experienced restoration contractor that are
knowledgeable and experienced with lighthouse restoration to conduct a Condition Assessment Report to
help prioritize the most urgent needs. During the GSA open house site visit, a representative from one
such restoration contractor firm took place on August 27, 2008, and valuable preliminary information was
gathered from that visit. MLC plans to have a Condition Assessment Report conducted on both lights
within a year after the deed is transferred. MLC can raise the required funds in time to get this completed.
MLC has not yet secured a firm to undertake the Condition Assessment Report, but an estimate has been
secured from U.P. Engineers and Architects out of Marquette, MI. and the cost is expected to be
approximately $6,000 to $8,000.
The Condition Assessment Report will include a prioritization of stabilization needs, a detailed inventory
of all components of the lights including what is historic fabric and what is not original to the structure.
The assessment will recommend what treatments are needed for each material as well as what needs to be
repaired, replaced or replicated. The goal for both lights will be rehabilitation, but with an emphasis on
retaining as much historic fabric as possible for preservation purposes. All recommendations will be made
in a detailed report to use as a guideline throughout the entire process.
No new utilities (defined as water, sewer, gas and electrical) will be added to the Muskegon lighthouses
initially. There is no need for running water, gas or sewage disposal. We will however look into utilizing
the service trench on the South Pier in the future to supply power if needed and or run a video cable to the
lighthouse. This will take much more research and permission from the COE to discuss these possibilities,
without their permission nothing will happen. They may require an easement, lease or memorandum of
understanding and until we have a meeting to discuss these possibilities we cannot take this subject
further at this time. MLC will also need to seek permission as noted above for staging equipment and
construction materials on site with the COE. MLC was told that NOAA would discuss our needs as well
for staging equipment and supplies and details can be worked out at a later date.
We will research what resources are necessary to install a remote web cam in the South Pierhead Light.
Currently through the NOAA web site you can view cams looking at both lighthouses and around the
area. With being able to view the lighthouses this way, we don’t necessarily need to immediately add this
feature. We do not anticipate installing a cam in the South Breakwater at this time because of the
remoteness and power supply needed. A cam in the South Pierhead is much more likely depending on
everything necessary to accomplish it. Funds will initially be focused on rehabilitation and the web cam
would be secondary because of the cost.
For both lights at this time we anticipate retaining the ship style oval hatch doors as they secure the
structures well and the USCG has the proper tools to access them. In the future we will evaluate the door
in the South Pierhead for its originality and potential use.
One change we anticipate to the interior of the South Pierhead Light is the installation of some type of
balusters between the steps and hand rail leading up the stairs of the lighthouse or some type of safety
cable railing system to provide for a safer visitor experience. There are currently a limited amount of
12
balusters present going up the stairs, on the first landing, or at the top of the light, mainly a hand rail is
present for the entire length of the steps to the lantern room with a few balusters present leaving large
open areas that someone could potentially fall through. For safety reasons of tour groups, especially those
with younger children to open the interior of the light up for public tours, we would like to develop an
equitable baluster solution that is respectful in appearance and safe for these types of activities. We will
consult with the National Park Service on this and other topics as required. The National Park Service
will consult with the Michigan State Historic Preservation Office (SHPO) for any proposed actions
requiring compliance with Section 106 of the National Historic Preservation Act, as
amended. Until this is accomplished, limited private tours can be considered.
Our primary plan is to proceed with stabilization work on both lights and then onto rehabilitation work as
funds permit. If funding falls short, since the South Pierhead light will draw more tourists, we will
concentrate on things needed to open this light first and stabilize the South Breakwater Light. The South
Breakwater Light will have steps taken to mothball it until proper funding can be obtained if necessary.
Both structures would be mothballed as a backup plan if funding is not available in the future. If this
continues for a period of time, we will contact the National Park Service to have the lights placed back
into the NLHPA process and assist in finding an alternative steward.
It’s possible that lead-based paint exists on the site. No samples have been collected yet to be tested. All
hazardous materials found on the site, if any, will be handled and disposed of in accordance with the
Michigan Department of Environmental Quality guidelines. MLC will confirm the historic colors used in
the lighthouse and consult with the USCG on the appropriate colors that could consider being changed if
necessary. As the structure is an active aid to navigation and daymark, this will need to be discussed with
the USCG.
With the assistance of U.P. Engineers and Mihm Enterprises, MLC has identified the following historic
resources and outlined the following preservation and maintenance plans based on preliminary
consultations with both engineer and contractor. Future site visits and consultations may influence the
pace, direction and focus of these preliminary estimates. Italicized excerpts from the UP Engineers’ report
are included below. For the full document, please see (Appendix 6). All of the proposed work listed
below will be conducted by carefully following the U.S. Interior Secretary’s Standards for Rehabilitation.
RECOMMENDATIONS
Based on site observations and identification of historic resources, the following are recommendations
for stabilization, rehabilitation/restoration and ongoing maintenance and repair. Estimated costs are
preliminary estimates for planning purposes.
Both the South Pierhead Light and the South Breakwater Light are in structurally sound condition.
Minimal stabilization work is required to prevent deterioration of historic resources; however the South
Breakwater Light requires more work of the two.
PHASE I – STABILIZATION
1) Install sealant in all open joints including areas where lantern glazing components are missing to
prevent water infiltration.
Estimated Cost: $ 1,500
The recommended time period for stabilization work is within a year after the transfer of the deed.
13
PHASE II – CONDITION ASSESSMENT REPORT
A detailed Condition Assessment Report of all structures and site features shall be conducted. This report
will include:
1) A brief history of the site features, construction, modifications and the historical significance in
regards to Great Lakes Maritime history.
2) A discussion of relevant portions of 36 CFR Part 61 “Historic Architecture” as it applies to these
structures.
3) Inventory of structural components, features and materials.
4) The condition of each structural component.
5) Identification of the root cause of deterioration and development of a scope of work for each
condition/element requiring rehabilitation and/or restoration.
6) Material quantities for each element.
7) Budget cost estimates.
8) Assignment of priority for each component.
9) An overall phasing plan for rehabilitation and/or restoration based on the priorities.
Estimated Cost: $ 6,000 to $8,000
The Condition Assessment Report should be prepared during the following year after transfer of the deed.
PHASE III – CONSTRUCTION PLANS AND SPECIFICATIONS
Based upon the findings and recommendations of the Condition Assessment Report, final plans and
specifications for rehabilitation/restoration work shall be prepared by a qualified
architectural/engineering firm meeting the requirements of 36 CFR. All documents shall be reviewed and
approved by the National Park Service following the terms of the NLHPA. The National Park Service will
undertake consultation with the State Historic Preservation Office. All work shall be consistent with the
Secretary of the Interior’s Standards for Rehabilitation.
Estimated Cost: to be determined, based upon the recommendations of the Condition Assessment Report.
The recommended time period for preparing construction documents would be the second year after
transfer of the deed, assuming funding is available.
PHASE IV – EXTERIOR REHABILITATION/RESTORATION
Exterior rehabilitation/restoration work shall include:
A) Exterior Rehabilitation/Restoration of the South Pierhead Light
1) Clean and paint the steel tower structure.
2) Replace missing section of guardrail at lantern deck.
3) Repair/replace damaged metal glazing stops/mullions.
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4) Remove Plexiglas panels in lantern and replace with glass.
5) Caulk all open joints in the structure.
Estimated Cost: $42,000
B) Exterior Rehabilitation/Restoration of the South Breakwater Light
1) Clean and paint the steel tower structure.
2) Replace/repair glazing at portal windows.
3) Caulk all open joints in the structure.
Estimated Cost: $32,000
The recommended time period for exterior rehabilitation/restoration work would be the third year after
transfer of the deed, assuming funding is available.
PHASE V – INTERIOR REHABILITATION/RESTORATION
Interior rehabilitation/restoration shall include:
A) Interior Rehabilitation/Restoration of the South Pierhead Light
1) Clean and paint the interior surfaces of the structure.
2) Install intermediate rails/balustrades on the stair for safety.
3) Clean and paint metal stair and railings.
4) Clean and paint concrete and metal floor surfaces.
5) Repair damaged plaster surfaces.
6) Install video cable for web-cam
Estimated Cost: $55,000
B) Interior Rehabilitation/Restoration of the South Breakwater Light
1) Clean and paint the interior surface of the structure.
2) Clean and paint concrete and metal floor surfaces.
3) Clean and paint metal ladders.
Estimated Cost: $33,000
The recommended time period for interior rehabilitation/restoration is the fourth year after transfer of
the deed, assuming funding is available.
PHASE IV – SITE FEATURES
Rehabilitation/Restoration of Site Features includes:
A) South Pierhead Light
1) Install video cable from the Light to the mainland. Locate cable in the existing utility
trench in the pier deck surface.
2) Install a metal bar grate over the existing utility trench.
3) Install wooden handicap ramp near NOAA Station to allow wheelchair access to the
lighthouse.
15
Estimated Cost: $500.00 wooden ramp estimate only. Unknown video and grate cover at this
time.
B) South Breakwater Light
1) Repair spalled/deteriorated concrete at landing at entry.
Estimated Cost: $1,400
The recommended time period for interior rehabilitation/restoration would be the fourth year after
transfer of the deed, assuming funding is available.
PHASE VII – CYCLICAL MAINTENANCE PLAN
Recommended ongoing maintenance work for both structures includes the following:
1) Inspect structure and adjacent site and repair any
minor damage .............................................................................................................annual basis
2) Touch-up deteriorated paint and caulking ......................................................................... 2 years
3) Exterior painting.......................................................................................... 15 years or as needed
4) Interior painting .......................................................................................... 15 years or as needed
The lights will be inspected each year in the spring and fall and a form will be developed for such
purposes to note joint and fastener conditions, coating condition and such things as when it is raining to
check for water leaks and so forth. This form will evolve over time as needed with more details. These
reports will be compiled into a log book to track any changes over time and will probably end up
computerized. If any maintenance work is done, it will be noted in this log book.
Between heavy maintenance cycles, spot repairs will always be needed and accomplished on an as needed
basis. All vandalism will be dealt with swiftly.
Note: In all phases of treatment to the structures, or prior to it, we will direct the appropriate architects
and contractors to follow the appropriate Preservation Brief’s
(http://www.nps.gov/history/hps/tps/briefs/presbhom.htm) necessary regarding treatment of steel, cast
iron and concrete depending on the lights’ materials as they vary. The National Lighthouse Preservation
Handbook (http://www.nps.gov/history/maritime/handbook.htm) will also be consulted. Both of these
resources are available as noted on the world wide web.
OTHER STRUCTURES AND ARTIFACTS:
The keeper’s house and all other outbuildings have been razed over time; MLC does not anticipate
reconstructing any of these structures under the preservation and maintenance plan. The keeper’s house
was actually on the current lot which is in use by the US Coast Guard Aids To Navigation Team
Muskegon.
Even though MLC does not plan to reconstruct any of these structures, significant steps will be taken to
ensure public interpretation of the previous light station structures and how they changed over time. MLC
will continue to research the previous site plans and designs of these structures in relation to the
lighthouses. A historical display on the Muskegon lights will be created and placed in the Great Lakes
Naval Museum and Memorial so that visitors can better understand all of the historic structures that once
16
existed at the light station. This information will also be on the MLC website in a dedicated Muskegon
section.
One of the Muskegon 4th Order Fresnel lenses has been identified and located. This lens will be sought for
long term loan to MLC and potentially placed in the Great Lakes Naval Museum and Memorial for
display. The lens has to be evaluated and a determination made whether or not it is in a condition to put
on display. If it is not, it will be restored and then put on display. The estimated cost to inspect, restore
and exhibit the lens is $15,000.
PRESERVATION EXPERIENCE
Regarding preservation experience, one of the Michigan Lighthouse Conservancy’s primary missions is
the collection and preservation of U.S. Lighthouse Service and U.S. Life Saving Service artifacts. Jeff
Shook has worked extensively with numerous types of these artifacts. Some of these artifacts have been
restored and featured with short term loans out on public displays, including the Great Lakes Lighthouse
Festival, Marquette Maritime Museum, Great Lakes Shipwreck Society at the Whitefish Point Lighthouse
and Point Betsie Lighthouse and during programs MLC has given to school children for example. Jeff
Shook and MLC participated in the Michigan Women’s Historical Center – Women of the Lights exhibit
during the summer of 2008 by supplying artifacts, signs and supporting documentation for the exhibit.
2009 Exhibit programs include the Pointe Aux Barques Life Saving Station at the Huron City Museums
and the Dossin Great Lakes Maritime Museum in Detroit, MI. A permanent artifact display has been
placed and interpreted in the Pointe Aux Barques lighthouse in 2008. Public outreach is also
accomplished through MLC’s web site where people can view our online museum of light keepers’ tools
and read about how they were used.
Jeff Shook, president of MLC, also has personal experience in historic lighthouse restoration after
acquiring the Saint Clair Flats Range Light Station during a General Services Administration public
auction in May of 2001. This station was originally built in 1934 by the U.S. Lighthouse Service to guide
ships into the St. Clair River north of Detroit. After the U.S. Coast Guard merged with the Lighthouse
Service, the property evolved into a search-and-rescue station. The grounds consist of three houses, two
of which are original Lighthouse Service houses and one non-historical house. Since 2002 the property
has been undergoing historic restoration. The restoration work has been completed for one of the
historical houses and the exterior work is 90 percent complete for the second historical houses exterior
and the interior is prepped to start work. The third house was purchased from a civilian by the Coast
Guard to expand the station in the 1970’s and is not historical, but has been remodeled. During the
restoration process, the Secretary’s of Interiors Standards for Rehabilitation have been followed along
with the Lighthouse Preservation Handbook. Numerous meetings were held with Michigan’s State
Historic Preservation Office (SHPO) and a preservation plan was put into place. This restoration project
gave MLC valuable hands-on experience in dealing with the SHPO, including a familiarity with the
documentation that is required for such projects. All of the restoration plans were approved by SHPO and
proper restoration was carried out.
Jeff Shook has also attended numerous historic lighthouse educational conferences and seminars over the
years, including the Save Our Lights conference held in Mackinaw City, MI in 2001 and the National
Park Service’s Lenses and Lanterns II workshop held in Buffalo, NY in 2003. The latter provided
particularly valuable information regarding lantern room preservation and Fresnel lens restoration. Jeff
has been a Secretary for the Michigan Lighthouse Alliance for several years and prior to that a board
member. Jeff worked on the preparations for the recent lighthouse conference in Traverse City, MI. in
June of 2008, but was unable to attend himself. Jeff is also currently the Vice President of the US Life
Saving Service Heritage Association, which affords him a lot of experience with Life Saving Stations.
What’s more, through his full-time position at NLB Corporation, which manufactures high-pressure water
jetting equipment, Jeff Shook has extensive contacts with all of the large coating manufacturers, including
Sherwin Williams, International Paint, Jotun and Hempel. Through these contacts MLC has learned that
these companies would be willing to donate coatings to a lighthouse restoration project.
17
Terry Pepper, the Great Lakes Lighthouse Keepers Executive Director has provided a letter of support
regarding Jeff Shook’s experience which is included in (Appendix-13).
MLC also serves as a clearinghouse for historic lighthouse information in Michigan and has provided
numerous support services to other lighthouse groups in the region. For example, the Port Washington,
Wisconsin lighthouse lantern room restoration project received crucial assistance from the Michigan
Lighthouse Conservancy with their lantern room reconstruction project. The Port Washington Lighthouse
was built in the 1850s with a 10-sided lantern room. That lantern room was removed and lost long ago.
MLC was able to provide Port Washington volunteers with copies of detailed drawings that MLC had
acquired as part if its archival collection. The drawings included written specification on a 10-sided
lantern room built in 1852 for a light station in the Milwaukee area. With these plans in hand, the Port
Washington Historical Society was able to have the lantern room fabricated to historical standards and the
lighthouse was subsequently opened to the public. Throughout the process, MLC provided regular
support by answering numerous follow-up questions and helping the Port Washington volunteers with
trouble-shooting and other problem solving.
In another example of MLC’s restoration assistance, the Delta County Historical Society in Michigan’s
Upper Peninsula needed to find a vent ball for the top of the Escanaba Lighthouse, which the Society
operates. Volunteers in Escanaba contacted the Michigan Lighthouse Conservancy for assistance and
MLC helped them locate an original vent ball for a Fourth Order lantern room that was on the market. But
when the Society determined that this original vent ball was prohibitively expensive, MLC provided
copies of lantern room drawings and specifications of a typical vent ball for Fourth Order lantern rooms.
Those drawings proved to be of valuable assistance to the Society and a new historically correct replica
vent ball proudly sits on top of the Escanaba Lighthouse today.
In yet another example, MLC was contacted for advice on Big Sable Point’s lighthouse tower repainting
project. The Big Sable volunteers knew of MLC’s extensive experience and familiarity with the Steel
Structures Painting Council (SSPC) and the National Association of Corrosion Engineers (NACE)
guidelines as well as our familiarity with water jetting as a form of coating removal. MLC discussed the
positives of water jetting compared to sand blasting and low-pressure washing, and Big Sable ultimately
chose the low-pressure washing option for their tower painting project.
MLC has worked with the Gull Rock Lightkeepers since 2004 when we obtained the Gull Rock
lighthouse through the NLHPA process. With a memorandum of understanding in place at the time of the
NLPHA application to turn over Gull Rock lighthouse to Gull Rock Lightkeepers once preservation work
had started and the organization had established its foothold, the lighthouse deed was tuned over to their
organization during the summer of 2008. MLC continues to work with and support Gull Rock
Lightkeepers with restoration efforts at the Gull Rock Lighthouse to this day. MLC will continue to do so
into the future. As Gull Rock Lighthouse is still in the early stages of restoration, our knowledge will
improve over time of the types of preservation experience needed with this particular lighthouse. As Gull
Rock is a masonry and wood framed structure, it is different that the all steel construction of the
Muskegon lighthouses.
These are just some examples of how the Michigan Lighthouse Conservancy has worked in numerous
different ways as a restoration support entity to other lighthouse organizations in the Great Lakes region
and worked on projects ourselves. This background has given MLC valuable experience and familiarity
with restoration procedures in Michigan, as well as the Secretary of Interiors Standards for Rehabilitation.
Two other team members for the Muskegon lights project are Sally Frye and Mike Schonsheck. Sally
Frye has numerous preservation experience with eighteen years on the Grand Traverse Lighthouse
Museum (GTLM) board. She has worked on two archaeological digs, scraped and painted buildings,
helped on foundation work and numerous other projects there. While President for 6 ½ years she was
involved with working with contractors to put the cupola back on the fog signal building, completely
removing the old coating on the exterior brick and painting the interior along with installing a new tin
18
roof inside it. Other projects include putting a new roof on the Grand Traverse lighthouse and completely
painting the exterior, new sidewalks and more. Sally started the education committee and hired their
executive director. She has spent countless hours researching in Washington DC., Chicago and all over
Michigan to build the history of GTLM and is actually working on writing a complete history.
