Mayor Pat Humphrey & Clare City Commissioners FROM: Diane Lyon, City Clerk DATE

Home , Connie Binsfeld, Jocelyn Benson, Rick Outman

AGENDA REPORT

TO: Mayor Pat Humphrey & Clare City Commissioners FROM: Diane Lyon, City Clerk DATE: May 31, 2019 RE: *Communications

For the Agenda of June 03, 2019

*Note: This is a Consent Agenda item and is considered as routine by the City Commission. As such, this matter shall be automatically enacted by one motion with all other Consent Agenda items unless a Commissioner or citizen requests this item be individually discussed, in which event it shall be removed from the Consent Agenda and considered and acted upon in its designated sequence on the approved Clare City Commission agenda of June 03, 2019

FOIA Requests: The most recent FOIA requests & responses are attached for your information; Claims USA; three from McDowell & Associates; Sherlock Investigations; Fair Salvage.

Charter Communications: The city received notice of Charter’s intent to discontinue pro rata credit to customers.

Resident Recommendation & Response: The city received a request from a city resident to remove downed trees & debris from the Little Tobacco Drain between North Cleveland Street through McIreland Trail to the US127 bridge; the city provided a letter of response.

Attorney General Nessel Opinion on PA 608: The city received an opinion from the AG that portions of PA 608 which passed in 2018 are unconstitutional.

Senator Rick Outman Newsletter: Senator Outman has provided an e-newsletter to constituants.

Attachments. As noted above.

Geotechnical, Environmental & Hydrogeological Services  Materials Testing & Inspection

May 30, 2019 Clare Fire Department c/o City Clerk – FOIA Coordinator 202 W. Fifth Street Clare, MI 48617 Job No. 19-65952

Subject: FOIA Request 720 Industrial Drive Clare, Michigan

McDowell & Associates is conducting a Phase I Environmental Site Assessment on the aforementioned parcel located at 720 Industrial Drive, City of Clare, Isabella County, Michigan. The parcel is currently occupied by JD Metalworks.

A map is attached.

We would like to know about any environmental information regarding the subject property and adjoining addresses, including but not limited to: Underground Storage Tanks (USTs), Above Ground Storage Tanks (ASTs), noxious odors, and any spills or responses that may have occurred on or associated with the property that the Fire Department may have in their files.

It would be extremely helpful if you could reference the following job number in your response: 19-65952.

Please contact me if copies of the records are available and I will pick them up (or to notify me if no records exist).

Thank you for your cooperation in assisting us in this urgent matter. We look forward to hearing from you. Respectfully Submitted,

McDOWELL & ASSOCIATES

Erik L. Johnson Environmental Scientist / Midland Operations Manager

Detroit Michigan Office Southeast Michigan Office Mid-Michigan Office 1000 Maple Street, Suite M100, 21355 Hatcher Avenue, Ferndale, MI 3730 James Savage Rd, Midland, MI Detroit, MI 48207 48220 48642 P: (248) 399-2066  F: (248) 399-2351 P: (989) 496-3610  F: (989) 496-3190

Topo North America™ 9 Site Location Map

Data use subject to license. TN Scale 1 : 24,000 0 600 1200 1800 2400 3000 ft © DeLorme. Topo North America™ 9. MN (6.8°W) m 0 200 400 600 800 1000 www.delorme.com 1" = 2,000.0 ft Data Zoom 13-0

Geotechnical, Environmental & Hydrogeological Services  Materials Testing & Inspection

May 30, 2019 Clare Fire Department c/o City Clerk – FOIA Coordinator 202 W. Fifth Street Clare, MI 48617 Job No. 19-65951

Subject: FOIA Request 520 Industrial Drive Clare, Michigan

McDowell & Associates is conducting a Phase I Environmental Site Assessment on the aforementioned parcel located at 520 Industrial Drive, City of Clare, Isabella County, Michigan. The parcel is currently occupied by JD Metalworks.

A map is attached.

It would be extremely helpful if you could reference the following job number in your response: 19-65951.

Please contact me if copies of the records are available and I will pick them up (or to notify me if no records exist).

