City Council

AGENDA REPORT TO: Mayor Pat Humphrey & Clare City Commissioners FROM: Diane Lyon, City Clerk DATE: September 15, 2022 RE: *Communications For the Agenda of September 19, 2022 *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 September 19, 2022. FOIA Requests & Responses: Clarissa Filhart amended request; DBS Attorneys at Law; and Davis, Burket, Savage & Listman. Speedway District II Transfer Correspondence to State: The City submitted a letter with support documentation to the Office of the Great Seal for the District II Transfer of Speedway as provided for under the UCA between the City of Clare and Grant Township. Charter Line-up Change: Charter Communications has announced changes to their channel line-up. Attachments. As noted above. Diane Lyon Subject: FW: FOIA From: Clarissa Filhart <cookiefil@yahoo.com> Sent: Thursday, September 15, 2022 1:05 PM To: Diane Lyon <DLyon@cityofclare.org> Subject: Re: FOIA Clerk Lyon, I am interested in reviewing, without touching, all of the City of Clare ballots since the one precinct in Isabella County is not separate, please. Is there a time next week that would work in your schedule excluding Thursday and Friday? Thank you, Clarissa Filhart On Wednesday, September 14, 2022 at 03:36:13 PM EDT, Clarissa Filhart <cookiefil@yahoo.com> wrote: I was on the phone again! Sent from Yahoo Mail on Android On Wed, Sep 14, 2022 at 2:47 PM, Diane Lyon <DLyon@cityofclare.org> wrote: Hi Clarissa, I tried calling you this afternoon at both numbers that you provided but was unable to reach you. Are you amending your initial request to the request that you sent today? I should be here until 5:30 if you wish to call me. Diane Lyon, City Clerk Clare City Hall 202 W. Fifth St. Clare, MI 48617 Phone: (989) 386-7541 x106 Fax: (989) 386-4508 Email: dlyon@cityofclare.org City Hall office hours Monday -Thursday 7:00am-5:30pm From: Clarissa Filhart <cookiefil@yahoo.com> Sent: Wednesday, September 14, 2022 1:46 PM To: Diane Lyon <DLyon@cityofclare.org> Subject: Re: FOIA 1 Clerk Lyon, I am interested in seeing the ballots and the tabulator tape from November 3, 2020 election, please. Thank you, Clarissa Filhart On Mon, Sep 12, 2022 at 4:19 PM, Diane Lyon <DLyon@cityofclare.org> wrote: Good afternoon Clarissa I need further clarification with regard to your request for information. Regarding Item #3 of your request: Copies and or visual access of the QVF for said date, election and precinct(s). What specific information are you seeking/requesting from the QVF for that election date & that precinct? Sincerely, Diane Lyon, City Clerk Clare City Hall 202 W. Fifth St. Clare, MI 48617 Phone: (989) 386-7541 x106 Fax: (989) 386-4508 Email: dlyon@cityofclare.org City Hall office hours Monday -Thursday 7:00am-5:30pm From: Clarissa Filhart <cookiefil@yahoo.com> Sent: Friday, September 9, 2022 11:28 AM To: Minde Lux <mlux@isabellacounty.org>; Diane Lyon <DLyon@cityofclare.org> Cc: cookiefil@yahoo.com; Ray McCall <celt62003@yahoo.com>; John Audretsch <johnaudretsch@yahoo.com> Subject: FOIA 2 September 9, 2022 RE: Freedom of Information Act Request Attention: County Clerk Lux and City of Clare Clerk Lyon Clare City Hall 202 W. 5th Street Clare, MI 48617 Ms. Lux and Ms. Lyon, Pursuant to the Michigan Compiled Laws Section 15.231 et., seq and any other relevant statutes or provisions of your agency's regulations, I am requesting the following records under the Freedom of Information Act: I request the following information pertaining to the November 3, 2020, Presidential Election; -Visual access to the paper ballots cast in the City of Clare Precinct 1 of Isabella County -Visual access to tabulator tapes from the same date, election and precinct(s) and if deemed necessary after visual inspection, a copy of those tabulator tapes -Copies and or visual access of the QVF for said date, election and precinct(s) -Copies and or visual access to both EPB's for afore mentioned locations, dates and election -Access to the Certified Board of Canvassers EPB for the City of Clare Precinct 1 of Isabella County for November 3, 2020 election -Visual access or copies of remarks and ballot summary from November 3, 2020 election for the City of Clare in Isabella County Precinct 1 I prefer to view these materials in person first and if deemed necessary after inspection please send any materials stored electronically in electronic format to cookiefil@yahoo.com. I am available to pick up copies if necessary or please send copies of any materials maintained on paper to the mailing address below: Clarissa Filhart 9088 N. Leaton Rd. Clare, MI 48617 3 If any of this request is denied, I request that you specify all the legal exemptions which you believe justify your withholding of the information. I further request that these reasons identify which document or portion of a document is not provided. The Freedom of Information Act allows agencies to charge actual costs for search, mailing and duplication as stated in MCL Section 15.234. Please advise me before processing this request of the total cost to process this request. Also, please contact me if I can help clarify or refine this request. Your prompt attention to this Freedom of Information request is appreciated. Clarissa Filhart, Wise Township Precinct Delegate (989) 386-2229 (989) 339-6850 Sent from Yahoo Mail on Android 4 September 12, 2022 Robert Charles Davis 10 S. Main St., Ste. 401 Mt. Clemens MI 48043 Phone: 586-469-4300 Fax: 586-469-1755 rdavis@dbsattorneys.com RE: Freedom of Information Act (“FOIA”) Request Response Your request for public record(s) under the Michigan Freedom of Information Act (“FOIA”), dated September 12, 2022, and received in this office on September 12, 2022, for the following records is acknowledged: a copy of the following public records as it relates to the current funding for Residential Solid Waste Services. PART 1 -- FUNDING 1. If the residents of the municipality privately contract for Residential Solid Waste Services in the general market place or via a single hauler arrangement, please indicate yes. 2. If applicable, please provide a copy of any millage that generates funding specifically to fund Residential Solid Waste Services. 