At South Fox Island Lighthouse she has cleared trees, brush, and scraped and painted the carpenters shop
and helped to remove stone 4 ft. deep that buried a sidewalk to the boathouse. Sally was instrumental in
installing a webcam system atop the 132’ light tower and got it working between the island and GTLM to
help visitors experience South Fox in no other way.
At Mission Point she has cleaned the interior and patched and painted the walls. She ran their cash
register the first week open in 2008 and put through 550 people. Sally has been a board member of the
Michigan Lighthouse Alliance and helped plan the Traverse City, MI. 2008 conference. Sally will be a
valuable member of the team for the Muskegon lights.
Mike Schonsheck is Vice President of Shonsheck, Inc. located in Wixom, MI. They are designers,
builders and developers of commercial properties. Mike has 25 years of design/build experience in
operations, project management, engineering, estimating and supervision. Projects have included
commercial and industrial buildings, schools and day-care facilities, automotive dealers and retail stores.
Mike attended the General Motors Institute and Lawrence Institute of Technology Engineering Program
and is a member of the American Concrete Institute. Mike’s experience will valuable to the team in
regards to consultation on the entire project, estimating costs and being able to check on project details.
While Mike does not have any historic preservation experience, his building and management talents will
be of valuable assistance in this project we feel.
These two team members will be involved in the Muskegon lighthouses projects, but are not MLC board
members. These are two individuals with experience that we know that are willing to take and volunteer
time, experience and effort to help with this project. They can help with various parts of the project from
reviewing plans to administering contracts to whatever may be needed. If for some reason these people
leave the project, then we feel we have the resources to obtain replacements after we further develop our
working relationships with the local museums and other organizations in Muskegon.
MLC has received a letter of support from the City of Muskegon for our application for obtaining
ownership of the lighthouses. The City will offer what advice and help they can to assist in our efforts
when needed. The Cities staff may offer advice and expertise on the projects as well as possibly help
review plans, sign off on grant requests and help with the use and preservation plans. We will be
consulting them throughout the entire process.
MAINTENANCE PLAN
The maintenance plan for the lights is outlined above in the excerpted preservation and maintenance plan
from UP Engineers and Architects. Additionally, with regards to the light towers, MLC will do regular,
though minor, cleaning in the towers, which have spider webs and some rotten plaster and paint flaking.
After restoration, this will be reduced to regular house cleaning and spider web removal.
The lights will be inspected each year in the spring and fall and a form will be developed for such
purposes to note joint and fastener conditions, coating condition and such things as when it is raining to
check for water leaks and so forth. This form will evolve over time as needed with more details. These
reports will be compiled into a log book to track any changes over time and will probably end up
computerized. If any maintenance work is done, it will be noted in this log book.
Between heavy maintenance cycles, spot repairs will always be needed and accomplished on an as needed
basis. All vandalism will be dealt with swiftly.
19
Regarding a maintenance plan for the natural environment, there is no need for one to be done. There is
no lawn to mow or trees on the piers. The piers that the lights both sit atop of are Army Corps of Engineer
structures, which are exclusively maintained by them. There is nothing that falls within the scope of the
lights and their location on the piers for this activity. If MLC is allowed to place the handicap ramp on the
pier, this could be designed to be removable for the winter months so it is not damaged by ice, this ramp
will be added to the inspection log and occasional repairs performed as needed.
Regarding maintenance experience, Jeff Shook, president of the Michigan Lighthouse Conservancy does
have some limited maintenance planning experience for the Saint Clair Flats Range Light Station that he
has owned since 2001 which is noted in the previous Preservation Sections text. Sally Frye’s experience
is also noted above.
Regarding archeological sites, there are no known archeological sites for the Muskegon lights, and there
are no known endangered species there either.
USE PLAN
MUSKEGON SOUTH PIERHEAD LIGHT USE PLAN:
Once the light is stabilized, restoration underway, and certain safety conditions are met for the South
Pierhead Light such as adding some sort of stairway balusters and a hole in the floor is fixed, public tours
can start for this structure. We need to do more research with safety officials and the City Building
Department to see what criteria need to be met for public safety. MLC plans to work with the Great Lakes
Naval Memorial and Museum to train their volunteers and staff on the lighthouses so public tours for the
South Pierhead Light can start. In the mean time, MLC remains committed to providing safe, limited
private tours for lighthouse groups, historical societies and other interested parties under strict supervision
until then. Until these certain conditions can be met, we are not in a position to publish any dates, times,
etc. for the South Pierhead Light to be open at this time, but generally lighthouses are open during the
summer months on the weekends as volunteer staff are needed from somewhere around 10AM to 3 or
4PM. Other times can be requested and discussed for privately arranged tours.
Wheelchair access currently is not possible with the rise in the concrete pier structure, however, MLC
will seek the permission of the Army Corps of Engineers to build and place a wooden wheelchair ramp to
overcome this approximate one foot rise in the pier. This will allow access from the Pere Marquette Park
parking area with a smooth surface path from the parking area, through the NOAA station and onto the
pier structure. Once on the pier structure and after the NOAA station, the ramp would allow wheelchair
access for the first time to this light. Many lighthouses do not offer wheelchair access and we think this
will be one of the few possibilities for someone in a wheelchair to get up close to a lighthouse. This is all
depending on obtaining permission from the COE to do this.
One change we anticipate to the interior of the South Pierhead Light is the installation of some type of
balusters between the steps and hand rail leading up the stairs of the lighthouse or some type of safety
cable railing system to provide for a safer visitor experience. There is currently a limited amount of
balusters present going up the stairs, on the first landing, and at the top of the light. Mainly a hand rail is
present for the entire length of the steps to the lantern room with a few balusters present leaving large
open areas that someone could potentially fall through. For safety reasons of tour groups, especially those
with younger children to open the interior of the light up for public tours, we would like to develop an
equitable baluster solution that is respectful in appearance and safe for these types of activities. We will
consult with the National Park Service on this and other topics as required. The National Park Service
will consult with the Michigan State Historic Preservation Office (SHPO) for any proposed actions
requiring compliance with Section 106 of the National Historic Preservation Act, as amended. Until this
is accomplished, limited private tours can be considered.
20
We anticipate placing some signage relating to the lighthouse on the interior of the lighthouse to help the
public interpret it better.
MUSKEGON SOUTH BREAKWATER LIGHT USE PLAN:
The proposed use of the South Breakwater Light at this time is to maintain it, interpret it (especially at the
GLNMM), and keep the scientific environmental monitoring instruments in place from NOAA. Public
tours are not planned because of safety reasons with the ladder climbing involved and small platform at
the top. Small limited private tours could be arranged upon request for interested parties at the base of the
structure. The interior is very cramped and to get to the top and you need to climb up a narrow
passageway ladder for each level, making it a challenge for anyone to climb. Also, the top walkway is
another difficult climb up a small ladder to access to the platform.
To get to the South Breakwater lighthouse, pedestrian traffic has to walk out a narrow Army Corps of
Engineers pier structure with the majority of it not having any safety hand rails. The City of Muskegon
added white low power solar safety lights to the structure in the past few years to alert boaters to the pier
as well as provide a faint walkway light for anyone on the pier near dusk or dawn. The handrail only
extends out for a short portion of the entire pier and we are not going to encourage anymore pedestrian
traffic than what is currently using it for safety reasons.
This structure will be maintained and used for very limited activities and very limited requested private
tours at the base of the structure. The USCG will still be maintaining access for their ATON equipment,
which includes an active light and fog signaling devices at the top of this structure. NOAA currently has
environmental monitoring sensors on the light, which they will need access for this instrumentation.
Other than these activities, no other uses are planned at this time for the South Breakwater light. The
Coast Guard has a solar battery charging station in the Breakwater Lights first floor that the general
public should not have access to.
MLC’s intent is to locate a place an interpretive sign or two along the south breakwater relating to that
specific structure and referencing the South Pierhead Light. MLC intends to obtain permission from any
sources necessary for this.
GENERAL USE PLANS:
MLC has created good working relationships with several organizations in Muskegon (NOAA, COE,
USCG, GLNMM and the City). The Great Lakes Naval Memorial and Museum, which is located up the
channel has just built a new facility and they have graciously extended a hand to MLC to work with us in
a number of ways. They have provided a letter of support in (Appendix-13). While nothing is formalized
because we are not yet the owner of the lights, we anticipate the following taking place with these various
organizations. We think that having the support of the new GLNMM facility and their membership will
help enhance our stewardship of the lighthouses as well as create a joint way to draw people to both
attractions. The GLNMM is a destination for 60,000 visitors annually.
MLC intends to seek a volunteer staff from the surrounding community and from the GLNMM volunteers
once the deed is transferred. MLC intends to collaborate on ticket sales for tower climbs with GLNMM.
We intend to charge a minimal fee of a few dollars or request a donation for the tower climbs to help
offset cyclical maintenance costs. If someone cannot afford a donation, privately in the spirit of being
kind, we will waive the requested amount or donation on a case by case basis. Because of the nature of
the lighthouse and having an active aid to navigation in it, guided tours are mandatory for these guests.
MLC’s intent to work with all the other agencies involved (NOAA, COE, USCG, GLNMM and the City)
to make the tours and rehabilitation of the lights a success. We intend to acquire any necessary permits,
memorandum of understandings, easements or right of way permissions for the various activities
mentioned.
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The GLNMM cares for two historic WWII vessels, the USS Silversides submarine and the USCGC
McLain, a prohibition-era 125 boat. The new museum building opened in the summer of 2008 offers
military artifacts, a theater and gift shop. A research library with internet access to Navy archives, and a
conference and banquet facility round out the facility. The facility is also a staging area for all of the scout
groups that typically stay on-board the submarine for overnight camping. The GLNMM is a starting point
for a new Maritime Heritage Trail that leads to the South Pierhead Light from their facility. The trail is a
collaboration of several organizations led by NOAA.
MLC can help enhance the Maritime Heritage Trail by preserving the lighthouses. The South Pierhead
Light is the last point on the three-quarter mile long Maritime Heritage trail with the beginning at the
GLNMM. This trail goes through city parks and Federal property and is enhanced by thirty 24” x 36” full
color interpretive wayside markers detailing the history of the NOAA field station, resident agencies,
local maritime industries and cultural heritage. While most of the signage was completed in the fall of
2008, we can help enhance future and or additional signage, and interpretation.
MLC intends to contribute exhibits at GLNMM by setting up lighthouse related information on history,
technology, local Muskegon Keepers and possibly a classical Fresnel lighthouse lens. There is almost
17,000 square feet of exhibit space in the facility. Lighthouses are known to draw crowds and enhance
visitation. Signage will help lead people to the GLNMM to see these exhibits. By placing an exhibit in the
museum about the lighthouses; it will increase the educational possibilities.
At least one classical lighthouse Fresnel lens could be displayed if it were able to be obtained from the
USCG on loan. A partial replica lantern room can be constructed to display it in. MLC already has the
signage on the lighthouse lens history and its development. Other information on fog signals, minor aids
to navigation and lighthouse Keepers lives can be displayed. Lighthouse related artifacts can be displayed
as well. Every year or two we can either rotate part of the information and exhibits or make parts of the
display changeable.
The new GLNMM facility has a large 180 seat banquette facility to use by MLC for an annual fund
raising dinner. MLC can also use the large 72 seat theater for program presentations on the lighthouse and
USLSS for public education. The GLNMM also sponsors a Sea-Cadet program out of the facility, getting
youth involved. We are not sure at this time what they might contribute to the lighthouse program. There
probably exist more collaborative efforts we can pursue in the future as things grow and develop and we
will explore those as needed.
As part of an educational component, MLC received a letter from Southern Exposure Renewable Energy
regarding developing a 21st Century educational project to help students realize the innate historical,
cultural and scientific value of the lighthouses as portals to the Great Lakes. A curriculum will be
developed that will utilize the lighthouses as resource tools to launch marine based and meteorological
learning initiatives. See (Appendix-13) for the included letter of support with this information. MLC will
explore this educational opportunity moving forward with the project.
The NOAA Lake Michigan Field Station headed up the Maritime Heritage Trail project and its formation.
MLC has created a working relationship with NOAA as well. Currently the NOAA facility is located in
the 1905 US Life-Saving Station. In the lookout tower of the station are web cams that can be accessed
via the internet that view the both lighthouses and the surrounding harbor. MLC has permission to link to
these web cams to use them for real time viewing of the lighthouses on our web site. We also have verbal
permission on making enhancements at our cost to these web cams. This provides one means of handicap
access to see the lighthouses in real time and to the surrounding area.
With the formation of the Maritime Heritage Trail the walkway to the South Pierhead Light is formalized
with a yellow striped walkway leading through the NOAA property to the south pier from the Pere
Marquette Park, this allows the public to locate it easier. If it is not already installed, a “to the lighthouse”
sign will guide visitors through the NOAA property to the south pier. If signage needs to be enhanced
22
from what is already installed, MLC will work with NOAA on improvements. See the walkways path
highlighted in (Appendix-7).
Visitor parking will not be allowed in the NOAA facility for the general public, except MLC related
workers who pre-arrange a visit, can park if there is adequate room. MLC will also need access through
the NOAA property to maintain the light and help stage equipment for restoration and by working with
NOAA, we can accomplish this.
NOAA also maintains weather sensors on the South Breakwater Light, with a potential transfer of
ownership; NOAA has expressed the concern of keeping their instrumentation on the light tower. MLC
has agreed that we would honor their current use and permission obtained from the US Coast Guard for
this purpose and a memorandum of understanding would be signed by both parties. MLC will assure
NOAA that it supports environmental research and scientific study and we will still allow them access to
place sensors on the light tower.
Lastly, with MLC’s goal to help keep Life-Saving Stations preserved, this fits in perfect with NOAA’s
function of maintaining this historic structure as well.
Regarding disability access to the South Pierhead Light, along with the web cams already in place, MLC
will propose to the Army Corps of Engineers that a wooden handicapped ramp is built just to the West of
the NOAA station where the pier rises straight up about a foot high. Currently wheelchair access is not
provided to either light and the South Pierhead is the only one that has railings along the entire length of
the structure. Currently individuals can view both lighthouses by boat from the water, from the beach
parking area, the NOAA web cams on their web site as well as obtain information about the lights on the
MLC website. The MLC website will include a special section on the Muskegon lighthouses, including
many of the contemporary photos found in the appendix and much of the history we now have on the
station since undertaking this application project. The website will be reviewed for ADA compliance. In
the future, a video of the lighthouse will be made available for download to help enhance understanding
of the lights.
FINANCIAL PLAN:
The Michigan Lighthouse Conservancy is a Michigan non-profit corporation founded in December of
2000. MLC’s nonprofit status was granted in 2001. Current cash assets as of December 8, 2008 consist of
$8,212.63 held at The State Bank in Fenton, Michigan. MLC’s most recent IRS Form 990 (FY2007) has
been included with this application as (Appendix 8). A copy of the checking account statement has been
included with this application as (Appendix 9). There is no audited financial statement as it would be cost
prohibitive to produce at this time.
Though the current assets of MLC are modest, it should be noted that MLC has more than enough funds
to cover the first year’s insurance expenses for the Muskegon lighthouses as well as carry out the
immediate stabilization needs. Per the budget materials included with this application in the preservation
and maintenance plan, it is planned that these initial amounts will be quickly augmented through an
aggressive fundraising campaign. Since MLC has turned over the Gull Rock Lighthouse to the Gull Rock
Lightkeepers organization in 2008, our expenses for that have ceased altogether. Although we continue to
offer guidance and support through our network, we are no longer paying for insurance related to the
lighthouse or any direct expenses. Gull Rock Lighthouse successfully fundraised and obtained a Michigan
Lighthouse Project Grant with total funds of $40,000.00 to replace the roof on the lighthouse and privy,
which physically took place in 2008 and the grant was from 2007 for 50% of the total amount. MLC
assisted in this grant in both the fund raising effort as well as the paperwork.
Key team members of MLC have experience in grant-writing and successful fundraising in the non-profit
community. Jeff Shook, president of MLC and currently Vice President of the US Life Saving Service
Heritage Association has raised thousands of dollars toward preservation projects. Sally Frye has much
23
more grant writing and fund raising experience from her years of service at the Grand Traverse
Lighthouse Museum among other nonprofit lighthouse organizations. With these individuals’ guidance
and assistance, MLC will embark upon an extensive grant-writing campaign to start raising the funds
necessary to hire the professional contractors that will be needed to restore, refurbish and rehabilitate the
Muskegon lighthouses under the Secretary of Interior’s Standards for Rehabilitation.
With restoration costs being a major cost driver, a private company has pledged support in this area for
the surface preparation part of the project of approximately $20,000.00+ worth of equipment and
manpower. The company wishes to remain anonymous in this application. While this pledge is good
news, we feel if it was not realized, it would not hinder our project for very long. Additional support may
be requested if needed. We feel contacts with other corporations could fetch financial results of varying
degrees for restoration efforts.
Past experience has shown that organizations that do not have a physical asset for preservation like a
lighthouse, do not raise funds effectively most of the time. People who are interested in preservation and
lighthouses want to have the satisfaction of seeing physical work accomplished and these lighthouses will
serve as our physical structures for people to focus our fund raising efforts toward.
During the following year after transfer of the deed to the lighthouses, a grant will be applied for from the
Michigan Lighthouse Assistance Program to conduct a Condition Assessment Report and possibly a
Historic Structures Report for the Muskegon lighthouses. Matching funds will be applied for from the
foundation community, corporate donors and private contributors. Grant applications ranging from
$5,000 to $100,000 will be submitted to the following foundations and corporations: Michigan
Community Foundation; Muskegon Community Foundation; American Express; Domino’s Pizza;
Americana Foundation; Michigan Architectural Foundation; Cleveland-Cliffs Foundation; U.S. Steel
Corporation Foundation; Stanley and Blanche Ash Foundation; Lowe’s; National Trust for Historic
Preservation; the Michigan Council for the Arts and Cultural Affairs; and the Michigan Humanities
Council. This is only a partial list as research is underway to target foundations and other entities with a
history of funding historic preservation and/or the arts, both inside and outside the state of Michigan. All
the foundations and corporations listed above are potential supporters for brick-and-mortar restoration
work and some educational exhibit grants.
As a long-term goal, MLC intends to look into setting up an endowment fund to financially support the
Muskegon lighthouses through an organization such as the Community Foundation of Muskegon County,
which we have already been introduced to.
A specific Muskegon section of the MLC website will be established, and a “donate now” button will be
added to the Muskegon page allowing people to mail personal checks or make credit card donations on
behalf of the Muskegon lighthouses into a dedicated bucket. All deposits for Muskegon will be noted and
set aside for light station maintenance and preservation expenses.
With the various contacts being made through this process, a Friends of the Muskegon Lighthouses group
is anticipated on being formed to provide local support and fund raising efforts. Regarding having an
annual banquet, 50/50 raffles and other fund raising activities, it is difficult to accurately calculate exact
figures on how much revenue such activities might produce. The Friends group of volunteers would assist
in these various activities of fundraising and community networking. While they will have no formal
management say in the lighthouse, it is thought that this would be one core group of people that could be
considered should someone from MLC leave. Also, if MLC were to turn the lights back over to National
Park Service at some point in the future, this group would be a natural replacement pool to pull from for
new stewards as well as the GLNMM.