Thank you for your cooperation in assisting us in this urgent matter. We look forward to hearing from you. Respectfully Submitted,

McDOWELL & ASSOCIATES

Erik L. Johnson Environmental Scientist / Midland Operations Manager



May 30, 2019 Clare 7vyqvt6rvt9rh r c/o City Clerk – FOIA Coordinator !!XAvsuT rr 8yh rHD#'% & EiI (%$($ Tiwrp) APD6Srr $!Dq vhy9 vr 8yh rHvpuvth Hp9ryy6pvhrvpqpvthQuhrD@v rhyTvr6rrurhs rrvrq h pryyphrqh$!Dq vhy9 vr8vs8yh rDhiryyh8HvpuvthUurh pryvp ry ppvrqiE9Hrhy x 6hvhhpurq Xryqyvxrhpyrrpshvs hv rth qvturiwrp r uhur8vhuhr vurv svyrXrh rh vpyh yvr rrqvhpshuvt ryhrquv vphyrsur r ivyqvt qryvv vyvvr rvhy qr t q htr hx v rr vrpvvyhvrp Dyqirr rryurysyvspyq rsr rprursyyvtwiir v rr) 19-65951 Please contact me if copies of the records are available and I will pick them up (or to notify me if no records exist). Uuhxs pr hvvhvvtvuv trhr Xryxs h qurh vts SrrpsyyTivrq Hp9PX@GG6TTP8D6U@T

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Topo North America™ 9 Site Location Map

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Geotechnical, Environmental & Hydrogeological Services  Materials Testing & Inspection

May 30, 2019 Clare Fire Department c/o City Clerk – FOIA Coordinator 202 W. Fifth Street Clare, MI 48617 Job No. 19-65950

Subject: FOIA Request 635 Industrial Drive Clare, Michigan

McDowell & Associates is conducting a Phase I Environmental Site Assessment on the aforementioned parcel located at 635 Industrial Drive, City of Clare, Isabella County, Michigan. The parcel is currently occupied by JD Metalworks.

A map is attached.

It would be extremely helpful if you could reference the following job number in your response: 19-65950.

Please contact me if copies of the records are available and I will pick them up (or to notify me if no records exist).

Thank you for your cooperation in assisting us in this urgent matter. We look forward to hearing from you. Respectfully Submitted,

McDOWELL & ASSOCIATES

Erik L. Johnson Environmental Scientist / Midland Operations Manager



May 30, 2019 Clare 7vyqvt6rvt9rh r c/o City Clerk – FOIA Coordinator !!XAvsuT rr 8yh rHD#'% & EiI (%$($ 6rv)7vyqvthq6rvt Tiwrp) APD6Srr %"$Dq vhy9 vr 8yh rHvpuvth Hp9ryy6pvhrvpqpvthQuhrD@v rhyTvr6rrurhs rrvrq h pryyphrqh%"$Dq vhy9 vr8vs8yh rDhiryyh8HvpuvthUurh pryvp ry ppvrqiE9Hrhy x 6hvhhpurq Xryqyvxrhpyrrpshvs hv rth qvturiwrp r uhur8vhuhr vurv svyrXrh rh vpyh yvr rrqvhpshuvt ryhrquv vphyrsur r ivyqvt qryvv vyvvr rvhy qr t q htr hx v rr vrpvvyhvrp Dyqirr rryurysyvspyq rsr rprursyyvtwiir v rr) 19-65950 Please contact me ! " #"$ % % &'( Xryqt rhyh rpvhr pr hvhqphy rruv trvr SrrpsyyTivrq Hp9PX@GG6TTP8D6U@T

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Topo North America™ 9 Site Location Map

Data use subject to license. TN Scale 1 : 24,000 0 600 1200 1800 2400 3000 ft © DeLorme. Topo North America™ 9. MN (6.8°W) m 0 200 400 600 800 1000 www.delorme.com 1" = 2,000.0 ft Data Zoom 13-0

Diane Lyon

From: Michigan Department of Attorney General [[email protected]] Sent: Wednesday, May 22, 2019 4:49 PM To: Diane Lyon Subject: Nessel Opinion Determines Portions of 2018 Election Law Unconstitutional

MEDIA CONTACT: Kelly Rossman-McKinney (o) 517-335-7666 (c) 517-512-9342

FOR IMMEDIATE RELEASE Wednesday, May 22, 2019

Nessel Opinion Determines Portions of 2018 Election Law Unconstitutional

LANSING – In response to an opinion request submitted earlier this year by Michigan Secretary of State Jocelyn Benson, Attorney General Dana Nessel has determined that portions of Public Act 608 of 2018 – which was passed during a hasty lame duck session – failed to meet constitutional requirements.

