AGENDA REPORT

TO: Mayor Pat Humphrey & Clare City Commissioners

FROM: Diane Lyon, City Clerk

DATE: August 2, 2018

RE: *Communications

For the Agenda of August 6, 2018

*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 August 6, 2018.

FOIAs. The most recent requests & responses are attached: Thomas Dunn, Juan Carlos Rincon-

Perez & Naomi Davis.

Property & Liability Claim Denial. Our insurance carrier issued the attached letter denying a

claim for damages which was reported as being caused by a tree falling on to a house.

Charter Line-Up Change. Charter Communications issued the attached letter notifying the city

of a change to its programming.

SOS News. The Michigan Secretary of State issued two media releases: the first asking

motorists to move over for emergency vehicles; the second encourages Michigan voters to vote

in the upcoming Primary Election.

Road Funding. MML has provided the attached correspondence regarding their assistance in

securing additional state funding for municipal streets.

Attachments. As noted above.

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Diane Lyon

From: Tom Dunn [tomdun@gmx.com]Sent: Monday, July 23, 2018 11:28 AMTo: Diane LyonSubject: FOIA REQUEST 7-23-2018

FOIA REQUEST

July 23, 2018 SENT VIA EMAIL - dlyon@cityofclare.org City of Clare Diane Lyon FOIA Officer 202 W. 5th Street Clare, Michigan 48617

Dear FOIA Officer:

This is a formal request under the Michigan Freedom of Information Act (FOIA), P.A. 442 of 1976 as amended; Open MeetingP.A. 267 of 1976 as amended; Privacy Act of 1974 [Public Law 93-579]; and Title 5 U.S.C. §552 & §552(a) [Public Law 104-98].

I request to view/copy, or upon further request receive certified copies of the requested documentation, as prescribed in M.C.§3(1)(2)(5) of the FOIA ACT as follows;

MEDICAL EXAMINERS PERMIT:

PLEASE PROVIDE ANY AND ALL DOCUMENTS PERTAINING TO THE AUTHORIZATION BY THE CCLARE, CLARE COUNTY MEDICAL EXAMINERS PERMIT, PERMIT FEES, ETC.

COPY OF DEATH CERTIFICATE, COPY OF PERMIT

NAME OF MEDICAL EXAMINER FOR CITY OF CLARE

PERMIT APPLICATION

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If you claim an exemption and deny my request in whole or in part, you must provide me with factually based reasons for yourYou are also obligated to separate or redact exempt materials from nonexempt materials and disclose the latter.

If no such documents exist or are unavailable, please disclose such in writing and signed by an authorized official.

I will expect your response to my request within (5) five business days. Thank you.

Sincerely

/s/ Thomas E. Dunn

425 Cottage St.

Clare, MI 48617

Email – tomdun@gmx.com

Phone ‐989‐709‐8079

This transmission is intended to be delivered only to the named addressee(s) and may contain information that is confidential, proprietary, attorney work-product or attorney-client privileged. If this information is received by anyone other than the named addressee(s), the recipient should immediately notify the sender by E-MAIL and by telephone 989-709-8079. In no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the named addressee(s) Thanks.

FOIA Denial Revised 07/01/15 The City of Clare is an Equal Opportunity Provider and Employer

DENIAL OF REQUEST FOR PUBLIC RECORD July 24, 2018 Thomas Dunn 425 Cottage Ave. Clare, MI 48617 Date Request Received: July 23, 2018 Public Record Requested: Medical Examiners Permit: Please provide any and all documents pertaining to the authorization by the City of Clare, Clare County medical examiners permit, permit fees, etc.; Copy of death certificate, copy of permit; Name of medical examiner for City of Clare; Permit application. Your request is being denied because it does not exist under information in our records.

NOTICE: This correspondence constitutes a certification that the public records, as indicated, do not exist. You have the right to appeal this denial to the City Manager in writing that specifically states the word "APPEAL" and indicates the reason or reasons for reversal of the denial, or seek judicial review in the Circuit Court within 180 days of a final determination to deny a request. If the Court determines a public record is not exempt from disclosure, it shall order its release or production. The burden of proof in Court is on the public body. If the Court determines that the public body has been arbitrary and capricious in not disclosing a public record, it may award, in addition to actual and compensatory damages, punitive damages not exceeding $500.00 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.

____________________________________________________ July 24, 2018 Freedom of Information Coordinator or Authorized Representative Date Denial Approved

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Diane Lyon

From: Michigan Secretary of State [MISOS@govsubscriptions.michigan.gov]Sent: Tuesday, July 17, 2018 9:33 AMTo: Diane LyonSubject: Sec. Johnson reminds motorists to ‘Move Over’ for emergency vehicles

New video reminds drivers of dangers for emergency responders

-- For immediate release --

Sec. Johnson reminds motorists to ‘Move Over’ for emergency vehicles

Secretary of State Ruth Johnson today released a public service announcement calling on motorists to follow Michigan’s “Move Over” law that protects the lives of emergency responders who have stopped their vehicle on a roadway.