It was proposed to put together a budget summary for the lights, but after reviewing this process more, so
many variables play into this, that at this time it is just not feasible to put down on paper all the
possibilities for the activities that need to take place as well as some of the maintenance costs yet until we
can conduct the Condition Assessment Report and develop something after that.
24
For all other outreach projects, public tours and various fund raising activities, we will not truly
understand these costs yet until we get into and plan for these activities. The banquette center and the
GLNMM is brand new and the menu is just being developed. We know we will be charged at cost, but we
do not have this information yet. Based on similar programs and expenses, it is difficult to determine what
profits could be generated by an annual fund raising dinner and silent auction for example, but profits
from other lighthouse organizations indicate anywhere from $500 to $5,000 on average, possibly higher
depending on the silent auction items and donations taken in at the event.
The educational outreach programs with GLNMM and the proposed Southern Exposure Renewable
Energy education plan are the burden of those organizations and we do not anticipate any significant
expenses with those activities. MLC would supply the information and photographs to assist in these
efforts, mostly in digital format at no cost.
MLC has received a letter of support from the City of Muskegon for our application for obtaining
ownership of the lighthouses. The City will offer what advice and help they can to assist in our efforts
when needed. The Cities staff will help review plans and sign off on grant applications that are only
obtainable through a municipality. This will be of great financial benefit to MLC. We do not yet know
what amount of funding this will yield.
It is difficult to estimate annual maintenance costs before a Condition Assessment Report has been
completed, but it is estimated that initial annual maintenance expenses will be approximately $1,000, with
an additional $500 in transportation costs to Muskegon and $1,300 in insurance costs. It is estimated that
roughly $500 in additional support costs will be incurred on an annual basis for general expenses
including postage, long-distance phone coverage, printing costs, and other miscellany. That makes total
annual maintenance and support expenses of approximately $3,300. This money will be raised through a
variety of avenues including donations and from general support. Line-item capital improvements for the
light station will be paid for separately, as needed, through specified fundraising efforts.
Once the Condition Assessment Report is completed, funds will be raised from the sources listed above to
embark on fundraising for the restoration, renovation and exhibit projects referred to in the preservation
and maintenance plan.
It should also be noted that approximately $4,500.00 has already been invested by MLC in researching
the history of the Muskegon lighthouses, securing a consulting engineer, obtaining architectural and
engineering drawings, archival photos, and transportation to and from the site.
MLC’s only other commitment financially is the restoration of a 1909 USLSS lifeboat. This funding is
separate from anything lighthouse related and is its own dedicated project. No funds are intermixed
between the lighthouse side and the USLSS side.
With the countries current economic crisis, it is difficult to determine what might happen with our fund
raising efforts in the near future. If for some reason the necessary funds cannot be raised and it is
determined that MLC’s efforts are not prevailing, MLC intends to mothball the lighthouses until funding
can be secured. If funding cannot be secured after a period of time, MLC will contact the National Park
Service and put the lighthouses back into the NLHPA process and assist in finding another steward for the
lights.
The fund raising and grant ideas are so numerous that they cannot all be mentioned here. What must be
understood is that we know what the estimated full restoration costs are and we intend to raise the
necessary funds to accomplish that as well as the regular maintenance of the lights.
25
MANAGEMENT PLAN
The Michigan Lighthouse Conservancy (MLC) is an IRS registered 501(c)3 nonprofit corporation whose
mission is to promote the preservation of Michigan’s lighthouses and lifesaving station structures and the
artifacts associated with them. MLC works to help restore lighthouse and light-saving structures and
create museum exhibits and or suggest other appropriate reuses of these properties. MLC has acquired an
extensive collection of historically significant lighthouse artifacts that have been preserved and are used
in portable public displays. MLC has also developed a comprehensive historically accurate website
dedicated to all the historic light stations in the state of Michigan.
MLC has an established a board of directors, and currently is governed by a president, Jeff Shook; a vice
president, Chris Baron; a secretary and treasurer, Lindsay Sessink, and one other director Brady Ferron,
all of whom serve as board members for MLC. The board members have developed a succession plan in
the event that Jeff Shook is no longer willing or able to carry on as the president and chairman. The plan
states that in such a case, the board will call a special meeting where one board member will be appointed
as the interim chairman and president until a search for a replacement can be conducted. The Michigan
Lighthouse Conservancy is the entity applying for conveyance of the both the Muskegon South Pierhead
and South Breakwater Lights in this application, and if this conveyance application is accepted, would be
the only entity listed on the deed. Michigan Lighthouse Conservancy is not a membership organization,
but has 32 active donors on its list.
MLC is not seeking additional board members, but intents to organize a Friends of the Muskegon
Lighthouses group of people to help manage local operations starting with the GLNMM. The Community
Foundation of Muskegon also will be consulted for their expertise and assistance. These organizations
should also provide assistance should MLC have key personnel leave the organization.
Please find attached to this application in the (Appendix 13), letters of support from the following entities:
The City of Muskegon, Mayor Stephen J. Warmington; US Department of Commerce - National Oceanic
and Atmospheric Administration, Office of Oceanic and Atmospheric Research, Great Lakes
Environmental Research Laboratory, Marine Superintendant Dennis Donahue; and Great Lakes
Lighthouse Keepers Association, Executive Director Terry Pepper. Great Lakes Naval Memorial and
Museum, Executive Director Brian Hughes; and Southern Exposure Renewable Energy Company, James
W. Bates are all included here for reference.
ENVIRONMENTAL QUESTIONNAIRE
1: Please describe the specific property that will be directly affected in terms of its current use and
proposed use. If the land is in a natural state, please provide a brief description with respect to plant and
animal life.
Both lighthouses sit on top of pier structures as part of the entrance to Muskegon Lake from the Lake
Michigan side. The light towers footprints are the only property that is included in the deeding process,
therefore there is no additional surrounding land affected in reference to this property.
2. Describe the surrounding area. Is it primarily residential, industrial, agricultural, etc.? Is the property
in a rural, urban, or suburban area? Has the area been formally zoned for specific uses? Please provide
a map of the immediate area covering approximately one square mile.
Both lighthouses on their western exposure are surrounded by the waters of Lake Michigan and the
attendant pier structures of the Army Corps of Engineers. Both southern exposures are sandy beaches
adjacent to the 27 acre City of Muskegon Pere Marquette Park. There is a concession stand and restrooms
located in the park between the piers for each light. The northern exposure for the lights is the protected
26
harbor and channel entrance into Lake Muskegon. The western exposure to the Pierhead light is the
current US Coast Guard facility and the NOAA Lake Michigan Field Station. Cottages and lake-view
homes are situated along the park road. The area could be described as a seasonal resort type area.
3. If the proposed action is in a floodplain or affects a floodplain, please list all pertinent restrictions
(with citations) on land use under Federal, State and local laws and regulations, and any actions the
Applicant proposes to mitigate foreseeable adverse effects.
The proposed action is not in a floodplain. The structures are above an existing flood plain atop the Army
Corps of Engineers pier structures.
4. Will the proposed action directly or indirectly affect a wetland.
No they will not.
5. Will the proposed action have a direct or indirect effect on any Federally or State-listed endangered
species? If so, please describe any impacts as well as any actions the Applicant proposes in order to
mitigate foreseeable adverse effects.
There are no endangered species to be effected either directly or indirectly.
6. Is it reasonably foreseeable that the proposed activity will have a direct or indirect effect on natural
resources, land uses, or water uses in a coastal zone? If so, describe how the Applicant will comply with
the State’s enforceable and mandatory coastal zone policies. Please describe any impacts as well as any
actions the Applicant proposes in order to mitigate foreseeable adverse effects.
There are no foreseeable impacts on the natural resources, land or water in a coastal zone.
7. Approximately how many visitors will be introduced to the area on a daily basis during operations?
Approximately how many vehicles will be introduced into the area on a daily basis as a result of the
operation of the facility? Will there be any identifiable increased traffic in the surrounding area as a
result of the proposed use of the property?
Since both pier lights have had public access to the exteriors for some time now, the number of visitors
anticipated should remain about the same. We do not have any records to indicate pedestrian traffic. With
the introduction in 2008 of the Maritime Heritage Trail from the Great Lakes Naval Memorial and
Museum to the South Pierhead Light, an increase in visitor traffic should be anticipated for 2009, but the
impact is unknown at this time. Fishermen, walkers, beachgoers and lighthouse enthusiasts alike will
continue to visit regardless of the Maritime Heritage Trail.
8. How much water will the Applicant use on the property in a normal day? What system will provide the
water? (Name and address of system?) How much sewage will the applicant generate on a daily basis?
Will the sewage be handled by a sewage treatment facility? If so, please provide the name and address of
the system.
There is no running water or sewage demand, as there are no facilities on site.
9. Will the proposed use of the property likely result in the use, storage, release and/or disposal of toxic,
hazardous, or radioactive materials, or in the exposure of people to those materials? If so please describe
these proposed activities.
The site uses no hazardous, toxic, radioactive or other hazardous materials. The only possible exposure to
any material is during maintenance cycles that include painting the structures on a periodic basis. Lead-
based paint may exist on the property, though that cannot be confirmed at this time. Any hazardous
27
materials that are found will be disposed of under the state guidelines according to the Michigan
Department of Environmental Quality.
10. Will the proposed use of the property destroy or decrease access to any known or potential
archeological sites?
There are no existing or known archeological sites in this area.
11. Will the proposed use of the property violate or require variance from any Federal, Tribal, State or
local laws pertaining to the visual environment, odors, public health, and noise?
We have no plans or intentions to apply for variances that would adversely affect any surrounding
property via odor, visual impact, sound, etc. The current use is no in violation of any existing Federal,
Tribal, State or local laws, and we anticipate no change in use.
12. Will the proposed use of the property violate or require a variance from any Federal, Tribal, State or
local laws pertaining to land, air or water pollution or land use?
The proposed use does not violate any existing Federal, Tribal, State or local laws pertaining to land, air
or water pollution or land use. The current use is not in violation of any such laws, and no variances have
been required, and we do not anticipate any change from the existing use.
Name of preparer: Jeff Shook
Qualifications of the preparer: President, Michigan Lighthouse Conservancy
Contact information including mailing address, telephone number, fax number and email:
Standard mail: Next Day Air Packages
Michigan Lighthouse Conservancy NLB Corporation
PO Box 973, Fenton, Michigan 49430 29830 Beck Rd.
248.624.5555 (daytime phone) Wixom, MI. 48393
248.926.4350 (daytime fax)
[email protected] (email)
28
REAL ESTATE OUTGRANT APPLICATION
FOR USE OF AND/OR CONSTRUCTION ON FEDERAL REAL PROPERTY
U.S. ARMY CORPS OF ENGINEERS, GREAT LAKES REAL ESTATE OFFICE
BUFFALO, CHICAGO, AND DETROIT DISTRICTS
The following application must be submitted in order for an applicant to be formally considered for approval for use
of and/or construction on Federal real property under the jurisdiction of the U.S. Army Corps of Engineers’
(USACE) Buffalo, Chicago, or Detroit Districts. Examples of Federally owned real property may include, but are
not limited to, the following items: navigation structures, locks, dams, lands, and/or buildings, etc.
1. The applicant must submit this completed application by e-mail to [email protected] and by
regular mail to the attention of the: Great Lakes Real Estate Office, (M&D Staff), U.S. Army Corps of Engineers,
477 Michigan Avenue, Detroit, Michigan, 48226. All proposed requests should include the following information:
a. Applicant's name and title:
b. Name of agency or entity that the applicant is associated with:
c. Applicant's mailing address, phone number(s), and e-mail address:
d. Name and location (city/county/state) of the Federal project being used or constructed on for this
proposal:
e. Describe the proposed work to be performed, or manner of use of the Federal project, in detail.
Include a location map to show where in the Federal project work or usage is proposed to occur. Also,
include plan view and cross sectional view drawings of the proposal (if applicable):
f. This proposal is: Existing _____ Proposed _____
(Please note: If existing, this request is for after-the-fact permission; if this request is not approved,
existing improvements may have to be fully removed and restored, or modified.)
g. Describe the purpose or reason for requesting to use or construct improvements on the Federal project
(why the proposed use must take place on government real property):
h. Describe how the Federal project will be used or constructed on. Include photos of the Federal project
area(s) to be used or constructed on (if appropriate). If ground disturbance is involved, include the
dimensions and extent:
i. Indicate the approximate timeframe that the proposed construction or usage is to be accomplished. If
the construction or usage has already been completed onsite, please indicate the timeframe that this was
completed if requested after-the-fact:
2. Construction and/or usage shall not begin until written approval is obtained in the form of a Department of the
Army real estate outgrant agreement from the Corps. Upon completion of the review of the applicant’s request, the
Corps’ Great Lakes Real Estate Office will provide an unsigned copy of the real estate outgrant agreement to the
applicant, proffering tentative approval of the proposed project. The outgrant will be signed by the applicant first,
1
REAL ESTATE OUTGRANT APPLICATION
FOR USE OF AND/OR CONSTRUCTION ON FEDERAL REAL PROPERTY
U.S. ARMY CORPS OF ENGINEERS, GREAT LAKES REAL ESTATE OFFICE
BUFFALO, CHICAGO, AND DETROIT DISTRICTS
followed by countersignature from the Corps. If the outgrant proposal is denied or requires modification, the
reason(s) will be provided. Real estate outgrants include: licenses, leases, easements, consent to easements, and
real estate permits (to other Federal agencies).
Please be aware that most outgrants require the purchase of liability insurance, or a statement of self insurance, and
most outgrants also require the payment of fees to cover the administrative expenses incurred by the Corps resulting
from the review and processing of real estate outgrant agreements.
3. Additional comments by the applicant, (optional):
4. Signature Blocks:
Applicant:
_____________________________________________________
Name of applicant’s organization or agency
_____________________________________________________
Printed name of applicant’s representative
_____________________________________________________
Signature of applicant’s representative date signed
Agent, Sponsor, or Third Party Stakeholder, (if applicable):
_____________________________________________________
Name of organization or agency
_____________________________________________________
Printed name of representative
_____________________________________________________
Signature of representative date signed
2
REAL ESTATE OUTGRANT APPLICATION
FOR USE OF AND/OR CONSTRUCTION ON FEDERAL REAL PROPERTY
U.S. ARMY CORPS OF ENGINEERS, GREAT LAKES REAL ESTATE OFFICE
BUFFALO, CHICAGO, AND DETROIT DISTRICTS
*** Please note: This document is an application form only, it is not approval to perform the work or to use Federal
real property. A formal real estate outgrant agreement, to be signed by both the applicant and the Corps, will be
issued if the use of and/or construction on Federal real property is approved. ***
(Application last updated on 2022Oct7 by SSS.)
3
City of
Muskegon
Recap Since Last Update
Current status of
Both the South Break Wall and South Pierhead
Muskegon’s Lighthouses are owned and maintained by the Michigan
Lighthouses Lighthouse Conservancy (MLC) of Fenton, MI
The MLC has a lease through 2035 with the U.S. Army
Corps of Engineers for use of the break wall and
pierhead.
The MLC is not in a position to continue its ownership
and stewardship of the Muskegon Lighthouses and has
asked the City of Muskegon to take ownership and
maintenance.
Process of
transferring
the Muskegon
Lighthouses to
the City
South Break
Wall
Lighthouse
Renovation
Future city maintenance
and liability
Need for a Friends of the
Muskegon Lighthouses
group
What's Next?
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 9, 2023 Title: Sale of 909 Washington
Avenue
Submitted By: Hope Griffith Department: Planning Dept.
Brief Summary: Staff is seeking authorization to sell the City owned vacant lot at 909 Washington
Avenue to Aleschia Loughridge.
Detailed Summary & Background:
Ms. Loughridge would like to purchase the City owned buildable lot at 909 Washington Ave. for
$3,675 (75% of the True Cash Value of $4,900) plus half of the closing costs and the fee to
register the deed. Ms. Loughridge will be constructing a single-family home on the property.
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: Authorize the Code Coordinator to complete the sale of 909 Washington
Ave., as described in the attached purchase agreement and to have the Mayor and Clerk sign the
purchase agreement and the deed.
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:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date:May 9, 2023 Title:Gaming Resolution
Submitted By: Ann Meisch, Clerk Department: City Clerk
Brief Summary:
Muskegon Pride is requesting Recognition as a non-profit in the City of Muskegon for the purpose
of obtaining charitable gaming licenses for raffles to raise money.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Action Item 2022 – 1.4 Proceed with events and activities
Amount Requested: n/a Amount Budgeted: n/a
Fund(s) or Account(s): Fund(s) or Account(s):
Recommended Motion:
To approve the request from Muskegon Price to be recognized as a non-profit operating in the City
of Muskegon for the purpose of obtaining a charitable gaming license.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head Information Technology
Yes
Other Division Heads Communication
Legal Review No
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 9, 2023 Title: Electric Demand Response Agreements
Submitted By: Dan VanderHeide Department: DPW
Brief Summary: Consumers Energy has provided contracts for the water filtration plant, City Hall,
and the Central Fire Station that allows them to suspend electrical service under certain peak
conditions at which time these facilities would operate under generator power.
Detailed Summary & Background: Consumers Energy would retain the right to suspend electrical
service to the Water Filtration Plant, City Hall, and Central Fire Station under certain peak
conditions. These occurrences are limited to five (5) occurrences annually each not to exceed 4
hours. Consumers Energy will compensate the City for enrollment in this program. Staff has
reviewed the contract and confirmed generator capacity to ensure compliance with the agreement.
Staff is recommending the 2 year option, which includes a combined annual payment in the
amount of up to $20,000 in year one of the agreement, and up to $22,500 in year two.
Goal/Focus Area/Action Item Addressed: Foster strong ties among government and community
agencies, and Sustainability in financial practices and infrastructure.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
Authorize staff to enter into agreements with Consumers Energy for Demand Response at the
Water Filter Plant, City Hall and Central Fire Station for a period of 2 years.
Approvals: Legal Review Guest(s) Invited / Presenting
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
For City Clerk Use Only:
Commission Action:
2024 EMERGENCY WITH GENERATOR COMMERCIAL AND
INDUSTRIAL INDUSTRIAL DEMAND RESPONSE CUSTOMER AGREEMENT
Customer and Consumers Energy are referred to herein collectively as the “Parties” and each individually as a “Party” to this
Agreement.