Benson sought the opinion shortly after taking office, saying, “Public Act 608 establishes new grounds for rejecting otherwise valid petition signatures, including the failure to comply with the limit on the number of signatures per congressional district, the requirement to file a paid signature gatherer’s affidavit prior to gathering signatures, and the circulator’s obligation to check a box indicating whether he or she is a paid or volunteer signature gatherer.” Benson asked for an opinion clarifying whether these and other provisions in the new law are constitutional as her department prepares to implement changes required by the new law. View the full opinion here.

“Several senior staff contributed to the research, analysis and preparation of this opinion,” said Nessel. “Based on our review, this

1 new law clearly violates the Constitution on several – but not all – fronts. With these issues resolved, Secretary Benson and her team can now go forward in the work they need to do in managing Michigan’s election process.”

Attorney General Nessel’s opinion – OAG No. 7310 – found several aspects of the new law unconstitutional:

 15 percent signatures per Congressional District. Under Michigan’s Constitution, advocates to adopt or reject laws or to propose constitutional amendments must gather signatures on petitions to get those proposals on the ballot. PA 608 added a new limit on voters’ ability to support those petitions by requiring that no more than 15 percent of the total number of signatures counted in support of a petition can come from any one of Michigan’s 14 congressional districts.

This new requirement is unconstitutional because it creates an obstacle for voters without any support in the Constitution itself. The Michigan Constitution gives Michiganders the right to support change in the law, and while the Legislature can write laws to implement the process, the Legislature cannot cut voters out of the process.

 County Forms v. Congressional District Forms. To accommodate the new 15 percent signature limitation by Congressional district, PA 608 required the SOS to create petition forms based on congressional districts rather than counties.

The opinion concludes that with the signatures-by-district requirement having been found unconstitutional, the Legislature would not have intended the use of district-based petition forms.

 Circulator Affidavit and Check Boxes. As enacted, PA 608 requires that a paid signature gatherer file an affidavit with the Secretary of State indicating they are a paid signature gatherer before circulating any petition sheets and that any signatures obtained before that affidavit is filed are invalid and won’t be counted. This singles out paid circulators with no apparent valid state interest in doing so. PA 608 also requires that the petition forms have a circulator disclosure statement that has “check boxes” on the form for the signature gatherer to indicate they are either a paid or volunteer gatherer.

The opinion concludes that focusing on petition circulators rather than proponents of the petition, singling out paid circulators with a separate procedural hurdle, and requiring “check boxes’ that could lead to circulator harassment, are all new requirements that fail to withstand constitutional concerns aimed at preserving free- speech rights.

A number of PA 608’s provisions were found to withstand constitutional concerns:

 Falsification of Certificate and Catchall Form Mistakes. The new law states that if the circulator provides false or fraudulent information on the petition sheet, it invalidates all the signatures on the petition sheet. The new law also includes a general provision that any form or content mistakes invalidate all signatures on the sheet. 2

The opinion finds that the substantial interest of the State in promoting the integrity of the process outweighs the potential burden imposed on petition sponsors and electors.

 Optional Approval of Petition Form. PA 608 establishes a mechanism for the Board of State Canvassers to set and approve the summary of the purpose of the petition and, if that is done, then the Board cannot later consider a challenge of the petition based on the summary – but it can take up to 30 days for the summary approval process to take place.

While the Legislature likely intended to create a safe harbor limiting some challenges before the Board of State Canvassers, the opinion recognizes that this additional step is optional and need not be taken if proponents are concerned they will have insufficient time to gather signatures. Consequently, the opinion concludes that this provision is constitutional.

 Challenges to the Board Determination go to the Supreme Court. PA 608 requires that a challenge to the Board of State Canvassers’ determination of petition sufficiency must be filed in the Michigan Supreme Court (rather than the Court of Appeals).