“Twenty-four hours each day, emergency personnel are on duty working to protect us from harm,” Johnson said. “We ask motorists to return the favor—and follow the law—by moving over a lane when they see police and fire vehicles, ambulances, tow trucks or other emergency responders stopped on the road or the edge of the road.”

Johnson, Michigan State Police Director Col. Kriste Kibbey Etue and several emergency responders are featured in the video, which begins with state police footage of a tow truck driver narrowly escaping with his life as a car smashes into his vehicle.

Michigan’s Emergency Vehicle Caution Law, which went into effect in 2001, requires that when drivers see a stationary emergency vehicle or tow truck pulled over with its flashing, rotating or oscillating lights on, passing motorists must move over at least one lane or two vehicle widths. If moving over cannot be accomplished, motorists must slow down and pass with caution. Violators face fines or jail.

According to the National Highway Traffic Safety Administration, the No. 1 cause of law

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enforcement deaths is traffic incidents. According to a report cited by the Pew Center, each year about six to eight fire rescue and emergency medical service personnel are killed in or near moving traffic, as are 10 to 12 police officers. The Emergency Responder Safety Institute estimates that a tow operator in killed every six days in the United States while providing roadside or towing services.

The video can be viewed on YouTube and downloaded online.

For media questions, please call Fred Woodhams at 517-373-2520.

Accessing Secretary of State Services: Don’t come into a Secretary of State office if you don’t have to. We’re betting you’d rather be anywhere else. Save time by taking advantage of our handy alternatives to waiting in line, including renewing by mail. Many customers don’t need to visit an office in person so remember to hop online, not in line, at ExpressSOS.com, now with Print 'n Go. It's painless. You now can make an appointment or hold your spot in line at Secretary of State MI-TIME Line participating offices by using your phone or the Web. Customers may call the Department of State Information Center to speak to a customer-service representative at 888-SOS-MICH (767-6424).

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Diane Lyon

From: Michigan Secretary of State [MISOS@govsubscriptions.michigan.gov]Sent: Tuesday, July 31, 2018 1:24 PMTo: Diane LyonSubject: NEWS RELEASE: Secretary of State Ruth Johnson encourages voting in August primary

Sample ballots available on Michigan.gov/vote

-- For immediate release --

Secretary of State Ruth Johnson encourages voting in August

primary Sample ballots available on

Michigan.gov/vote

Secretary of State Ruth Johnson is reminding eligible voters to cast ballots in the state’s primary on Tuesday, Aug. 7.

“In this election you are choosing candidates for federal, state and local offices, including governor, congressional seats and state House and Senate offices,” Johnson said. “Please take a few moments to cast a ballot on Election Day and make your voice heard.”

The polls will be open on Election Day from 7 a.m. to 8 p.m. To check their registration status, residents may visit the Michigan Voter Information Center at www.Michigan.gov/vote. They can see their sample ballot and find their polling place. Residents also can find information on absentee voting, Michigan’s voter identification requirement and how to contact their local clerk.

Because this is a primary, voters are reminded that they can only cast votes within one party. Casting votes in a partisan primary for Republican, Democratic and Libertarian candidates invalidates the partisan section of the primary ballot. Nonpartisan offices and proposals will appear after the partisan section of the ballot.

Voters who qualify may choose to cast an absentee ballot. As a registered voter, you may obtain an absentee ballot if you are age 60 or older; physically unable to attend the polls

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without the assistance of another; expecting to be absent from the community in which you are registered for the entire time the polls will be open on Election Day; in jail awaiting arraignment or trial; unable to attend the polls due to religious reasons or will be working as an election inspector in a precinct outside of your precinct of residence.

Voters with absentee ballots are encouraged to put those ballots in the mail as soon as possible to ensure timely delivery. Those who wish to receive their absentee ballot by mail must submit their application by 2 p.m. Saturday, Aug. 4. Absentee ballots can be obtained in person anytime through 4 p.m. Monday, Aug. 6. Voters who request an absentee ballot in person on Monday, Aug. 6, must fill out the ballot in the clerk’s office. Emergency absentee ballots are available under certain conditions through 4 p.m. on Election Day.

A specially equipped voting station is available at each polling location for use by voters with disabilities.

For media questions, please call Fred Woodhams at 517-373-2520.

Accessing Secretary of State Services: Don’t come into a Secretary of State office if you don’t have to. We’re betting you’d rather be anywhere else. Save time by taking advantage of our handy alternatives to waiting in line, including renewing by mail. Many customers don’t need to visit an office in person so remember to hop online, not in line, at ExpressSOS.com, now with Print 'n Go. It's painless. You now can make an appointment or hold your spot in line at Secretary of State MI-TIME Line participating offices by using your phone or the Web. Customers may call the Department of State Information Center to speak to a customer-service representative at 888-SOS-MICH (767-6424).

Having trouble viewing this email? View it as a Web page. Please do not reply to this email. We are not able to read or respond to replies sent to this email address.

We welcome questions and comments at the Contact Us page.

Manage Subscriptions | Unsubscribe All | Help

STAY CONNECTED:

This email was sent to dlyon@cityofclare.org using GovDelivery Communications Cloud on behalf of: Michigan Secretary of State · 430 W. Allegan Street · Lansing, MI 48918 · 1-888-767-6424