Effective Date of Agreement: June 1, 2024
(Month/Day/Year)
Company: Customer:
CONSUMERS ENERGY COMPANY CITY OF MUSKEGON
a Michigan Corporation (Legal Name)
ONE ENERGY PLAZA 770 TERRACE ST
JACKSON MI 49201-2357 (Street & Number)
MUSKEGON, MI 49440
(City, State & Zip Code)
1. Initial Term: Shall commence on June 1, 2024 and shall run through (select one):
May 31, 2025 (1 year)
X May 31, 2026 (2 year)
2. This Agreement will become effective on the date identified above and will extend for an Initial Term through the
end date identified above. The Customer must notify Consumers Energy Company (“Consumers Energy” or the
“Company”) by September 1st in the final year of the Initial Term of their desire to renew participation in the
Demand Response Program (“Program”) through the execution of a new Program Agreement and the amount of
reduction/nomination kW for the following Program Period (June 1 through August 31st). Customer participation
under this Agreement shall be based on the limitations, terms and eligibility as described in the Company’s
Program and the Company’s Electric Rate Book, as approved by the Michigan Public Service Commission.
3. Program Description. Participants in the Program help reduce peak demand when energy use is the high and maintain
a ready supply of energy for Michigan. Participants will receive an annual Emergency Capacity Payment for the Delivered
Capacity amount specified in this Agreement within sixty (60) days after August 31st, the effective date of the DR season.
4. Administration Solutions. Customer agrees to work with Consumers Energy to develop an appropriate energy
reduction plan for Customer’s business; and (ii) to provide Consumers Energy access and use of contact, billing and
energy usage data, and facility information concerning each Site Address (as defined below) (“Customer Data”).
Consumers Energy shall manage Customer’s curtailable electrical capacity in the Program and upon notification by
Consumers Energy and acceptance by Customer, provide real-time support to Customer during demand response
events (“Demand Response Events”); and enable data transfer, monitoring and reporting of meter data and provide
technical assistance, maintenance, repair and hosting of the Monitoring System. In addition, as necessary,
Consumers Energy will coordinate with Customer to capture kilowatt-hour (“kWh”) pulses from Customer’s primary
utility meter to provide Customer near real-time, Internet-enabled power monitoring.
5. Monitoring System. Consumers Energy may equip one or more of Customer facility addresses (each address is
referred to as a “Site Address”) as identified on the Site Address Attachment attached hereto with the Monitoring
System, which includes site devices owned by Consumers Energy that can enable power metering, data collection,
Form 1569 3-2023 2024 Season – Emergency with Generator Page 1 of 16
near real-time data communication, and Internet-based reporting and analytics. There shall be no cost to the
Customer associated with the Monitoring System equipment or installation of the Monitoring System equipment.
6. Customer Support Requirements.
a. Representations and Warranties. Customer holds all applicable licenses and/or permits pursuant to the
Agreement that are required for the proper participation in the Program.
b. Demand Response Performance. Customer has the intent and ability to generate and/or reduce electrical
demand to achieve Contracted Capacity (as defined below) at each Site Address when notified by Consumers
Energy Demand Response Events.
c. Acceptance Testing. At each Site Address where the site devices are installed, Customer agrees to collaborate
with Consumers Energy in a timely manner in testing, enabling and maintaining the Monitoring System.
d. Energy Reduction Plan. Customer must provide to Consumers Energy their Energy Reduction Plan describing
the equipment and steps that will be taken to meet their curtailment nomination.
Program Rules. The terms of this Agreement reflect the current Program terms and conditions, which may be
amended from time to time by Consumers Energy. Amendments are mutually agreed between the parties and recorded
as an amendment or eliminate “which may be amended from time to time by Consumers Energy”.
7. The current terms are summarized below:
Program Availability During the Program period of June 1 – August 31, emergency events could be
called at any time Monday through Friday between 11 am and 7 pm in response
to Midcontinent Independent System Operator, Inc. (“MISO”) reliability
emergencies (“Emergency Event(s)”). Customer is required to participate in any
Emergency Event called by MISO.
Event Frequency and Duration Emergency Events – Up to five (5) events during the Program Period, up to four
hours each.
Advanced Notification Emergency Events – Customer will receive at least a thirty (30) minute but no
more than a six (6) hour notice in advance of an Emergency Event. Customers are
advised to estimate load reduction capability over a twelve (12) hour timeframe
for planning purposes.
Dispatch Readiness Test After Customer’s Energy Reduction Plan has been reviewed by Consumers Energy
and Customer’s site installation has been completed, Customer will receive an
email from Consumers Energy asking Customer to select a date to participate in a
thirty (30) minute Dispatch Readiness Test of Customer’s Energy Reduction Plan.
The Dispatch Readiness Test is optional to the Customer but recommended by
Consumers Energy.
Audit
Consumers Energy may call one (1), one-hour audit (“Audit”) per Program Period
to confirm Contracted Capacity (as defined below). If called, this audit is required
as the Customer’s program payment will be determined by performance during
the Audit event and the Customers Delivered Capacity (as defined below).
Online Portal
Customer may have access to an online portal “Dashboard” where Customer can
monitor their performance during both an Emergency and Economic Event.
Portal will be activated before the season starts on June 1.
Form 1569 3-2023 2024 Season – Emergency with Generator Page 2 of 16
8. Customer capacity.
a. Contracted Capacity. For purposes of this Agreement, “Contracted Capacity” shall represent the Customer’s
performance obligation (in kilowatts (“kW”). The Contracted Capacity shall be based on an analysis of
Customer’s prior summer consumption data, their Energy Reduction Plan and pre-enrollment load reduction
testing.
b. Delivered Capacity.
a. For purposes of this Agreement, an event’s “Delivered Capacity” shall be defined as the amount of
load in kW reduced for each hour in a Demand Response Event. Delivered Capacity for each event
hour is calculated as the difference between the measured energy demand and the baseline energy
demand. Consumers Energy will use a MISO-approved baseline calculation method. MISO’s default
baseline is the Ten-Day Baseline. The Ten-Day Baseline is calculated as the average hourly demand
from the previous ten (10) non-weekend non-holiday non-event days prior to the event. Customer is
required to reduce the full amount specified as Contracted Capacity for the hourly average of an
emergency event. Consumers Energy, at its discretion, can make an adjustment to the baseline
determined by the M&V Method of plus or minus 20% based on the energy usage three hours prior
to the beginning of the Emergency Event. An alternative baseline may be used, so long as it is pre-
approved by MISO. If no Emergency Event is called, the Delivered Capacity will revert to the
Contracted Capacity for the DR season. In a Program Period with multiple Emergency Events, the
Delivered Capacity will be based on the Customers average event performance during the terms of
this Agreement.
9. Environmental. In order for the engine to be considered an emergency stationary engine under 40 CFR Part
60 Subpart IIII, 40 CFR Part 60 Subpart JJJJ and/or 40 CFR Part 63 Subpart ZZZZ any operation other than emergency
operation, maintenance and testing, emergency demand response, and operation in non-emergency situations for up
to 50 hours per calendar year, as described in the applicable regulation(s), is prohibited. If Customer does not operate
the engine according to these requirements, the engine will not be considered an emergency engine and must meet
all requirements for non-emergency engines in the applicable regulations.
Emergency Demand Response Events per this contract are considered non-emergency situations (not to exceed
50 hours per calendar year). Power supplied as part of a financial arrangement with Consumers Energy must meet
all of the following conditions:
a. The engine is dispatched by the local balancing authority or local transmission and distribution system
operator.
b. The dispatch is intended to mitigate local transmission and/or distribution limitations so as to avert potential
voltage collapse or line overloads that could lead to the interruption of power supply in a local area or
region.
c. The dispatch follows reliability, emergency operation or similar protocols that follow specific NERC, regional,
state, public utility commission or local standards or guidelines.
d. The power is provided only to the facility itself or to support the local transmission and distribution system.
e. The owner or operator (Customer) identifies and records the entity that dispatches the engine and the specific
NERC, regional, state, public utility commission or local standards or guidelines that are being followed for
dispatching the engine. The local balancing authority or local transmission and distribution system operator
may keep these records on behalf of the engine owner or operator.
f. The owner or operator (Customer) is responsible for all EPA reporting requirements. Customers who do not
comply with EPA reporting may be removed from the program at Consumers Energy’s discretion.
Form 1569 3-2023 2024 Season – Emergency with Generator Page 3 of 16
10. Payments to Customer.
a. Emergency Capacity Payments. For a single year contract, the capacity payment price is $25/kW. For a two
(2) year contract, year one (1) the capacity payment price is $27/kW and the year two (2) capacity price is
$30/kW. Delivered Capacity capped at 250% per Program Period as defined in section 8(b). Consumers Energy
will pay Customer the Capacity Rate multiplied by the Delivered Capacity.
b. Emergency Event Energy Payments. In Program Periods when one or more Emergency Events are called,
Consumers Energy will pay Customer an energy payment of $50/MWh multiplied by the event’s Delivered
Capacity multiplied by the hours for each such event as defined in section 8(b) above.
c. During Non-Program Periods. Consumers Energy may call one or more Emergency Events. The customer is
under no obligation to participate. If they choose to participate, they will be paid $1000/MWh multiplied by
the event’s average Delivered Capacity delivered during the event. Delivered Capacity is capped at customers
contracted nomination.
11. Payment Timing. After an Emergency Event and Customer’s Delivered Capacity has been verified, Consumers
Energy shall make Emergency Event Energy Payments for Customer’s participation by the issuance of credits to the
Customer’s bill. The Emergency Capacity Payment will be made within sixty (60) days after August 31st, the effective
end date of the DR season.
12. Cancellation. Customer or Consumers Energy may cancel this Agreement or request to amend nomination(s) for
the next Program Period between October 1 – December 31, prior to the start of the next Program Period. Requests
to amend nomination(s) shall be granted at the Company’s discretion and shall only apply to the next Program
Period. Cancellation requests must be submitted in writing to:
[email protected]. The customer will be notified by Consumers Energy
if they cancel or are removed from the program.
13. Confidentiality.
a. Nondisclosure to Third Parties. In performing under the Agreement, each Party to this Agreement will be
exposed to certain Confidential Information (as hereinafter defined) of the other Party. Each Party on its own
behalf and on behalf of its employees, contractors and agents (collectively, “Representatives”) agrees not to,
except as required by applicable law or regulation, use or disclose such Confidential Information without the
prior written consent of the other Party, either during or after the Term. To protect Confidential Information,
each Party agrees to: (i) limit dissemination of Confidential Information to only those Representatives having a
“need to know”; (ii) advise each Representative who receives Confidential Information of the confidential nature
of such information; and (iii) have appropriate agreements, policies and/or procedures in place with such
Representatives sufficient to enable compliance with the confidentiality obligations contained herein. The term
“Confidential Information” means all information which is disclosed, either orally or in written form, by either
Party or its Representatives and shall be deemed to include: (w) any notes, analyses, compilations, studies,
interpretations, memoranda or other documents prepared by either Party or its Representatives which contain,
reflect or are based upon, in whole or in part, any Confidential Information furnished to a receiving Party or its
Representatives pursuant hereto; (x) any information concerning the business relationship between the Parties;
and (y) Customer Data.
b. Exclusions from Confidential Information. Notwithstanding the obligations in Section 13(a) above,
Confidential Information does not include any information that:
i. is or becomes generally known to the public without breach of any obligation owed to the disclosing Party;
Form 1569 3-2023 2024 Season – Emergency with Generator Page 4 of 16
ii. was known to the receiving Party prior to its disclosure by the disclosing Party without breach of any
obligation owed to the disclosing Party;
iii. is received from a third party without the receiving party having any knowledge of any breach by such third
party of any obligation owed to the disclosing Party; or
iv. was independently developed by the receiving Party without reference to or reliance upon the disclosing
Party’s Confidential Information.
14. Limitation of Liability. Consumers Energy’s and its contractors’ and subcontractors’ liability hereunder is limited to
direct actual damages as the sole and exclusive remedy, and total damages under the Agreement shall not exceed
$100,000 or the total amounts paid by Consumers Energy under the Agreement, whichever is less. In no event shall
either Party, its parent, officers, directors, partners, shareholders, employees or affiliates, or any contractor or
subcontractor or its employees or affiliates, be liable to the other Party for special, indirect, exemplary, punitive,
incidental or consequential damages of any nature whatsoever connected with or resulting from performance or
non-performance of obligations under the Agreement, including without limitation, damages or claims in the
nature of lost revenue, income or profits, loss of use, or cost of capital, irrespective of whether such damages are
reasonably foreseeable and irrespective of whether such claims are based upon negligence, strict liability contract,
operation of law or otherwise.
15. Additional Terms.
a. Customer also agrees, with respect to Consumers Energy’s management of the Monitoring System, it:
i. receives a limited, revocable, non-transferrable and non-exclusive right to use and access during the
Term the Monitoring System and shall use the Monitoring System solely for its internal use subject to the
terms of the Agreement and not for the benefit of any third party. Except as expressly permitted in the
Agreement, Customer agrees that it shall not receive any right, title or interest in, or any license or right
to use or access, the Monitoring System or any patent, copyright, trade secret, trademark or other
intellectual property rights therein by implication or otherwise;
ii. shall use the Monitoring System in accordance with all applicable law;
iii. shall not and shall prohibit causing or permitting, the copying, reverse engineering, disassembly,
decompilation or attempting to derive the source code of the Monitoring System, or other intellectual
property of Consumers Energy or creation of any derivative work thereof;
iv. expressly disclaims any passing of title to the Monitoring System, any trade names, trade dress,
trademarks, service marks, commercial symbols, copyrightable material, designs, logos and/or any other
intellectual property of Customer;
v. shall not delete, alter, cover, or distort any copyright or other proprietary notices or trademarks from the
Monitoring System and to use reasonable care to prevent the Monitoring System and Consumers Energy’s
intellectual property rights contained in the software from damage and unauthorized use.
b. Miscellaneous. Customer may not assign any of its rights or delegate any of its performance obligations
hereunder without the prior written consent of Consumers Energy. The Agreement, including all attachments,
constitutes the entire agreement between Customer and Consumers Energy and may only be amended in
writing signed by each of the Parties. If any of its provisions shall be held invalid or unenforceable, this
Agreement shall be construed as if not containing those provisions and the rights and obligations of the Parties
hereto shall be construed and enforced accordingly. This Agreement shall be binding upon the Parties together
with their successors and permitted assigns. Each Party shall be responsible for its Representatives’ compliance
with the Agreement. Customer shall promptly notify Consumers Energy in writing of any changes occurring
during the Term to the Customer address(es) set forth in this Agreement.
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c. Force Majeure. The Parties to this Agreement shall be excused from any failure or delay in the performance of
their obligations if such obligations are prevented from being fulfilled due to Force Majeure. A Party unable to
fulfill any obligation hereunder (other than an obligation to pay money when due) by reason of Force Majeure,
shall give notice and the full particulars of such Force Majeure to the other Party in writing or by telephone as
soon as reasonably possible after the occurrence of the cause relied upon. Telephone notices given pursuant to
this article shall be confirmed in writing as soon as reasonably possible and shall specifically state full
particulars of the Force Majeure, the time and date when the Force Majeure occurred and when the Force
Majeure is reasonably expected to cease. The Party affected shall exercise due diligence to remove such
disability with reasonable dispatch, but shall not be required to accede or agree to any provision not
satisfactory to it in order to settle and terminate a strike or other labor disturbance. A “Force Majeure” shall
include any act, event, or occurrence beyond the Party’s reasonable control, which the Party, despite its best
efforts, is unable to prevent, avoid, overcome, delay or mitigate, including but not limited to: floods, epidemics,
earthquakes, quarantine, blockade, war, insurrection or civil strife or terrorism, provided, however, that Force
Majeure shall in no event include (i) failure of Subcontractors or Suppliers to deliver services, materials or
components or receipt from any Subcontractor or Supplier of defective services, material or components unless
same were themselves caused by a Force Majeure Event; (ii) technological impossibility; (iii) a governmental act
or failure to act, or order or injunction, caused by any act or failure to act of the Seller or any Subcontractor or
Supplier; (iv) strikes or work stoppages; or (v) inclement weather.
d. Warranty Limitations. THE MONITORING SYSTEM (AND ANY SOFTWARE, HARDWARE, OR OTHER
COMPONENT THEREOF) AND ALL SERVICES HEREUNDER ARE PROVIDED AS IS BY CONSUMERS ENERGY
WITHOUT ANY WARRANTY OF ANY KIND. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
e. Governing Law; Actions; Etc.: This Agreement shall be deemed a Michigan contract and shall be governed by
and interpreted in accordance with the laws of the State of Michigan; excluding any conflicts of laws principles
that would result in this Agreement being interpreted in accordance with any different law. Venue for any lawsuit
arising out of or in connection with this Agreement shall be exclusively in the courts of the State of Michigan or
a Federal court sitting in the State of Michigan. Any legal action against Consumers Energy relating to this
Agreement or the breach thereof shall be commenced within one year from the date on which the claimed
breach, default or other cause of action arose (and, without limiting the foregoing, in all events not later than
one year after the date of completion or other cessation of performance of the work hereunder). This Agreement
is intended for the benefit of the parties herein only and does not grant any rights to any third parties unless
otherwise specifically stated herein. If Customer defaults in the timely performance of any of its obligations
hereunder, then Consumers Energy may, at its option, and in addition to any and all other rights or remedies it
may have hereunder or at law or equity, terminate this Contract by written notice to Customer.
IN WITNESS WHEREOF, and intending to be legally bound, the Parties have duly executed this Agreement by
their authorized representatives as of the Effective Date.
CONSUMERS ENERGY COMPANY CITY OF MUSKEGON
(Customer)
By: By:
(Signature) (Signature)
(Print or Type Name) (Print or Type Name)
(Date) (Date)
Form 1569 3-2023 2024 Season – Emergency with Generator Page 6 of 16
Form 1569 3-2023 2024 Season – Emergency with Generator Page 7 of 16
ATTACHMENT A -
CUSTOMER BASELINE CALCULATIONS AND PERFORMANCE OBLIGATIONS
“Original Baseline Demand” calculation methodology – for interruptions called on normal business days, calculate an
average hourly demand profile based on the demands created during the ten (10) non-interruption business days
immediately preceding an interruption notification, excluding Saturday, Sunday and holidays as recognized in the
Company’s Electric Rate Book (“Normal Baseline Demand”). .
“Day of Adjustment” calculation methodology - starts at the point of the interruption event and counts back four (4)
hours. (For purposes of clarification – for the “Day of Adjustment” calculation only the baseline is calculated beginning
from the start of the interruption event and moving backwards by four (4) hours). The “Original Baseline Demand” will
be ADJUSTED up/down on the day of an event by the ratio of (a) the sum of hourly demands for the three (3) hours
beginning four (4) hours prior to the interruption event and (b) the sum of those same three hours unadjusted
consumption baseline demands. The resultant change to the Original Baseline Demand is limited to +/- 20% of the
Original Baseline Demand and is referred to as the “Adjusted Baseline Demand”.
Demand Response Enactment Event examples:
*Prior 10 business day/24-hour baseline = 100 kW with a 20 kW Nomination amount (Use this information for all
scenarios).
Scenario #1
4 hours prior “Day of Adjustment” = 70 kW average demand for the 3 hours.