3. If applicable, please provide a copy of any special assessment district that generates funding specifically to fund Residential Solid Waste Services. 4. If applicable, please provide a copy of any authorized fee charged to residents of the community by the local government specifically to fund Residential Solid Waste Services by way of a utility billing or otherwise. 5. If applicable, please provide a copy of any community member agreement wherein the municipality is a member of an established waste authority wherein the municipality pays the authority to fund Residential Solid Waste Services. 6. If applicable, please provide a copy of any federal, state, or county grant monies that provides funding specifically to fund Residential Solid Waste Services. 7. If applicable, please provide a copy of any interlocal agreement that provides funding specifically to fund Residential Solid Waste Services. 8. If applicable, please provide a copy of any local ordinance that addresses a funding mechanism or a funding program specifically designed to fund Residential Solid Waste Services. 9. If applicable, please provide any other document that evidence how funding is generated by the local government specifically designed to fund Residential Solid Waste Services. In addition and in accordance with FOIA, please also provide a copy of the following public records, to the extent such public records exist: PART 2 -- CONTRACTS 1. Copy of any local ordinance that governs the collection and/or disposal of residential solid waste, multi-family solid waste, commercial solid waste, yard waste or recyclables of any kind. The City of Clare is an Equal Opportunity Provider and Employer FOIA Granted in Part 09/13/17  2. Copy of any local contract between the local municipality and any service provider for the collection and/or disposal of residential solid waste, multi-family solid waste, commercial solid waste, yard waste or recyclables of any kind. 3. Copy of any local contract between the local municipality and any transfer facility or landfill disposal site used by the local municipality for the disposal of residential solid waste, multi- family solid waste, commercial solid waste, yard waste or recyclables of any kind. 4. Copy of any Interlocal Agreement or Waste Authority Agreement that the local municipality has in place to manage the collection and/or disposal of residential solid waste, multi-family solid waste, commercial solid waste, yard waste or recyclables of any kind. 5. Copy of any Host Community Agreement the local municipality has with any facility, transfer facility, disposal facility or landfill relating to the collection and/or disposal of residential solid waste, multi-family solid waste, commercial solid waste, yard waste or recyclables of any kind. is hereby: Granted in part. 1. All non-exempt information will be provided following receipt of a 50% deposit of the estimated fee (copy enclosed) unless proof of indigence is provided. Pursuant to MCL 15.234(14) this deposit must be received by Thursday, October 27, 2022, otherwise this request will be considered abandoned, and the City of Clare will not be required to fulfill the request. A copy of this request will be kept on file for no less than one (I) year. The City of Clare’s FOIA Procedures and Guidelines and Summary are available for review on our website at www.cityofclare.org. A copy of this request will be kept on file for no less than one (1) year. If your FOIA request has been denied in whole or in part, you may do one of the following at your option: (1) Commence an action in the circuit court to compel disclosure of the public records or information within 180 days after the governmental unit’s final determination to deny your request. If the circuit court orders disclosure of all or a portion of the public record or information, you have the right to receive reasonable attorney’s fees, costs, and disbursements. If the circuit court determines that the governmental unit arbitrarily and capriciously denied your request, you also have the right to receive punitive damages in the amount of $500.00. Please see MCL 12.231 et seq. for further information on the Freedom of Information Act. (2) Submit to the City Manager a written appeal that specifically states the word “appeal” and identifies the reason(s) for reversal of the denial. Your appeal should be sent to City of Clare – City Manager, 202 West Fifth Street, Clare, MI 48617-1490. Diane M. Lyon City Clerk & Freedom of Information Coordinator The City of Clare is an Equal Opportunity Provider and Employer FOIA Granted in Part 09/13/17  Robert Charles Davis DBS DAVIS BURKET SAVAGE TAYLOR LISTMAN t: (586) 469-4300 f: (586) 469-1755 Attorneys of Law rdavis@dbsattorneys.com