The opinion finds that this requirement is constitutional but notes that the Supreme Court may choose to direct the challenge to the Court of Appeals.

As written, the statute also directs the Michigan Supreme Court to advance the case on its docket “for the earliest possible disposition.”

The opinion recognizes that this directive to the Michigan Supreme Court violates separation of powers principles as the Supreme Court is the branch of government with authority to implement the rules of practice and procedure for the State’s courts, including its own docket.

During the process of preparing this opinion, the Opinions Division received written comments from Samuel R. Bagenstos and Sharon Dolente on behalf of the American Civil Liberties Union Fund of Michigan, and from Patrick Anderson.

###

3 Diane Lyon

From: Senator Rick Outman [[email protected]] Sent: Thursday, May 30, 2019 2:35 PM To: Diane Lyon Subject: Senator Rick Outman's Legislative Update

Open Senator Rick Outman's Update in your web browser

Dear Friends,

My colleagues and I have been busy negotiating reforms to the outdated no-fault system that burdens far too many Michigan drivers. The bill has now been signed by Gov. Gretchen Whitmer and will take effect in July of next year. Now we can move on to getting the budget completed ahead of schedule and working on other Michigan priorities.

If you have any questions about a state issue, please feel free to contact me at [email protected] or 517-373-3760. Or if you are in Lansing, please feel free to stop by my office, room 4400 in the Binsfeld Office Building.

Sincerely,

Rick Outman State Senator 33rd District

Outman to host May office hours

I will be hosting office hours with constituents throughout the 33rd Senate District in the coming weeks.

I will be available to answer questions and provide information and assistance, as well as take suggestions on issues affecting communities and businesses in the district. Please feel free to stop in! No appointment is necessary.

Please make sure to follow my Facebook page for those dates, times, and locations. My office hours schedule is also on my website at www.SenatorRickOutman.com. Click “Office Hours” under the “Resources” tab.

Monday, June 10 4:30 – 5:30 p.m. Shepherd Community Library 257 W. Wright Ave. Monday, June 24 Shepherd 1 – 2 p.m. Reynolds Township Library Monday, June 17 117 W. Williams St. 2:30 – 3:30 p.m. Howard City T.A. Cutler Memorial Library 312 Michigan Ave. Monday, June 24 St. Louis 3:30 – 4:30 p.m. Big Rapids Community Library Monday, June 24 426 S. Michigan Ave. 10 – 11 a.m. Big Rapids Pere Marquette District Library 185 E. Fourth St. Clare

Historic auto insurance reform signed by governor

2 Bipartisan legislation to guarantee lower auto insurance rates was recently signed into law by Gov. Gretchen Whitmer.

Senate Bill 1 will give policyholders the choice to select coverage that best meets their needs and budget and will allow seniors with Medicare and individuals with private health insurance the option of having those benefits cover health care expenses from an auto accident.

This historic reform will fix a broken auto insurance system that is failing Michigan families and provide a real solution that guarantees reduced rates, cracks down on fraud and lawsuit abuse, and gives drivers the ability to pick the insurance coverage that fits them — for the first time in nearly 50 years.

Key components of the plan include:

• Requiring auto insurers to provide customers with a range of personal injury protection (PIP) options, including the ability to opt out of PIP coverage entirely if an individual has other qualified health coverage; a $50,000 policy for Medicaid enrollees; a $250,000 policy; a $500,000 policy; and an unlimited medical benefit policy;

• Reducing the annual Michigan Catastrophic Claims Association fee by 80% for all above options other than unlimited;

• Strengthening the insurance fraud division within the state Department of Insurance and Financial Services to empower law enforcement to crack down on auto insurance fraud;

• Ending excessive health care costs related to auto insurance claims by implementing a fee schedule to cap the amount providers can charge insurers; and

• Eliminating nondriving rating factors, such as sex or marital status, to ensure a level playing field.

My colleagues and I worked hard on this in the recent weeks, and I’m glad we were able to reach an agreement with the administration and get this done for Michigan families. They’ve deserved better for a long time now and I’m glad we were finally able to deliver that.