What is the Adjusted Baseline Demand to reduce power against = (The 70 kW average demand during the 3 hour “Day
of Adjustment” period represents a 30% decrease from the Original Baseline Demand, so the Original Baseline Demand
will be reduced by only 20%, as per the “Baseline” calculation methodology). Adjusted Baseline Demand = 80 kW.
To FULLY comply during this event - Load reduction = 80 kW – 20 kW (Nomination) = Customer would need to reduce
load to 60 kW to comply at 100%.
Scenario #2
4-hour prior “Day of Adjustment” = 110 kW average demand for the 3 hours.
What is the Adjusted Baseline Demand to reduce power against = (The 110 kW average demand during the 3 hour “Day
of Adjustment” period represents a 10% increase from the Original Baseline Demand, so the Original Baseline Demand
will be increased by 10%, as per the “Baseline” calculation methodology). Adjusted Baseline Demand = 110 kW.
To FULLY comply during this event - Load reduction = 110 kW – 20 kW (Nomination) = Customer would need to reduce
load to 90 kW to comply at 100%.
Scenario #3
4-hour prior “Day of Adjustment” = 95 kW average demand for the 3 hours.
What is the Adjusted Baseline Demand to reduce power against = (The 95 kW average demand during the 3 hour “Day
of Adjustment” period represents a 5% decrease from the Original Baseline Demand, so the Original Baseline Demand
will be decreased by 5%, as per the “Baseline” calculation methodology). Adjusted Baseline Demand = 95 kW.
To FULLY comply during this event - Load reduction = 95 kW – 20 kW (Nomination) = Customer would need to reduce
load to 75 kW to comply at 100%.
Scenario #4
4-hour prior “Day of Adjustment” = 125 kW average demand for the 3 hours.
Form 1569 3-2023 2024 Season – Emergency with Generator Page 8 of 16
What is the Adjusted Baseline Demand to reduce power against = (The 125 kW average demand during the 3 hour “Day
of Adjustment” period represents a 25% increase from the Original Baseline Demand, so the Original Baseline Demand
will be increased by only 20%, as per the “Baseline” calculation methodology.) Adjusted Baseline Demand = 120 kW.
To FULLY comply during this event - Load reduction = 120 kW – 20 kW (Nomination) = Customer would need to reduce
load to 100 kW to comply at 100%.
Form 1569 3-2023 2024 Season – Emergency with Generator Page 9 of 16
SITE ADDRESS ATTACHMENT
SITE ADDRESSES
CONTRACT ESTIMATED
ACCOUNT METER CAPACITY
SITE NAME SITE ADDRESS NUMBER NUMBER (kW)
Muskegon Central Fire 770 Terrace St 100000240497 40010088 75
Form 1569 3-2023 2024 Season – Emergency with Generator Page 10 of 16
Attachment B
CONSUMERS ENERGY DEMAND
RESPONSE 2024 ENERGY
REDUCTION PLAN
Company Name: City of Muskegon_______
Facility Contact Name: Central Fire_______
Address Line 1: 770 Terrace St________
Address Line 2: Muskegon, MI 49440_______
Contract Account #: 100000240497 _______
Contract Type: ☐ Emergency ☒ Emergency with Generator
DR Nomination: 75_kW
DR Event Procedure: Consumers Energy will notify you that a DR event has been dispatched.
1. Confirm phone, e-mail, and/or text notifications sent by Consumers Energy.
2. Manually shut down the following equipment by the time the DR event begins.
3. If applicable, turn on generator and transfer specified building load to the generator.
4.
Equipment Shutdown Procedure Load Reduction (kW)
Transition all site load to back-up
All Site Laod generation. Same process for power 75kW
outages.
Form 1569 3-2023 2024 Season – Emergency with Generator Page 11 of 16
Equipment Shutdown Procedure Load Reduction (kW)
TOTAL kW’s
Did the customer participate in DR in previous seasons? If so, what was their nomination and how did they
perform? Other comments:
Date Completed: ___ By: ___
Form 1569 3-2023 2024 Season – Emergency with Generator Page 12 of 16
Attachment C
CONTACT LIST
During a Demand Response event, Consumers Energy will contact the people in your
facility who have been instructed on the implementation of your Energy Reduction Plan. These notifications are
automated and at least ONE contact is expected to respond to the message by pressing "1" to hear the message
and then again pressing "1" to confirm receipt.
Event alerts, warnings, enactments, and all clear notifications will come to you from EMAIL
ADDRESS: [email protected]
PHONE and SMS: 800-500-6565 and 866-402-7267
If you have questions regarding web access, or have contact updates, please contact the Network Operations Center for
Demand Response:
EMAIL ADDRESS: [email protected]
PHONE: 800-500-6565
Please type in the information below for a MINIMUM of THREE contacts.
Site Information
Site Name: Muskegon Central Fire
Site Address: 770 Terrace St
City: Muskegon State: Michigan Zip: 49440
Account Number: 100000240497
Contact Name: Jay Paulson Web Access
Job Title: Deputy Director
I would like to receive text message notification Yes No Web Portal Access:
Direct Dial Phone Number: 2317246942 EXTENSION:
Mobile Number: 2317260595 Yes No
Pager Number:
E-mail Address: [email protected]
Contact Name: Jim Diffell Web Access
Job Title: Battalion Chief
I would like to receive text message notification Yes No Web Portal Access:
Direct Dial Phone Number: 2317246795 EXTENSION:
Mobile Number: 2316382911 Yes No
Pager Number:
E-mail Address: [email protected]
Contact Name: Keith McMillan Web Access
Job Title: Battalion Chief
I would like to receive text message notification Yes No Web Portal Access:
Form 1569 3-2023 2024 Season – Emergency with Generator Page 13 of 16
Direct Dial Phone Number: 2317246795 EXTENSION:
Mobile Number: 2316705587 Yes No
Pager Number:
E-mail Address: [email protected]
Contact Name: Dennis Barnum Web Access
Job Title: Battalion Chief
I would like to receive text message notification Yes No Web Portal Access:
Direct Dial Phone Number: 2317246795 EXTENSION:
Mobile Number: 2693770023 Yes No
Pager Number:
E-mail Address: [email protected]
Contact Name: Web Access
Job Title:
I would like to receive text message notification Yes No Web Portal Access:
Direct Dial Phone Number: EXTENSION:
Mobile Number: Yes No
Pager Number:
E-mail Address:
Contact Name: Web Access
Job Title:
I would like to receive text message notification Yes No Web Portal Access:
Direct Dial Phone Number: EXTENSION:
Mobile Number: Yes No
Pager Number:
E-mail Address:
Contact Name: Web Access
Job Title:
I would like to receive text message notification Yes No Web Portal Access:
Direct Dial Phone Number: EXTENSION:
Mobile Number: Yes No
Pager Number:
E-mail Address:
Form 1569 3-2023 2024 Season – Emergency with Generator Page 14 of 16
GENERATOR
ATTACHMENT D
Please fill out the table below
Fuel Type = Example, Natural gas or Diesel. Model Year = When the engine was built? Engine HP = Should be reflected on
the generator/engine tag.
Diesel Type/Ultra Low Sulfur Diesel (ULSD) = Are you using ultra low sulfur diesel?
DIESEL TYPE (ULSD) Site Account
FUEL TYPE MODEL YEAR ENGINE HP
(Yes or No) Number
Natural Gas 2020 375 100000240497
Form 1569 3-2023 2024 Season – Emergency with Generator Page 15 of 16
Form 1569 3-2023 2024 Season – Emergency with Generator Page 16 of 16
2024 EMERGENCY WITH GENERATOR COMMERCIAL AND
INDUSTRIAL INDUSTRIAL DEMAND RESPONSE CUSTOMER AGREEMENT
Customer and Consumers Energy are referred to herein collectively as the “Parties” and each individually as a “Party” to this
Agreement.
Effective Date of Agreement: June 1, 2024
(Month/Day/Year)
Company: Customer:
CONSUMERS ENERGY COMPANY CITY OF MUSKEGON
a Michigan Corporation (Legal Name)
ONE ENERGY PLAZA 933 TERRACE ST
JACKSON MI 49201-2357 (Street & Number)
MUSKEGON, MI 49440
(City, State & Zip Code)
1. Initial Term: Shall commence on June 1, 2024 and shall run through (select one):
May 31, 2025 (1 year)
X May 31, 2026 (2 year)
2. This Agreement will become effective on the date identified above and will extend for an Initial Term through the
end date identified above. The Customer must notify Consumers Energy Company (“Consumers Energy” or the
“Company”) by September 1st in the final year of the Initial Term of their desire to renew participation in the
Demand Response Program (“Program”) through the execution of a new Program Agreement and the amount of
reduction/nomination kW for the following Program Period (June 1 through August 31st). Customer participation
under this Agreement shall be based on the limitations, terms and eligibility as described in the Company’s
Program and the Company’s Electric Rate Book, as approved by the Michigan Public Service Commission.
3. Program Description. Participants in the Program help reduce peak demand when energy use is the high and maintain
a ready supply of energy for Michigan. Participants will receive an annual Emergency Capacity Payment for the Delivered
Capacity amount specified in this Agreement within sixty (60) days after August 31st, the effective date of the DR season.
4. Administration Solutions. Customer agrees to work with Consumers Energy to develop an appropriate energy
reduction plan for Customer’s business; and (ii) to provide Consumers Energy access and use of contact, billing and
energy usage data, and facility information concerning each Site Address (as defined below) (“Customer Data”).
Consumers Energy shall manage Customer’s curtailable electrical capacity in the Program and upon notification by
Consumers Energy and acceptance by Customer, provide real-time support to Customer during demand response
events (“Demand Response Events”); and enable data transfer, monitoring and reporting of meter data and provide
technical assistance, maintenance, repair and hosting of the Monitoring System. In addition, as necessary,
Consumers Energy will coordinate with Customer to capture kilowatt-hour (“kWh”) pulses from Customer’s primary
utility meter to provide Customer near real-time, Internet-enabled power monitoring.
5. Monitoring System. Consumers Energy may equip one or more of Customer facility addresses (each address is
referred to as a “Site Address”) as identified on the Site Address Attachment attached hereto with the Monitoring
System, which includes site devices owned by Consumers Energy that can enable power metering, data collection,
Form 1569 3-2023 2024 Season – Emergency with Generator Page 1 of 16
near real-time data communication, and Internet-based reporting and analytics. There shall be no cost to the
Customer associated with the Monitoring System equipment or installation of the Monitoring System equipment.
6. Customer Support Requirements.
a. Representations and Warranties. Customer holds all applicable licenses and/or permits pursuant to the
Agreement that are required for the proper participation in the Program.
b. Demand Response Performance. Customer has the intent and ability to generate and/or reduce electrical
demand to achieve Contracted Capacity (as defined below) at each Site Address when notified by Consumers
Energy Demand Response Events.
c. Acceptance Testing. At each Site Address where the site devices are installed, Customer agrees to collaborate
with Consumers Energy in a timely manner in testing, enabling and maintaining the Monitoring System.
d. Energy Reduction Plan. Customer must provide to Consumers Energy their Energy Reduction Plan describing
the equipment and steps that will be taken to meet their curtailment nomination.
Program Rules. The terms of this Agreement reflect the current Program terms and conditions, which may be
amended from time to time by Consumers Energy. Amendments are mutually agreed between the parties and recorded
as an amendment or eliminate “which may be amended from time to time by Consumers Energy”.
7. The current terms are summarized below:
Program Availability During the Program period of June 1 – August 31, emergency events could be
called at any time Monday through Friday between 11 am and 7 pm in response
to Midcontinent Independent System Operator, Inc. (“MISO”) reliability
emergencies (“Emergency Event(s)”). Customer is required to participate in any
Emergency Event called by MISO.
Event Frequency and Duration Emergency Events – Up to five (5) events during the Program Period, up to four
hours each.
Advanced Notification Emergency Events – Customer will receive at least a thirty (30) minute but no
more than a six (6) hour notice in advance of an Emergency Event. Customers are
advised to estimate load reduction capability over a twelve (12) hour timeframe
for planning purposes.
Dispatch Readiness Test After Customer’s Energy Reduction Plan has been reviewed by Consumers Energy
and Customer’s site installation has been completed, Customer will receive an
email from Consumers Energy asking Customer to select a date to participate in a
thirty (30) minute Dispatch Readiness Test of Customer’s Energy Reduction Plan.
The Dispatch Readiness Test is optional to the Customer but recommended by
Consumers Energy.
Audit
Consumers Energy may call one (1), one-hour audit (“Audit”) per Program Period
to confirm Contracted Capacity (as defined below). If called, this audit is required
as the Customer’s program payment will be determined by performance during
the Audit event and the Customers Delivered Capacity (as defined below).
Online Portal
Customer may have access to an online portal “Dashboard” where Customer can
monitor their performance during both an Emergency and Economic Event.
Portal will be activated before the season starts on June 1.
Form 1569 3-2023 2024 Season – Emergency with Generator Page 2 of 16
8. Customer capacity.
a. Contracted Capacity. For purposes of this Agreement, “Contracted Capacity” shall represent the Customer’s
performance obligation (in kilowatts (“kW”). The Contracted Capacity shall be based on an analysis of
Customer’s prior summer consumption data, their Energy Reduction Plan and pre-enrollment load reduction
testing.
b. Delivered Capacity.
a. For purposes of this Agreement, an event’s “Delivered Capacity” shall be defined as the amount of
load in kW reduced for each hour in a Demand Response Event. Delivered Capacity for each event
hour is calculated as the difference between the measured energy demand and the baseline energy
demand. Consumers Energy will use a MISO-approved baseline calculation method. MISO’s default
baseline is the Ten-Day Baseline. The Ten-Day Baseline is calculated as the average hourly demand
from the previous ten (10) non-weekend non-holiday non-event days prior to the event. Customer is
required to reduce the full amount specified as Contracted Capacity for the hourly average of an
emergency event. Consumers Energy, at its discretion, can make an adjustment to the baseline
determined by the M&V Method of plus or minus 20% based on the energy usage three hours prior
to the beginning of the Emergency Event. An alternative baseline may be used, so long as it is pre-
approved by MISO. If no Emergency Event is called, the Delivered Capacity will revert to the
Contracted Capacity for the DR season. In a Program Period with multiple Emergency Events, the
Delivered Capacity will be based on the Customers average event performance during the terms of
this Agreement.
9. Environmental. In order for the engine to be considered an emergency stationary engine under 40 CFR Part
60 Subpart IIII, 40 CFR Part 60 Subpart JJJJ and/or 40 CFR Part 63 Subpart ZZZZ any operation other than emergency
operation, maintenance and testing, emergency demand response, and operation in non-emergency situations for up
to 50 hours per calendar year, as described in the applicable regulation(s), is prohibited. If Customer does not operate
the engine according to these requirements, the engine will not be considered an emergency engine and must meet
all requirements for non-emergency engines in the applicable regulations.
Emergency Demand Response Events per this contract are considered non-emergency situations (not to exceed
50 hours per calendar year). Power supplied as part of a financial arrangement with Consumers Energy must meet
all of the following conditions:
a. The engine is dispatched by the local balancing authority or local transmission and distribution system
operator.
b. The dispatch is intended to mitigate local transmission and/or distribution limitations so as to avert potential
voltage collapse or line overloads that could lead to the interruption of power supply in a local area or
region.
c. The dispatch follows reliability, emergency operation or similar protocols that follow specific NERC, regional,
state, public utility commission or local standards or guidelines.
d. The power is provided only to the facility itself or to support the local transmission and distribution system.
e. The owner or operator (Customer) identifies and records the entity that dispatches the engine and the specific
NERC, regional, state, public utility commission or local standards or guidelines that are being followed for
dispatching the engine. The local balancing authority or local transmission and distribution system operator
may keep these records on behalf of the engine owner or operator.
f. The owner or operator (Customer) is responsible for all EPA reporting requirements. Customers who do not
comply with EPA reporting may be removed from the program at Consumers Energy’s discretion.
Form 1569 3-2023 2024 Season – Emergency with Generator Page 3 of 16
10. Payments to Customer.
a. Emergency Capacity Payments. For a single year contract, the capacity payment price is $25/kW. For a two
(2) year contract, year one (1) the capacity payment price is $27/kW and the year two (2) capacity price is
$30/kW. Delivered Capacity capped at 250% per Program Period as defined in section 8(b). Consumers Energy
will pay Customer the Capacity Rate multiplied by the Delivered Capacity.
b. Emergency Event Energy Payments. In Program Periods when one or more Emergency Events are called,
Consumers Energy will pay Customer an energy payment of $50/MWh multiplied by the event’s Delivered
Capacity multiplied by the hours for each such event as defined in section 8(b) above.
c. During Non-Program Periods. Consumers Energy may call one or more Emergency Events. The customer is
under no obligation to participate. If they choose to participate, they will be paid $1000/MWh multiplied by
the event’s average Delivered Capacity delivered during the event. Delivered Capacity is capped at customers
contracted nomination.
11. Payment Timing. After an Emergency Event and Customer’s Delivered Capacity has been verified, Consumers
Energy shall make Emergency Event Energy Payments for Customer’s participation by the issuance of credits to the
Customer’s bill. The Emergency Capacity Payment will be made within sixty (60) days after August 31st, the effective
end date of the DR season.
12. Cancellation. Customer or Consumers Energy may cancel this Agreement or request to amend nomination(s) for
the next Program Period between October 1 – December 31, prior to the start of the next Program Period. Requests
to amend nomination(s) shall be granted at the Company’s discretion and shall only apply to the next Program
Period. Cancellation requests must be submitted in writing to:
[email protected]. The customer will be notified by Consumers Energy
if they cancel or are removed from the program.
13. Confidentiality.
a. Nondisclosure to Third Parties. In performing under the Agreement, each Party to this Agreement will be
exposed to certain Confidential Information (as hereinafter defined) of the other Party. Each Party on its own
behalf and on behalf of its employees, contractors and agents (collectively, “Representatives”) agrees not to,
except as required by applicable law or regulation, use or disclose such Confidential Information without the
prior written consent of the other Party, either during or after the Term. To protect Confidential Information,
each Party agrees to: (i) limit dissemination of Confidential Information to only those Representatives having a
“need to know”; (ii) advise each Representative who receives Confidential Information of the confidential nature
of such information; and (iii) have appropriate agreements, policies and/or procedures in place with such
Representatives sufficient to enable compliance with the confidentiality obligations contained herein. The term
“Confidential Information” means all information which is disclosed, either orally or in written form, by either
Party or its Representatives and shall be deemed to include: (w) any notes, analyses, compilations, studies,
interpretations, memoranda or other documents prepared by either Party or its Representatives which contain,
reflect or are based upon, in whole or in part, any Confidential Information furnished to a receiving Party or its
Representatives pursuant hereto; (x) any information concerning the business relationship between the Parties;
and (y) Customer Data.
b. Exclusions from Confidential Information. Notwithstanding the obligations in Section 13(a) above,
Confidential Information does not include any information that:
i. is or becomes generally known to the public without breach of any obligation owed to the disclosing Party;
Form 1569 3-2023 2024 Season – Emergency with Generator Page 4 of 16
ii. was known to the receiving Party prior to its disclosure by the disclosing Party without breach of any
obligation owed to the disclosing Party;
iii. is received from a third party without the receiving party having any knowledge of any breach by such third
party of any obligation owed to the disclosing Party; or
iv. was independently developed by the receiving Party without reference to or reliance upon the disclosing
Party’s Confidential Information.