September 12, 2022 Attn: FOIA Coordinator Clare city 202 W Fifth Street Clare, MI 48617 RE: FREEDOM OF INFORMATION REQUEST Dear Clerk/FOIA Coordinator: Kindly accept this communication as a request for available public records under the Michigan Freedom of Information Act at MCL 15.231, et. seq. (“FOIA”). The request relates to a public purpose involving the study and review of residential waste collection and disposal throughout the State of Michigan and state wide solid waste management planning. The objective of this FOIA request is to compile current data and records on the issues below. This request is being issued to local governments throughout Michigan. The results will be used by the State to analyze residential solid waste planning. Your cooperation is appreciated. The objective of this FOIA request, in part, is to obtain public records that evidence how your community funds local residential solid waste collection and disposal services, including the supporting contracts. This may include services for residential trash, yard waste and recyclables (hereinafter “Residential Solid Waste Services”). Therefore, this FOIA request is set forth in two (2) parts. Part 1 seeks public records evidencing funding for Residential Solid Waste Services. Part 2 seeks public records evidencing the underlying contracts for the Residential Waste Services at issue in the community. In accordance with FOIA, please provide a copy of the following public records as it relates to the current funding for Residential Solid Waste Services. PART 1 -- FUNDING 1. If the residents of the municipality privately contract for Residential Solid Waste Services in the general market place or via a single hauler arrangement, please indicate yes. An Association of Trial and Business Attorneys 10 S. Main Street, Suite 401 – Mt. Clemens, MI 48043  2. If applicable, please provide a copy of any millage that generates funding specifically to fund Residential Solid Waste Services. 3. If applicable, please provide a copy of any special assessment district that generates funding specifically to fund Residential Solid Waste Services. 4. If applicable, please provide a copy of any authorized fee charged to residents of the community by the local government specifically to fund Residential Solid Waste Services by way of a utility billing or otherwise. 5. If applicable, please provide a copy of any community member agreement wherein the municipality is a member of an established waste authority wherein the municipality pays the authority to fund Residential Solid Waste Services. 6. If applicable, please provide a copy of any federal, state, or county grant monies that provides funding specifically to fund Residential Solid Waste Services. 7. If applicable, please provide a copy of any interlocal agreement that provides funding specifically to fund Residential Solid Waste Services. 8. If applicable, please provide a copy of any local ordinance that addresses a funding mechanism or a funding program specifically designed to fund Residential Solid Waste Services. 9. If applicable, please provide any other document that evidence how funding is generated by the local government specifically designed to fund Residential Solid Waste Services. In addition and in accordance with FOIA, please also provide a copy of the following public records, to the extent such public records exist: PART 2 -- CONTRACTS 1. Copy of any local ordinance that governs the collection and/or disposal of residential solid waste, multi-family solid waste, commercial solid waste, yard waste or recyclables of any kind. 2  2. Copy of any local contract between the local municipality and any service provider for the collection and/or disposal of residential solid waste, multi-family solid waste, commercial solid waste, yard waste or recyclables of any kind. 3. Copy of any local contract between the local municipality and any transfer facility or landfill disposal site used by the local municipality for the disposal of residential solid waste, multi-family solid waste, commercial solid waste, yard waste or recyclables of any kind. 4. Copy of any Interlocal Agreement or Waste Authority Agreement that the local municipality has in place to manage the collection and/or disposal of residential solid waste, multi-family solid waste, commercial solid waste, yard waste or recyclables of any kind. 5. Copy of any Host Community Agreement the local municipality has with any facility, transfer facility, disposal facility or landfill relating to the collection and/or disposal of residential solid waste, multi- family solid waste, commercial solid waste, yard waste or recyclables of any kind. Again, this public information is being gathered for a beneficial public purpose to assemble relevant Solid Waste Management data for planning purposes going forward. We respectfully ask that otherwise allowed costs be waived. If that is not possible, please invoice the undersigned in accordance with the law and/or any local policies/procedures. If you have any thoughts, questions or concerns about the substance of this request, please contact Mr. Robert Charles Davis at 586 469-4300 Ext 1, rdavis@dbsattorneys.com or Mr. William Listman at 586 469-4300 Ext. 4, wlistman@dbsattorneys.com Please note that all requested extensions of time will be granted. Email responses are preferred. Your cooperation is appreciated. Very truly yours, /s/ Robert Charles Davis Robert Charles Davis rdavis@dbsattorneys.com 3