Outman legislation to ban sale of vaping products to minors sent to governor

The state House recently approved Senate Bills 106 and 155, sponsored by me and Sen. Marshall Bullock, which would prohibit a person from selling or giving a vapor product or alternative nicotine product to a minor and increase the monetary penalty for doing so. Federal law already prohibits the sale of vapor products to minors. However, there is no law in Michigan that prevents minors from possessing such products. 3

Michigan is only one of two states without a law on the books. This is an agreeable, nonpartisan issue and I’d like to see this signed into law. The bills will now go to Gov. Gretchen Whitmer’s desk for final consideration.

Outman supports Senate’s responsible budget plan

The Senate recently approved a balanced budget plan that features increased funding for schools and roads to record levels without raising taxes. Our budget recommendations also prioritize public safety and fiscal responsibility. Some of the budget highlights include:

• $132 million to fully implement the 2015 road fund package a year early. The investment targets local roads entirely. • $15.2 billion in state funding for education. Schools will see the largest foundation allowance increase in over 18 years. • $120 million in new revenue for clean water programs to monitor and analyze water quality throughout the state. • $13.9 million to train and graduate 85 new state troopers.

• $50 million to add to the state’s rainy day fund or savings account.

I am happy to have worked with my colleagues on a state budget that provides the important services our people use every day while ensuring the state lives within its means. The Michigan Senate, House of Representatives and governor’s office will iron out differences in their plans and produce a final state budget. I will keep you posted on the progress.

Outman welcomes 33rd District veteran to state Capitol

I was honored to have CW5 Gabriel J. Ambrozaitis join me at the Capitol for the Michigan Senate’s 25th Annual Memorial Day Service.

CW5 Gabriel J. Ambrozaitis is the Command Chief Warrant Officer for the Michigan Army National Guard and has been awarded the Legion of Merit, Bronze Star (with 1 Oak Leaf Cluster), Purple Heart and many other awards and decorations.

4 Outman backs bills to ban gruesome abortion procedure

There is nothing more important than protecting the most vulnerable among us, especially unborn lives.

I recently supported legislation to ban a horrific abortion practice. Senate Bills 229 and 230 would expand Michigan’s partial-birth abortion ban to stop doctors from the dismemberment abortion procedure, in which a medical instrument is used to remove a living and developed fetus in pieces.

The bills include an exemption to protect the life of the mother and would punish the person performing the dismemberment abortion, not a woman seeking or obtaining it.

The legislation has been sent to the House for consideration.

Free Fishing Weekend

Michigan’s Summer Free Fishing Weekend is right around the corner! All fishing license fees are waived for two days on June 8 and 9. Anglers can fish on both inland and Great Lakes' waters for all species of fish. All fishing regulations still apply.

A Recreation Passport will not be required for entry into state parks and recreation areas during Free Fishing Weekend. This special weekend is also a Free ORV Weekend. Find more information, including state park events, at www.michigan.gov/freefishing.

Tips for fire safety

Summer in Outdoor Michigan means family campfires and cookouts. Yet it’s also a key time for wildfires. So far this year, the Department of Natural Resources (DNR) has battled more than 140 wildfires on 800 acres around the state.

To ensure fire safety, the DNR reminds campers and other outdoor enthusiasts to never leave a fire unattended; always keep a shovel, metal bucket and water source nearby; build a fire in a fire ring; and douse the fire thoroughly with water, repeating until cool when the fire is finished. More information is available on the DNR’s new fire safety page at www.michigan.gov/DNREducation; click on Fire Safety.

5 State Government Resources

• Michigan Senate website: www.senate.michigan.gov • Michigan House of Representatives website: www.house.michigan.gov • Michigan Legislative Website: www.legislature.mi.gov

Our District

The 33rd state Senate District includes Clare, Gratiot, Isabella, Mecosta, and Montcalm counties.

Thank you for subscribing to my electronic newsletter! I am honored to represent you in the 33rd Senate District of

6 Michigan. As always, please do not hesitate to contact me if you have any questions or concerns. Please feel free to forward this on to others who may be interested in receiving the 33rd District E-news. You may sign up for it also at my website.

Senator Rick Outman 4400 Connie Binsfeld Building P.O. Box 30036 Lansing, MI 48909-7536

Visit my website at: www.SenatorRickOutman.com

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