14. Limitation of Liability. Consumers Energy’s and its contractors’ and subcontractors’ liability hereunder is limited to
direct actual damages as the sole and exclusive remedy, and total damages under the Agreement shall not exceed
$100,000 or the total amounts paid by Consumers Energy under the Agreement, whichever is less. In no event shall
either Party, its parent, officers, directors, partners, shareholders, employees or affiliates, or any contractor or
subcontractor or its employees or affiliates, be liable to the other Party for special, indirect, exemplary, punitive,
incidental or consequential damages of any nature whatsoever connected with or resulting from performance or
non-performance of obligations under the Agreement, including without limitation, damages or claims in the
nature of lost revenue, income or profits, loss of use, or cost of capital, irrespective of whether such damages are
reasonably foreseeable and irrespective of whether such claims are based upon negligence, strict liability contract,
operation of law or otherwise.
15. Additional Terms.
a. Customer also agrees, with respect to Consumers Energy’s management of the Monitoring System, it:
i. receives a limited, revocable, non-transferrable and non-exclusive right to use and access during the
Term the Monitoring System and shall use the Monitoring System solely for its internal use subject to the
terms of the Agreement and not for the benefit of any third party. Except as expressly permitted in the
Agreement, Customer agrees that it shall not receive any right, title or interest in, or any license or right
to use or access, the Monitoring System or any patent, copyright, trade secret, trademark or other
intellectual property rights therein by implication or otherwise;
ii. shall use the Monitoring System in accordance with all applicable law;
iii. shall not and shall prohibit causing or permitting, the copying, reverse engineering, disassembly,
decompilation or attempting to derive the source code of the Monitoring System, or other intellectual
property of Consumers Energy or creation of any derivative work thereof;
iv. expressly disclaims any passing of title to the Monitoring System, any trade names, trade dress,
trademarks, service marks, commercial symbols, copyrightable material, designs, logos and/or any other
intellectual property of Customer;
v. shall not delete, alter, cover, or distort any copyright or other proprietary notices or trademarks from the
Monitoring System and to use reasonable care to prevent the Monitoring System and Consumers Energy’s
intellectual property rights contained in the software from damage and unauthorized use.
b. Miscellaneous. Customer may not assign any of its rights or delegate any of its performance obligations
hereunder without the prior written consent of Consumers Energy. The Agreement, including all attachments,
constitutes the entire agreement between Customer and Consumers Energy and may only be amended in
writing signed by each of the Parties. If any of its provisions shall be held invalid or unenforceable, this
Agreement shall be construed as if not containing those provisions and the rights and obligations of the Parties
hereto shall be construed and enforced accordingly. This Agreement shall be binding upon the Parties together
with their successors and permitted assigns. Each Party shall be responsible for its Representatives’ compliance
with the Agreement. Customer shall promptly notify Consumers Energy in writing of any changes occurring
during the Term to the Customer address(es) set forth in this Agreement.
Form 1569 3-2023 2024 Season – Emergency with Generator Page 5 of 16
c. Force Majeure. The Parties to this Agreement shall be excused from any failure or delay in the performance of
their obligations if such obligations are prevented from being fulfilled due to Force Majeure. A Party unable to
fulfill any obligation hereunder (other than an obligation to pay money when due) by reason of Force Majeure,
shall give notice and the full particulars of such Force Majeure to the other Party in writing or by telephone as
soon as reasonably possible after the occurrence of the cause relied upon. Telephone notices given pursuant to
this article shall be confirmed in writing as soon as reasonably possible and shall specifically state full
particulars of the Force Majeure, the time and date when the Force Majeure occurred and when the Force
Majeure is reasonably expected to cease. The Party affected shall exercise due diligence to remove such
disability with reasonable dispatch, but shall not be required to accede or agree to any provision not
satisfactory to it in order to settle and terminate a strike or other labor disturbance. A “Force Majeure” shall
include any act, event, or occurrence beyond the Party’s reasonable control, which the Party, despite its best
efforts, is unable to prevent, avoid, overcome, delay or mitigate, including but not limited to: floods, epidemics,
earthquakes, quarantine, blockade, war, insurrection or civil strife or terrorism, provided, however, that Force
Majeure shall in no event include (i) failure of Subcontractors or Suppliers to deliver services, materials or
components or receipt from any Subcontractor or Supplier of defective services, material or components unless
same were themselves caused by a Force Majeure Event; (ii) technological impossibility; (iii) a governmental act
or failure to act, or order or injunction, caused by any act or failure to act of the Seller or any Subcontractor or
Supplier; (iv) strikes or work stoppages; or (v) inclement weather.
d. Warranty Limitations. THE MONITORING SYSTEM (AND ANY SOFTWARE, HARDWARE, OR OTHER
COMPONENT THEREOF) AND ALL SERVICES HEREUNDER ARE PROVIDED AS IS BY CONSUMERS ENERGY
WITHOUT ANY WARRANTY OF ANY KIND. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
e. Governing Law; Actions; Etc.: This Agreement shall be deemed a Michigan contract and shall be governed by
and interpreted in accordance with the laws of the State of Michigan; excluding any conflicts of laws principles
that would result in this Agreement being interpreted in accordance with any different law. Venue for any lawsuit
arising out of or in connection with this Agreement shall be exclusively in the courts of the State of Michigan or
a Federal court sitting in the State of Michigan. Any legal action against Consumers Energy relating to this
Agreement or the breach thereof shall be commenced within one year from the date on which the claimed
breach, default or other cause of action arose (and, without limiting the foregoing, in all events not later than
one year after the date of completion or other cessation of performance of the work hereunder). This Agreement
is intended for the benefit of the parties herein only and does not grant any rights to any third parties unless
otherwise specifically stated herein. If Customer defaults in the timely performance of any of its obligations
hereunder, then Consumers Energy may, at its option, and in addition to any and all other rights or remedies it
may have hereunder or at law or equity, terminate this Contract by written notice to Customer.
IN WITNESS WHEREOF, and intending to be legally bound, the Parties have duly executed this Agreement by
their authorized representatives as of the Effective Date.
CONSUMERS ENERGY COMPANY CITY OF MUSKEGON
(Customer)
By: By:
(Signature) (Signature)
(Print or Type Name) (Print or Type Name)
(Date) (Date)
Form 1569 3-2023 2024 Season – Emergency with Generator Page 6 of 16
Form 1569 3-2023 2024 Season – Emergency with Generator Page 7 of 16
ATTACHMENT A -
CUSTOMER BASELINE CALCULATIONS AND PERFORMANCE OBLIGATIONS
“Original Baseline Demand” calculation methodology – for interruptions called on normal business days, calculate an
average hourly demand profile based on the demands created during the ten (10) non-interruption business days
immediately preceding an interruption notification, excluding Saturday, Sunday and holidays as recognized in the
Company’s Electric Rate Book (“Normal Baseline Demand”). .
“Day of Adjustment” calculation methodology - starts at the point of the interruption event and counts back four (4)
hours. (For purposes of clarification – for the “Day of Adjustment” calculation only the baseline is calculated beginning
from the start of the interruption event and moving backwards by four (4) hours). The “Original Baseline Demand” will
be ADJUSTED up/down on the day of an event by the ratio of (a) the sum of hourly demands for the three (3) hours
beginning four (4) hours prior to the interruption event and (b) the sum of those same three hours unadjusted
consumption baseline demands. The resultant change to the Original Baseline Demand is limited to +/- 20% of the
Original Baseline Demand and is referred to as the “Adjusted Baseline Demand”.
Demand Response Enactment Event examples:
*Prior 10 business day/24-hour baseline = 100 kW with a 20 kW Nomination amount (Use this information for all
scenarios).
Scenario #1
4 hours prior “Day of Adjustment” = 70 kW average demand for the 3 hours.
What is the Adjusted Baseline Demand to reduce power against = (The 70 kW average demand during the 3 hour “Day
of Adjustment” period represents a 30% decrease from the Original Baseline Demand, so the Original Baseline Demand
will be reduced by only 20%, as per the “Baseline” calculation methodology). Adjusted Baseline Demand = 80 kW.
To FULLY comply during this event - Load reduction = 80 kW – 20 kW (Nomination) = Customer would need to reduce
load to 60 kW to comply at 100%.
Scenario #2
4-hour prior “Day of Adjustment” = 110 kW average demand for the 3 hours.
What is the Adjusted Baseline Demand to reduce power against = (The 110 kW average demand during the 3 hour “Day
of Adjustment” period represents a 10% increase from the Original Baseline Demand, so the Original Baseline Demand
will be increased by 10%, as per the “Baseline” calculation methodology). Adjusted Baseline Demand = 110 kW.
To FULLY comply during this event - Load reduction = 110 kW – 20 kW (Nomination) = Customer would need to reduce
load to 90 kW to comply at 100%.
Scenario #3
4-hour prior “Day of Adjustment” = 95 kW average demand for the 3 hours.
What is the Adjusted Baseline Demand to reduce power against = (The 95 kW average demand during the 3 hour “Day
of Adjustment” period represents a 5% decrease from the Original Baseline Demand, so the Original Baseline Demand
will be decreased by 5%, as per the “Baseline” calculation methodology). Adjusted Baseline Demand = 95 kW.
To FULLY comply during this event - Load reduction = 95 kW – 20 kW (Nomination) = Customer would need to reduce
load to 75 kW to comply at 100%.
Scenario #4
4-hour prior “Day of Adjustment” = 125 kW average demand for the 3 hours.
Form 1569 3-2023 2024 Season – Emergency with Generator Page 8 of 16
What is the Adjusted Baseline Demand to reduce power against = (The 125 kW average demand during the 3 hour “Day
of Adjustment” period represents a 25% increase from the Original Baseline Demand, so the Original Baseline Demand
will be increased by only 20%, as per the “Baseline” calculation methodology.) Adjusted Baseline Demand = 120 kW.
To FULLY comply during this event - Load reduction = 120 kW – 20 kW (Nomination) = Customer would need to reduce
load to 100 kW to comply at 100%.
Form 1569 3-2023 2024 Season – Emergency with Generator Page 9 of 16
SITE ADDRESS ATTACHMENT
SITE ADDRESSES
CONTRACT ESTIMATED
ACCOUNT METER CAPACITY
SITE NAME SITE ADDRESS NUMBER NUMBER (kW)
Muskegon City Hall 933 Terrace St 100000336014 80044886 105
Form 1569 3-2023 2024 Season – Emergency with Generator Page 10 of 16
Attachment B
CONSUMERS ENERGY DEMAND
RESPONSE 2024 ENERGY
REDUCTION PLAN
Company Name: City of Muskegon_______
Facility Contact Name: Dan Vanderheide_______
Address Line 1: 933 Terrace St________
Address Line 2: Muskegon, MI 49440_______
Contract Account #: 100000336014 _______
Contract Type: ☐ Emergency ☒ Emergency with Generator
DR Nomination: 105_kW
DR Event Procedure: Consumers Energy will notify you that a DR event has been dispatched.
1. Confirm phone, e-mail, and/or text notifications sent by Consumers Energy.
2. Manually shut down the following equipment by the time the DR event begins.
3. If applicable, turn on generator and transfer specified building load to the generator.
4.
Equipment Shutdown Procedure Load Reduction (kW)
Transition all site load to back-up
All Site Laod generation. Same process for power 105kW
outages.
Form 1569 3-2023 2024 Season – Emergency with Generator Page 11 of 16
Equipment Shutdown Procedure Load Reduction (kW)
TOTAL kW’s
Did the customer participate in DR in previous seasons? If so, what was their nomination and how did they
perform? Other comments:
Date Completed: ___ By: ___
Form 1569 3-2023 2024 Season – Emergency with Generator Page 12 of 16
Attachment C
CONTACT LIST
During a Demand Response event, Consumers Energy will contact the people in your
facility who have been instructed on the implementation of your Energy Reduction Plan. These notifications are
automated and at least ONE contact is expected to respond to the message by pressing "1" to hear the message
and then again pressing "1" to confirm receipt.
Event alerts, warnings, enactments, and all clear notifications will come to you from EMAIL
ADDRESS: [email protected]
PHONE and SMS: 800-500-6565 and 866-402-7267
If you have questions regarding web access, or have contact updates, please contact the Network Operations Center for
Demand Response:
EMAIL ADDRESS: [email protected]
PHONE: 800-500-6565
Please type in the information below for a MINIMUM of THREE contacts.
Site Information
Site Name: Muskegon City Hall
Site Address: 933 Terrace St
City: Muskegon State: Michigan Zip: 49440
Account Number: 100000336014
Contact Name: Tim Harvey Web Access
Job Title: Maintenance Supervisor
I would like to receive text message notification Yes No Web Portal Access:
Direct Dial Phone Number: 616-566-3577 EXTENSION:
Mobile Number: same Yes No
Pager Number:
E-mail Address: [email protected]
Contact Name: Terry Spyke Web Access
Job Title: Maintenance
I would like to receive text message notification Yes No Web Portal Access:
Direct Dial Phone Number: 231-286-1994 EXTENSION:
Mobile Number: same Yes No
Pager Number:
E-mail Address: [email protected]
Contact Name: Matt Beerman Web Access
Job Title: Maintenance
I would like to receive text message notification Yes No Web Portal Access:
Form 1569 3-2023 2024 Season – Emergency with Generator Page 13 of 16
Direct Dial Phone Number: 231-747-0236 EXTENSION:
Mobile Number: same Yes No
Pager Number:
E-mail Address:
Contact Name: Web Access
Job Title:
I would like to receive text message notification Yes No Web Portal Access:
Direct Dial Phone Number: EXTENSION:
Mobile Number: Yes No
Pager Number:
E-mail Address:
Contact Name: Web Access
Job Title:
I would like to receive text message notification Yes No Web Portal Access:
Direct Dial Phone Number: EXTENSION:
Mobile Number: Yes No
Pager Number:
E-mail Address:
Contact Name: Web Access
Job Title:
I would like to receive text message notification Yes No Web Portal Access:
Direct Dial Phone Number: EXTENSION:
Mobile Number: Yes No
Pager Number:
E-mail Address:
Contact Name: Web Access
Job Title:
I would like to receive text message notification Yes No Web Portal Access:
Direct Dial Phone Number: EXTENSION:
Mobile Number: Yes No
Pager Number:
E-mail Address:
Form 1569 3-2023 2024 Season – Emergency with Generator Page 14 of 16
GENERATOR
ATTACHMENT D
Please fill out the table below
Fuel Type = Example, Natural gas or Diesel. Model Year = When the engine was built? Engine HP = Should be reflected on
the generator/engine tag.
Diesel Type/Ultra Low Sulfur Diesel (ULSD) = Are you using ultra low sulfur diesel?
DIESEL TYPE (ULSD) Site Account
FUEL TYPE MODEL YEAR ENGINE HP
(Yes or No) Number
Natural Gas 2008 419HP 100000336014
Form 1569 3-2023 2024 Season – Emergency with Generator Page 15 of 16
Form 1569 3-2023 2024 Season – Emergency with Generator Page 16 of 16
2024 EMERGENCY WITH GENERATOR COMMERCIAL AND
INDUSTRIAL INDUSTRIAL DEMAND RESPONSE CUSTOMER AGREEMENT
Customer and Consumers Energy are referred to herein collectively as the “Parties” and each individually as a “Party” to this
Agreement.
Effective Date of Agreement: June 1, 2024
(Month/Day/Year)
Company: Customer:
CONSUMERS ENERGY COMPANY CITY OF MUSKEGON
a Michigan Corporation (Legal Name)
ONE ENERGY PLAZA 1900 BEACH ST
JACKSON MI 49201-2357 (Street & Number)
MUSKEGON, MI 49441
(City, State & Zip Code)
1. Initial Term: Shall commence on June 1, 2024 and shall run through (select one):
May 31, 2025 (1 year)
X May 31, 2026 (2 year)
2. This Agreement will become effective on the date identified above and will extend for an Initial Term through the
end date identified above. The Customer must notify Consumers Energy Company (“Consumers Energy” or the
“Company”) by September 1st in the final year of the Initial Term of their desire to renew participation in the
Demand Response Program (“Program”) through the execution of a new Program Agreement and the amount of
reduction/nomination kW for the following Program Period (June 1 through August 31st). Customer participation
under this Agreement shall be based on the limitations, terms and eligibility as described in the Company’s
Program and the Company’s Electric Rate Book, as approved by the Michigan Public Service Commission.
3. Program Description. Participants in the Program help reduce peak demand when energy use is the high and maintain
a ready supply of energy for Michigan. Participants will receive an annual Emergency Capacity Payment for the Delivered
Capacity amount specified in this Agreement within sixty (60) days after August 31st, the effective date of the DR season.
4. Administration Solutions. Customer agrees to work with Consumers Energy to develop an appropriate energy
reduction plan for Customer’s business; and (ii) to provide Consumers Energy access and use of contact, billing and
energy usage data, and facility information concerning each Site Address (as defined below) (“Customer Data”).
Consumers Energy shall manage Customer’s curtailable electrical capacity in the Program and upon notification by
Consumers Energy and acceptance by Customer, provide real-time support to Customer during demand response
events (“Demand Response Events”); and enable data transfer, monitoring and reporting of meter data and provide
technical assistance, maintenance, repair and hosting of the Monitoring System. In addition, as necessary,
Consumers Energy will coordinate with Customer to capture kilowatt-hour (“kWh”) pulses from Customer’s primary
utility meter to provide Customer near real-time, Internet-enabled power monitoring.
5. Monitoring System. Consumers Energy may equip one or more of Customer facility addresses (each address is
referred to as a “Site Address”) as identified on the Site Address Attachment attached hereto with the Monitoring
System, which includes site devices owned by Consumers Energy that can enable power metering, data collection,
Form 1569 3-2023 2024 Season – Emergency with Generator Page 1 of 16
near real-time data communication, and Internet-based reporting and analytics. There shall be no cost to the
Customer associated with the Monitoring System equipment or installation of the Monitoring System equipment.
6. Customer Support Requirements.
a. Representations and Warranties. Customer holds all applicable licenses and/or permits pursuant to the
Agreement that are required for the proper participation in the Program.
b. Demand Response Performance. Customer has the intent and ability to generate and/or reduce electrical
demand to achieve Contracted Capacity (as defined below) at each Site Address when notified by Consumers
Energy Demand Response Events.
c. Acceptance Testing. At each Site Address where the site devices are installed, Customer agrees to collaborate
with Consumers Energy in a timely manner in testing, enabling and maintaining the Monitoring System.
d. Energy Reduction Plan. Customer must provide to Consumers Energy their Energy Reduction Plan describing
the equipment and steps that will be taken to meet their curtailment nomination.
Program Rules. The terms of this Agreement reflect the current Program terms and conditions, which may be
amended from time to time by Consumers Energy. Amendments are mutually agreed between the parties and recorded
as an amendment or eliminate “which may be amended from time to time by Consumers Energy”.
7. The current terms are summarized below:
Program Availability During the Program period of June 1 – August 31, emergency events could be
called at any time Monday through Friday between 11 am and 7 pm in response
to Midcontinent Independent System Operator, Inc. (“MISO”) reliability
emergencies (“Emergency Event(s)”). Customer is required to participate in any
Emergency Event called by MISO.
Event Frequency and Duration Emergency Events – Up to five (5) events during the Program Period, up to four
hours each.
Advanced Notification Emergency Events – Customer will receive at least a thirty (30) minute but no
more than a six (6) hour notice in advance of an Emergency Event. Customers are
advised to estimate load reduction capability over a twelve (12) hour timeframe
for planning purposes.
Dispatch Readiness Test After Customer’s Energy Reduction Plan has been reviewed by Consumers Energy
and Customer’s site installation has been completed, Customer will receive an
email from Consumers Energy asking Customer to select a date to participate in a
thirty (30) minute Dispatch Readiness Test of Customer’s Energy Reduction Plan.
The Dispatch Readiness Test is optional to the Customer but recommended by
Consumers Energy.
Audit
Consumers Energy may call one (1), one-hour audit (“Audit”) per Program Period
to confirm Contracted Capacity (as defined below). If called, this audit is required
as the Customer’s program payment will be determined by performance during
the Audit event and the Customers Delivered Capacity (as defined below).
Online Portal
Customer may have access to an online portal “Dashboard” where Customer can
monitor their performance during both an Emergency and Economic Event.
Portal will be activated before the season starts on June 1.
Form 1569 3-2023 2024 Season – Emergency with Generator Page 2 of 16
8. Customer capacity.
a. Contracted Capacity. For purposes of this Agreement, “Contracted Capacity” shall represent the Customer’s
performance obligation (in kilowatts (“kW”). The Contracted Capacity shall be based on an analysis of
Customer’s prior summer consumption data, their Energy Reduction Plan and pre-enrollment load reduction
testing.
b. Delivered Capacity.
a. For purposes of this Agreement, an event’s “Delivered Capacity” shall be defined as the amount of
load in kW reduced for each hour in a Demand Response Event. Delivered Capacity for each event
hour is calculated as the difference between the measured energy demand and the baseline energy
demand. Consumers Energy will use a MISO-approved baseline calculation method. MISO’s default
baseline is the Ten-Day Baseline. The Ten-Day Baseline is calculated as the average hourly demand
from the previous ten (10) non-weekend non-holiday non-event days prior to the event. Customer is
required to reduce the full amount specified as Contracted Capacity for the hourly average of an
emergency event. Consumers Energy, at its discretion, can make an adjustment to the baseline
determined by the M&V Method of plus or minus 20% based on the energy usage three hours prior
to the beginning of the Emergency Event. An alternative baseline may be used, so long as it is pre-
approved by MISO. If no Emergency Event is called, the Delivered Capacity will revert to the
Contracted Capacity for the DR season. In a Program Period with multiple Emergency Events, the
Delivered Capacity will be based on the Customers average event performance during the terms of
this Agreement.
9. Environmental. In order for the engine to be considered an emergency stationary engine under 40 CFR Part
60 Subpart IIII, 40 CFR Part 60 Subpart JJJJ and/or 40 CFR Part 63 Subpart ZZZZ any operation other than emergency
operation, maintenance and testing, emergency demand response, and operation in non-emergency situations for up
to 50 hours per calendar year, as described in the applicable regulation(s), is prohibited. If Customer does not operate
the engine according to these requirements, the engine will not be considered an emergency engine and must meet
all requirements for non-emergency engines in the applicable regulations.
Emergency Demand Response Events per this contract are considered non-emergency situations (not to exceed
50 hours per calendar year). Power supplied as part of a financial arrangement with Consumers Energy must meet
all of the following conditions:
a. The engine is dispatched by the local balancing authority or local transmission and distribution system
operator.
b. The dispatch is intended to mitigate local transmission and/or distribution limitations so as to avert potential
voltage collapse or line overloads that could lead to the interruption of power supply in a local area or
region.
c. The dispatch follows reliability, emergency operation or similar protocols that follow specific NERC, regional,
state, public utility commission or local standards or guidelines.
d. The power is provided only to the facility itself or to support the local transmission and distribution system.
e. The owner or operator (Customer) identifies and records the entity that dispatches the engine and the specific
NERC, regional, state, public utility commission or local standards or guidelines that are being followed for
dispatching the engine. The local balancing authority or local transmission and distribution system operator
may keep these records on behalf of the engine owner or operator.
f. The owner or operator (Customer) is responsible for all EPA reporting requirements. Customers who do not
comply with EPA reporting may be removed from the program at Consumers Energy’s discretion.
Form 1569 3-2023 2024 Season – Emergency with Generator Page 3 of 16
10. Payments to Customer.
a. Emergency Capacity Payments. For a single year contract, the capacity payment price is $25/kW. For a two
(2) year contract, year one (1) the capacity payment price is $27/kW and the year two (2) capacity price is
$30/kW. Delivered Capacity capped at 250% per Program Period as defined in section 8(b). Consumers Energy
will pay Customer the Capacity Rate multiplied by the Delivered Capacity.
b. Emergency Event Energy Payments. In Program Periods when one or more Emergency Events are called,
Consumers Energy will pay Customer an energy payment of $50/MWh multiplied by the event’s Delivered
Capacity multiplied by the hours for each such event as defined in section 8(b) above.
c. During Non-Program Periods. Consumers Energy may call one or more Emergency Events. The customer is
under no obligation to participate. If they choose to participate, they will be paid $1000/MWh multiplied by
the event’s average Delivered Capacity delivered during the event. Delivered Capacity is capped at customers
contracted nomination.
11. Payment Timing. After an Emergency Event and Customer’s Delivered Capacity has been verified, Consumers
Energy shall make Emergency Event Energy Payments for Customer’s participation by the issuance of credits to the
Customer’s bill. The Emergency Capacity Payment will be made within sixty (60) days after August 31st, the effective
end date of the DR season.
12. Cancellation. Customer or Consumers Energy may cancel this Agreement or request to amend nomination(s) for
the next Program Period between October 1 – December 31, prior to the start of the next Program Period. Requests
to amend nomination(s) shall be granted at the Company’s discretion and shall only apply to the next Program
Period. Cancellation requests must be submitted in writing to:
[email protected]. The customer will be notified by Consumers Energy
if they cancel or are removed from the program.
13. Confidentiality.
a. Nondisclosure to Third Parties. In performing under the Agreement, each Party to this Agreement will be
exposed to certain Confidential Information (as hereinafter defined) of the other Party. Each Party on its own
behalf and on behalf of its employees, contractors and agents (collectively, “Representatives”) agrees not to,
except as required by applicable law or regulation, use or disclose such Confidential Information without the
prior written consent of the other Party, either during or after the Term. To protect Confidential Information,
each Party agrees to: (i) limit dissemination of Confidential Information to only those Representatives having a
“need to know”; (ii) advise each Representative who receives Confidential Information of the confidential nature
of such information; and (iii) have appropriate agreements, policies and/or procedures in place with such
Representatives sufficient to enable compliance with the confidentiality obligations contained herein. The term
“Confidential Information” means all information which is disclosed, either orally or in written form, by either
Party or its Representatives and shall be deemed to include: (w) any notes, analyses, compilations, studies,
interpretations, memoranda or other documents prepared by either Party or its Representatives which contain,
reflect or are based upon, in whole or in part, any Confidential Information furnished to a receiving Party or its
Representatives pursuant hereto; (x) any information concerning the business relationship between the Parties;
and (y) Customer Data.
b. Exclusions from Confidential Information. Notwithstanding the obligations in Section 13(a) above,
Confidential Information does not include any information that:
i. is or becomes generally known to the public without breach of any obligation owed to the disclosing Party;
Form 1569 3-2023 2024 Season – Emergency with Generator Page 4 of 16
ii. was known to the receiving Party prior to its disclosure by the disclosing Party without breach of any
obligation owed to the disclosing Party;
iii. is received from a third party without the receiving party having any knowledge of any breach by such third
party of any obligation owed to the disclosing Party; or
iv. was independently developed by the receiving Party without reference to or reliance upon the disclosing
Party’s Confidential Information.
14. Limitation of Liability. Consumers Energy’s and its contractors’ and subcontractors’ liability hereunder is limited to
direct actual damages as the sole and exclusive remedy, and total damages under the Agreement shall not exceed
$100,000 or the total amounts paid by Consumers Energy under the Agreement, whichever is less. In no event shall
either Party, its parent, officers, directors, partners, shareholders, employees or affiliates, or any contractor or
subcontractor or its employees or affiliates, be liable to the other Party for special, indirect, exemplary, punitive,
incidental or consequential damages of any nature whatsoever connected with or resulting from performance or
non-performance of obligations under the Agreement, including without limitation, damages or claims in the
nature of lost revenue, income or profits, loss of use, or cost of capital, irrespective of whether such damages are
reasonably foreseeable and irrespective of whether such claims are based upon negligence, strict liability contract,
operation of law or otherwise.
15. Additional Terms.
a. Customer also agrees, with respect to Consumers Energy’s management of the Monitoring System, it:
i. receives a limited, revocable, non-transferrable and non-exclusive right to use and access during the
Term the Monitoring System and shall use the Monitoring System solely for its internal use subject to the
terms of the Agreement and not for the benefit of any third party. Except as expressly permitted in the
Agreement, Customer agrees that it shall not receive any right, title or interest in, or any license or right
to use or access, the Monitoring System or any patent, copyright, trade secret, trademark or other
intellectual property rights therein by implication or otherwise;
ii. shall use the Monitoring System in accordance with all applicable law;
iii. shall not and shall prohibit causing or permitting, the copying, reverse engineering, disassembly,
decompilation or attempting to derive the source code of the Monitoring System, or other intellectual
property of Consumers Energy or creation of any derivative work thereof;
iv. expressly disclaims any passing of title to the Monitoring System, any trade names, trade dress,
trademarks, service marks, commercial symbols, copyrightable material, designs, logos and/or any other
intellectual property of Customer;
v. shall not delete, alter, cover, or distort any copyright or other proprietary notices or trademarks from the
Monitoring System and to use reasonable care to prevent the Monitoring System and Consumers Energy’s
intellectual property rights contained in the software from damage and unauthorized use.
b. Miscellaneous. Customer may not assign any of its rights or delegate any of its performance obligations
hereunder without the prior written consent of Consumers Energy. The Agreement, including all attachments,
constitutes the entire agreement between Customer and Consumers Energy and may only be amended in
writing signed by each of the Parties. If any of its provisions shall be held invalid or unenforceable, this
Agreement shall be construed as if not containing those provisions and the rights and obligations of the Parties
hereto shall be construed and enforced accordingly. This Agreement shall be binding upon the Parties together
with their successors and permitted assigns. Each Party shall be responsible for its Representatives’ compliance
with the Agreement. Customer shall promptly notify Consumers Energy in writing of any changes occurring
during the Term to the Customer address(es) set forth in this Agreement.
Form 1569 3-2023 2024 Season – Emergency with Generator Page 5 of 16
c. Force Majeure. The Parties to this Agreement shall be excused from any failure or delay in the performance of
their obligations if such obligations are prevented from being fulfilled due to Force Majeure. A Party unable to
fulfill any obligation hereunder (other than an obligation to pay money when due) by reason of Force Majeure,
shall give notice and the full particulars of such Force Majeure to the other Party in writing or by telephone as
soon as reasonably possible after the occurrence of the cause relied upon. Telephone notices given pursuant to
this article shall be confirmed in writing as soon as reasonably possible and shall specifically state full
particulars of the Force Majeure, the time and date when the Force Majeure occurred and when the Force
Majeure is reasonably expected to cease. The Party affected shall exercise due diligence to remove such
disability with reasonable dispatch, but shall not be required to accede or agree to any provision not
satisfactory to it in order to settle and terminate a strike or other labor disturbance. A “Force Majeure” shall
include any act, event, or occurrence beyond the Party’s reasonable control, which the Party, despite its best
efforts, is unable to prevent, avoid, overcome, delay or mitigate, including but not limited to: floods, epidemics,
earthquakes, quarantine, blockade, war, insurrection or civil strife or terrorism, provided, however, that Force
Majeure shall in no event include (i) failure of Subcontractors or Suppliers to deliver services, materials or
components or receipt from any Subcontractor or Supplier of defective services, material or components unless
same were themselves caused by a Force Majeure Event; (ii) technological impossibility; (iii) a governmental act
or failure to act, or order or injunction, caused by any act or failure to act of the Seller or any Subcontractor or
Supplier; (iv) strikes or work stoppages; or (v) inclement weather.
d. Warranty Limitations. THE MONITORING SYSTEM (AND ANY SOFTWARE, HARDWARE, OR OTHER
COMPONENT THEREOF) AND ALL SERVICES HEREUNDER ARE PROVIDED AS IS BY CONSUMERS ENERGY
WITHOUT ANY WARRANTY OF ANY KIND. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
e. Governing Law; Actions; Etc.: This Agreement shall be deemed a Michigan contract and shall be governed by
and interpreted in accordance with the laws of the State of Michigan; excluding any conflicts of laws principles
that would result in this Agreement being interpreted in accordance with any different law. Venue for any lawsuit
arising out of or in connection with this Agreement shall be exclusively in the courts of the State of Michigan or
a Federal court sitting in the State of Michigan. Any legal action against Consumers Energy relating to this
Agreement or the breach thereof shall be commenced within one year from the date on which the claimed
breach, default or other cause of action arose (and, without limiting the foregoing, in all events not later than
one year after the date of completion or other cessation of performance of the work hereunder). This Agreement
is intended for the benefit of the parties herein only and does not grant any rights to any third parties unless
otherwise specifically stated herein. If Customer defaults in the timely performance of any of its obligations
hereunder, then Consumers Energy may, at its option, and in addition to any and all other rights or remedies it
may have hereunder or at law or equity, terminate this Contract by written notice to Customer.
IN WITNESS WHEREOF, and intending to be legally bound, the Parties have duly executed this Agreement by
their authorized representatives as of the Effective Date.
CONSUMERS ENERGY COMPANY CITY OF MUSKEGON
(Customer)
By: By:
(Signature) (Signature)
(Print or Type Name) (Print or Type Name)
(Date) (Date)
Form 1569 3-2023 2024 Season – Emergency with Generator Page 6 of 16
Form 1569 3-2023 2024 Season – Emergency with Generator Page 7 of 16
ATTACHMENT A -
CUSTOMER BASELINE CALCULATIONS AND PERFORMANCE OBLIGATIONS
“Original Baseline Demand” calculation methodology – for interruptions called on normal business days, calculate an
average hourly demand profile based on the demands created during the ten (10) non-interruption business days
immediately preceding an interruption notification, excluding Saturday, Sunday and holidays as recognized in the
Company’s Electric Rate Book (“Normal Baseline Demand”). .
“Day of Adjustment” calculation methodology - starts at the point of the interruption event and counts back four (4)
hours. (For purposes of clarification – for the “Day of Adjustment” calculation only the baseline is calculated beginning
from the start of the interruption event and moving backwards by four (4) hours). The “Original Baseline Demand” will
be ADJUSTED up/down on the day of an event by the ratio of (a) the sum of hourly demands for the three (3) hours
beginning four (4) hours prior to the interruption event and (b) the sum of those same three hours unadjusted
consumption baseline demands. The resultant change to the Original Baseline Demand is limited to +/- 20% of the
Original Baseline Demand and is referred to as the “Adjusted Baseline Demand”.
Demand Response Enactment Event examples:
*Prior 10 business day/24-hour baseline = 100 kW with a 20 kW Nomination amount (Use this information for all
scenarios).
Scenario #1
4 hours prior “Day of Adjustment” = 70 kW average demand for the 3 hours.
What is the Adjusted Baseline Demand to reduce power against = (The 70 kW average demand during the 3 hour “Day
of Adjustment” period represents a 30% decrease from the Original Baseline Demand, so the Original Baseline Demand
will be reduced by only 20%, as per the “Baseline” calculation methodology). Adjusted Baseline Demand = 80 kW.
To FULLY comply during this event - Load reduction = 80 kW – 20 kW (Nomination) = Customer would need to reduce
load to 60 kW to comply at 100%.
Scenario #2
4-hour prior “Day of Adjustment” = 110 kW average demand for the 3 hours.
What is the Adjusted Baseline Demand to reduce power against = (The 110 kW average demand during the 3 hour “Day
of Adjustment” period represents a 10% increase from the Original Baseline Demand, so the Original Baseline Demand
will be increased by 10%, as per the “Baseline” calculation methodology). Adjusted Baseline Demand = 110 kW.
To FULLY comply during this event - Load reduction = 110 kW – 20 kW (Nomination) = Customer would need to reduce
load to 90 kW to comply at 100%.
Scenario #3
4-hour prior “Day of Adjustment” = 95 kW average demand for the 3 hours.
What is the Adjusted Baseline Demand to reduce power against = (The 95 kW average demand during the 3 hour “Day
of Adjustment” period represents a 5% decrease from the Original Baseline Demand, so the Original Baseline Demand
will be decreased by 5%, as per the “Baseline” calculation methodology). Adjusted Baseline Demand = 95 kW.
To FULLY comply during this event - Load reduction = 95 kW – 20 kW (Nomination) = Customer would need to reduce
load to 75 kW to comply at 100%.
Scenario #4
4-hour prior “Day of Adjustment” = 125 kW average demand for the 3 hours.
Form 1569 3-2023 2024 Season – Emergency with Generator Page 8 of 16
What is the Adjusted Baseline Demand to reduce power against = (The 125 kW average demand during the 3 hour “Day
of Adjustment” period represents a 25% increase from the Original Baseline Demand, so the Original Baseline Demand
will be increased by only 20%, as per the “Baseline” calculation methodology.) Adjusted Baseline Demand = 120 kW.
To FULLY comply during this event - Load reduction = 120 kW – 20 kW (Nomination) = Customer would need to reduce
load to 100 kW to comply at 100%.
Form 1569 3-2023 2024 Season – Emergency with Generator Page 9 of 16
SITE ADDRESS ATTACHMENT
SITE ADDRESSES
CONTRACT ESTIMATED
ACCOUNT METER CAPACITY
SITE NAME SITE ADDRESS NUMBER NUMBER (kW)
Muskegon Water Filtration 1900 Beach St 100000360717 80042878 547
Form 1569 3-2023 2024 Season – Emergency with Generator Page 10 of 16
Attachment B
CONSUMERS ENERGY DEMAND
RESPONSE 2024 ENERGY
REDUCTION PLAN
Company Name: City of Muskegon_______
Facility Contact Name: Joe Buthker_______
Address Line 1: 1900 Beach St________
Address Line 2: Muskegon, MI 49441_______
Contract Account #: 100000360717 _______
Contract Type: ☐ Emergency ☒ Emergency with Generator
DR Nomination: 547_kW
DR Event Procedure: Consumers Energy will notify you that a DR event has been dispatched.
1. Confirm phone, e-mail, and/or text notifications sent by Consumers Energy.
2. Manually shut down the following equipment by the time the DR event begins.
3. If applicable, turn on generator and transfer specified building load to the generator.
4.
Equipment Shutdown Procedure Load Reduction (kW)
Transition all site load to back-up
All Site Laod generation. Same process for power 547kW
outages.
Form 1569 3-2023 2024 Season – Emergency with Generator Page 11 of 16
Equipment Shutdown Procedure Load Reduction (kW)
TOTAL kW’s
Did the customer participate in DR in previous seasons? If so, what was their nomination and how did they
perform? Other comments:
Date Completed: ___ By: ___
Form 1569 3-2023 2024 Season – Emergency with Generator Page 12 of 16
Attachment C
CONTACT LIST
During a Demand Response event, Consumers Energy will contact the people in your
facility who have been instructed on the implementation of your Energy Reduction Plan. These notifications are
automated and at least ONE contact is expected to respond to the message by pressing "1" to hear the message
and then again pressing "1" to confirm receipt.
Event alerts, warnings, enactments, and all clear notifications will come to you from EMAIL
ADDRESS: [email protected]
PHONE and SMS: 800-500-6565 and 866-402-7267
If you have questions regarding web access, or have contact updates, please contact the Network Operations Center for
Demand Response:
EMAIL ADDRESS: [email protected]
PHONE: 800-500-6565
Please type in the information below for a MINIMUM of THREE contacts.
Site Information
Site Name: Muskegon Water Filtration Plant
Site Address: 1900 Beach St
City: Muskegon State: Michigan Zip: 49441
Account Number: 100000360717
Contact Name: Shift Operator Web Access
Job Title: Water Plant Operator
I would like to receive text message notification Yes No Web Portal Access:
Direct Dial Phone Number: (231) 724 - 4106 EXTENSION:
Mobile Number: Yes No
Pager Number:
E-mail Address:
Contact Name: Joe Buthker Web Access
Job Title: Water Plant Superintendent
I would like to receive text message notification Yes No Web Portal Access:
Direct Dial Phone Number: (231) 724-4104 EXTENSION:
Mobile Number: (231) 730-3677 Yes No
Pager Number:
E-mail Address: [email protected]
Contact Name: Joshua Parmer Web Access
Job Title: Chief Water Plant Operator
I would like to receive text message notification Yes No Web Portal Access:
Form 1569 3-2023 2024 Season – Emergency with Generator Page 13 of 16
Direct Dial Phone Number: (231) 724 -4105 EXTENSION:
Mobile Number: (231) 760 - 0216 Yes No
Pager Number:
E-mail Address: [email protected]
Contact Name: Web Access
Job Title:
I would like to receive text message notification Yes No Web Portal Access:
Direct Dial Phone Number: EXTENSION:
Mobile Number: Yes No
Pager Number:
E-mail Address:
Contact Name: Web Access
Job Title:
I would like to receive text message notification Yes No Web Portal Access:
Direct Dial Phone Number: EXTENSION:
Mobile Number: Yes No
Pager Number:
E-mail Address:
Contact Name: Web Access
Job Title:
I would like to receive text message notification Yes No Web Portal Access:
Direct Dial Phone Number: EXTENSION:
Mobile Number: Yes No
Pager Number:
E-mail Address:
Contact Name: Web Access
Job Title:
I would like to receive text message notification Yes No Web Portal Access:
Direct Dial Phone Number: EXTENSION:
Mobile Number: Yes No
Pager Number:
E-mail Address:
Form 1569 3-2023 2024 Season – Emergency with Generator Page 14 of 16
GENERATOR
ATTACHMENT D
Please fill out the table below
Fuel Type = Example, Natural gas or Diesel. Model Year = When the engine was built? Engine HP = Should be reflected on
the generator/engine tag.
Diesel Type/Ultra Low Sulfur Diesel (ULSD) = Are you using ultra low sulfur diesel?
DIESEL TYPE (ULSD) Site Account
FUEL TYPE MODEL YEAR ENGINE HP
(Yes or No) Number
Diesel 2014 1500kW Yes 100000360717
Diesel 1999 1000kW Yes 100000360717
Form 1569 3-2023 2024 Season – Emergency with Generator Page 15 of 16
Form 1569 3-2023 2024 Season – Emergency with Generator Page 16 of 16
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 9, 2023 Title: New Year’s Eve Ball
Drop
Submitted By: Jacqui Erny Department: DPW
Brief Summary:
Lakeshore Legacy Project is proposing a New Year’s Eve Ball Drop on Western Ave. Since the
noise ordinance would be broken after 11 pm, commission approval is required.
Detailed Summary & Background:
Lakeshore Legacy Project applied to have a special event on New Years Eve. The event would
begin at 8 pm and includes a stage with a few DJs until midnight. At midnight there will be a ball
drop and a one-minute firework display. The event would end before 12:30 am.
Goal/Focus Area/Action Item Addressed: Proceed with events and activities.
Amount Requested: NA Amount Budgeted: NA
Fund(s) or Account(s): NA Fund(s) or Account(s): NA
Recommended Motion:
To approve the Lakeshore Legacy Project’s New Year’s Eve ball drop event.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head X Information Technology
Other Division Heads X Communication Yes
No X
Legal Review
For City Clerk Use Only:
Commission Action:
Lakeshore Legacy Project
Muskegon, MI NYE 2024
December 31, 2023
We produce each show with tireless dedication. We treat each employee, supplier,
and regulator with respect. Individual and team initiative drives our company.
Imaginative people are the core of our success. Ensuring safety is our top priority.
Great performances are our passion.
You have a vision for your event and Pyrotecnico will work tirelessly to design a spectacular
display to match that vision. Our staff has an unrivaled passion for what we do and that
results in superior customer service, advanced display designs, and safe certified/licensed
pyrotechnicians for your event.
Stephen Vitale - President & CEO - [email protected]
As the President and CEO of Pyrotecnico, Stephen provides the leadership for all of our employees and creates the philosophy by
which we excel. Stephen has 30 years of experience in the fireworks and special effects industries.
Chris Liberatore - Vice President Director of Sales - [email protected]
Chris supervises the servicing of client accounts, ensuring that you are completely satisfied with our service and your crowd will
experience the best show they have ever seen.
Michael Falk – Account Manager - [email protected]
Michael services client accounts, making sure that all aspects of your program are completed in a timely manner.
Wanda Schoof – Sales Coordinator – [email protected]
Wanda aids Michael in obtaining all permits necessary for your event and making sure every detail of the preparation process has
been addressed.
Leigh Ann Hagerty - Sales Coordinator - [email protected]
Leigh Ann aids Michael in obtaining all permits necessary for your event and making sure every detail of the preparation process
has been addressed.
Client: Lakeshore Legacy Project
Event Date: December 31, 2023
Prepared for: Terry Puffer
Type of Show: Aerial firework display – 100% electronic fired, no hand firing
Length of Show: 1 minute NYE celebration timed to the ball drop
Type of Pyrotechnic Effects: All aerial shells – 2.5” to 3”. All product will break 250’ or higher.
No low level product.
Proposal Includes:
Licensed Professional Pyrotechnicians
All Fireworks Material Necessary to the Production
All Firing Equipment Necessary to the Production
Computer-Designed Choreography
Permits created for submittal to City of Muskegon
$5,000,000 Public Liability Insurance
Workers Compensation Insurance
All Transportation Expenses
Proposal Cost: $5,000.00
$5,000.00 High Impact 1 Minute Aerial Fireworks Display
This show will be a full on finale style NYE celebration to
complement the ball drop with action packed excitement.
The show will last exactly 1 minute and end with a multitude of
salutes to put Muskegon on the map as the place to be to ring in the
New Year.
$5,000.00
Thank you for the time and consideration that you have given us.
We recognize that your standards of excellence must be matched by the vendors that you select for any event. We are honored to
have this opportunity to accomplish something spectacular for your organization, and will always strive to exceed expectations.
Pyrotecnico will work tirelessly throughout this process to ensure that every element of the program runs smoothly. From
permitting and license paperwork, to design and choreography, to the safe operation of your display, we will endeavor to provide
peace-of-mind throughout our partnership.
Thank you again and we look forward to hearing from you very soon.
Michael Falk | Account Manager
800.771.7976 (Office)
616.427.0377 (Cell)
Lakeshore Legacy Project Pyrotecnico Fireworks Inc.
Muskegon NYE Ball Drop 3/25/2023 Michael Falk
210’
No spectators inside
the RED Safety Circle
during the display.
All roads remain
OPEN at all times
X
Ball drop
Launch Location Setup area: 50’ X 50’ Radius from setup area: 210’
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: 5/9/2023 Title: Equipment Supervisor
Submitted By: Joe Buckingham Department: DPW
Brief Summary:
Equipment Division scheduled public safety vehicle replacement.
Detailed Summary & Background:
The Equipment Division is seeking permission to purchase 3 new police cruisers. This purchase
will be through Berger Chevrolet the Mi-Deal State contract holder. These vehicles will replace
cruisers coming out of service.
Purchase will include (3) 2023 Chevrolet Tahoe Police cruisers for a total of $119,958.00. The car
prices came out slightly higher than the budgeted amount as shown below, but to be able to order
the cars at the MiDeal pricing in this difficult supply environment is crucial and staff recommends
we proceed.
Goal/Focus Area/Action Item Addressed: Sustainability in financial practices and infrastructure.
Amount Requested: $119,958.00 Amount Budgeted: $117,000.00
Fund(s) or Account(s): Equipment fund Fund(s) or Account(s): 661-563-978
Recommended Motion:
Authorize staff to proceed with purchase of three 2023 Chevrolet Tahoe Police Cruisers
Approvals: Legal Review Guest(s) Invited / Presenting
Immediate Division Head Information Technology Yes
Other Division Heads Communication No
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 9, 2023 Title: ARPA Community
Grant Review Committee
Submitted By: Peter Wills Department: Manager’s Office
Brief Summary: Members of the City’s ARPA Community Grant Review Committee have been
identified and approval for the formalization of the committee is being requested.
Detailed Summary & Background:
On February 14th, 2023 the City Commission authorized the dedication of $1.6M from the City’s
remaining allocation of American Rescue Plan Act (ARPA) federal stimulus funds for the creation
of a city-sponsored ARPA Community Grant program. https://muskegon-mi.gov/cresources/ARP-
001-Grant-Application-Program-Guidelines.2.16.pdf
An ARPA Community Grant Review Committee has been established to review eligible
applications and submit recommendations to the Commission. The Commission will review and
make funding decisions at a Regular Committee Meeting in June.
The Review Committee is comprised of (6) members: one representative from each of the (4) City
Commission Wards, the City Manager and the Director of the Community and Neighborhood
Services Department. Two representative(s) from local Community Based Organizations will be
included to act in an advisory capacity.
Ward 1 – Lawrence Baker / Ward 2 – Leon Howard / Ward 3 – Jennifer Sanocki / Ward 4 –
Nina Leask
Goal/Focus Area/Action Item Addressed: Community Connection; Foster strong ties among
government and community agencies
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To approve the proposed representatives from each of the (4) City
Committee Wards as part of the ARPA Community Grant Review Committee.
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:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 9, 2023 Title: Social District Permit
recommendation
Submitted By: Dave Alexander Department: City Manager
Brief Summary: The City Commission must recommend approval of the Michigan Liquor Control
Commission permits of participating licensed establishments in the Downtown Muskegon Social
District.
Detailed Summary & Background: With the establishment of the Downtown Muskegon Social
District, participating licensed establishments must receive a Social District permit from the
Michigan Liquor Control Commission. The MLCC must first receive a recommendation for approval
from the City Commission before granting the permits. Rake Beer Project LLC has been a social
district participating licensed establishment at its former location at 794 Pine Street. With the move
to 800 W. Western Avenue, Suite 200, Rake must receive a new social district permit with its new
MLCC license for that location.
Goal/Focus Area/Action Item Addressed: GOAL 1: DESTINATION COMMUNITY & QUALITY OF LIFE
Create an environment that puts an emphasis on improving amenities and investing in the traits that
positively affect residents’ quality of life and attract visitors.
Amount Requested: None 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 resolution recommending Michigan Liquor Control
Commission approval of Social District permit in the Downtown Muskegon Social District for Rake
Beer Project LLC and to direct the City Clerk to certify the City Commission action with the MLCC.
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:
RESOLUTION RECOMMENDING DOWNTOWN MUSKEGON SOCIAL DISTRICT
PERMIT APPLICATON APPROVAL
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the “City”), held at Muskegon City Hall, 933 Terrace, Muskegon, MI 49440
on the 9th day of May, 2023 at 5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by Commissioner
___________________ and supported by Commissioner __________________.
WHEREAS, in accordance with Public Act 124 of 2020 on the establishment of Social
Districts within a Michigan city; and
WHEREAS, COVID-19 pandemic has caused unprecedented economic disruption
worldwide and within our local business community; and
WHEREAS, restaurants and bars, which have been key contributors to the historic
redevelopment of Downtown Muskegon, have been and will continue to be hard hit by the
economic impact post pandemic; and
WHEREAS, increasing availability of outdoor spaces for dining and drinking will help
downtown and its businesses recover; and
WHEREAS, Public Act 124 of 2020 empowers local governments like the City of
Muskegon to enhance its downtowns with Social Districts and accompanying Common Areas
where purchasers may consume and possess alcoholic beverages sold by multiple qualified
Michigan Liquor Commission licensees who obtain Social District Permits; and
WHEREAS, the City Commission has designated a Downtown Muskegon Social District
and Common Area, and
WHEREAS, the city has received requests from multiple qualified licensees to
recommend approval of their Social District Permit applications by the Michigan Liquor Control
Commission, and
WHEREAS, the licensed establishments are contiguous to the Common Area within the
Social District, and
WHEREAS, the City Commission desires to recommend approval of the Social District
Permit applications,
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Social District Permit Applications from the following licensees are
recommended by the City Commission to consideration and approval by the
Michigan Liquor Control Commission:
a. Rake Beer Project LLC, 800 W. Western, Suite 200.
2. The City Clerk is authorized and directed to provide each applicant with a certification
of this action in the form specified by the Michigan Liquor Control Commission.
AYES:
NAYS:
RESOLUTION DECLARED APPROVED.
Ken Johnson, Mayor
Ann Marie Meisch, City Clerk
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on May 9, 2023 and that said meeting was conducted and public notice of
said meeting was given pursuant to and in full compliance with the Open Meetings Act, being
Act 267, Public Acts of Michigan, 1976 and that the minutes of said meeting were kept and will
be or have been made available as required by said Act.
Ann Marie Meisch, City Clerk
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 8, 2022 Title: Community Relations Committee
Recommendations
Submitted By: Ann Marie Meisch Department: Clerk
Brief Summary: To concur with the CRC recommendations on the following removals,
appointments, and amendments to meeting frequency on the CDC-CDBG.
Detailed Summary:
The CRC recommends:
Removals and Appointments:
- Removing Ron Hayward – Neighborhood Association Member – Term Expiring 1/31/2025 from
the Citizen’s Police Review Board.
- Appointing Faye Redmond – Citizen At-Large – Term Expiring 1/31/2025 to the Citizen’s Police
Review Board
- Appointing Faye Redmond – Citizen/Interest in District – Term Expiring 1/31/2027 to the Local
Development Finance Authority
CDC-CDBG Meeting Frequency Amendment:
- Amend the meeting frequency for the CDC-CDBG from monthly to four times per year.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To concur with the recommendation of the CRC to make the above
appointments, removals, and amendments to meeting frequencies.
For City Clerk Use Only:
Commission Action:
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 8, 2022 Title: Community Relations Committee
Recommendation for Ordinance
Submitted By: Ann Marie Meisch Department: Clerk
Brief Summary: To concur with the CRC recommendations to approve the ordinance and establish
the Parks & Recreation Advisory Committee.
Detailed Summary:
The CRC recommends:
The Community Relations Committee recommends approval of the Parks & Recreation Advisory Committee.
The CRC also recommends that the Commissioner serving on the Parks & Recreation Advisory Committee serve
as the Committee’s Chairperson.
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion: To concur with the CRC recommendations to approve the ordinance and
establish the Parks & Recreation Advisory Committee.
For City Clerk Use Only:
Commission Action:
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO.
The purpose is to create an ordinance to provide the ability to create the Parks & Recreation Advisory
Committee
ARTICLE III. PARKS AND RECREATION ADVISORY COMMITTEE*
Sec. 68-61 Definition.
As used in this article, the term “board” means the Parks and Recreation Advisory Committee created by
this article.
Sec. 58-62. Created; composition; appointment of members.
There is hereby created a parks and recreation advisory committee consisting of eleven members as
follows:
(1) One shall be a member of the city commission to be selected by and from the city
commission.
(2) One shall be a member from Muskegon Public Schools.
(3) One shall be a citizen who resides in the City of Muskegon.
(4) Eight shall be citizens who reside in the City of Muskegon with two being representative of
each of the four wards.
Sec. 58-63. Terms of members; filling of vacancies.
(a) The term of any member of the board shall not exceed three years.
(b) Notwithstanding subsection (a) of this section, any member of the board shall serve at the
pleasure of the city commission.
(c) Vacancies on the board shall be filled by mayoral appointment with the approval of the city
commission.
Sec. 58-64. Selection of officers; general powers and duties of board.
(a) The members of the board shall meet and organize by selecting such officers as may be
necessary and adopt any rules or bylaws deemed necessary by the board to discharge in an
orderly manner those duties hereafter assigned.
(b) It shall be the duty of the board to advise the city commission upon those matters relating
to the proper conduct of public recreation, programs and/or facilities within the city which
shall be referred to such board from time to time, by the director of parks & recreation;
provided, however, nothing contained in this article shall prohibit any member of the board
from placing any item of business on the agenda of any board meeting. In addition, thereto,
the board shall advise the city commission upon matters referred to the board from time to
time by the city commission.
This ordinance adopted:
Ayes:
Nayes:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: __________________________
Ann Meisch, MMC - City Clerk
CERTIFICATE (Creation of the Parks & Recreation Advisory Committee)
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 14th day of
March 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 Act No. 267, Public Acts
of Michigan of 1976, and that minutes were kept and will be or have been made available as required
thereby.
DATED: March 14, 2023 ________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish
Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on March 14, 2023 the City Commission of the City of Muskegon adopted an
ordinance to provide the ability to create a Parks & Recreation Advisory Committee, summarized as
follows:
1. The board shall consist of eight members including a city commissioner, residents of the City of
Muskegon, and a professional with experience relating to the board.
2. The board will advise the city commission upon matter relating the proper conduct of public
recreation, programs and/or facilities within the city.
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 CITY OF MUSKEGON
By: Ann Meisch, MMC, City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.