June 22, APPROVE the minutes of the June 8, 2015 meeting as presented.

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1 June 22, 2015 A regular meeting of the Manistique City Council was held on Monday, June 22, 2015, at 7:00 p.m. Present were Councilmembers Evonich, Vandagriff, Hill, Jeffcott, and Hollister. Also present were City Manager Aldrich and City Attorney Filoramo. A. Minutes. June 8, 2015 APPROVE the minutes of the June 8, 2015 meeting as B. New Business. 1. Citizen Comments Regarding Agenda Items Only. There were no citizen comments. 2. Fourth of July Fireworks Permit. Public Safety Director Golat Memo. I recommend that the Mayor be authorized to sign the 2015 fireworks display permit for the Manistique 4 th of July Committee. The fireworks plan has been reviewed and approved by the City s insurance and risk management advisors. The 2015 plan is the same as in recent years and fireworks will be provided by Great Lakes Fireworks of Eastpointe, Michigan. The scheduled date for the fireworks will be Sunday, July 5, 2015 with a rain date of Saturday, July 11, APPROVE the fireworks permit and allow Mayor Jeffcott to sign the fireworks permit as 3. Tax Levies. Manager Aldrich Memo. Please find attached the tax levies for the other units of government that will be placed on the City summer billing. The City is the billing and collection agent for all units on city resident tax bills. APPROVE the tax levies of Schoolcraft County, Manistique Area Schools, and Delta-Schoolcraft Intermediate School District being collected on the City of Manistique summer tax bills as 4. Freedom of Information Act Policy. Manager Aldrich Memo. Please find attached the FOIA (Freedom of Information Act) Policy and Procedures that are required to be in place by July 1, Our Clerk is out FOIA Coordinator and will make certain that the City follows the procedures. ADOPT the Freedom of Information Act Policy for the City of Manistique as

2 5. Public Peace and Good Order Ordinance. Manager Aldrich Memo. Please find attached the Public Peace Ordinance that was revised and introduced at a May meeting. The initial introduction was to raise the fine to cover court costs. Then revisions were made to the section on Indecent Conduct, and it was introduced again. Then the sections on Weapons became a discussion as the State of Michigan had made some changes to State law covering BB guns. It was determined by Public Safety and our Attorney that the section covering BB guns needed to be addressed at a local level in addition to the State. The ordinance introduced now needs to be voted upon by Council. ORDINANCE NO. 316 of 2015 PUBLIC PEACE AND GOOD ORDER CITY OF MANISTIQUE, MICHIGAN AMENDING ORD. NO. 207 OF 1984 An ordinance defining and prohibiting offenses against public peace and good order and providing penalties for the violation thereof. THE CITY OF MANISTIQUE ORDAINS: Sec. 1. ACTS PROHIBITED. A. ASSAULT; ASSAULT AND BATTERY. (1) It shall be unlawful for any person to commit an assault, or an assault and battery on any person. B. CONSUMPTION OF ALCOHOLIC BEVERAGES. It shall be unlawful for any person to drink, consume, transport, carry or possess any alcoholic liquor, except in the original package and with the seal unbroken, on any public street, sidewalk, park, public property, public parking lot or semipublic parking lot or commercial establishment not authorized to sell alcoholic liquor. The term "semipublic parking lot" shall include any area wherein motor vehicles are parked by the public in conjunction with any business, enterprise; commercial establishment, office building or apartment building. C. DISTURBING ASSEMBLAGE. (1) It shall be unlawful for any person to disturb any lawful assemblage or gathering in the city. D. DISORDERLY CONDUCT. (1) It shall be unlawful for any person to be guilty of disorderly conduct or of any conduct tending toward a breach of the peace. The causing or making of any unnecessary loud noise or shouting or yelling shall be considered disorderly conduct. (2) It shall be unlawful for any person to engage in any violent, tumultuous, offensive or disorderly conduct; by threatening, traducing, quarreling, challenging to fight or fighting; or by using obscene, offensive, profane or unseemly language to the annoyance, disturbance or vexation of another. (3) A person who in intoxicated or under the influence of any illegal or controlled substance in a public place and who is either endangering directly the safety of another person or is acting in a manner that causes a public disturbance, shall be deemed guilty of the misdemeanor. E. FALSE ALARMS. (1) It shall be unlawful for any person to knowingly start or spread any false alarm of fire, riot, explosion, civil disturbance or other breach of the peace in the city. (2) It shall be unlawful for any person to report the existence of a fire or other emergency to the police, fire department or any other agency empowered to deal with an emergency when such person knows the report to be false. (3) It shall be unlawful for any person to report or cause to be reported to any police agency any information concerning the commission of any offense or other incident, which would require police action, when (1) he or she knows that no such offense or other incident has occurred; or (2) he or she knows the information is false or that he or she has no such information.

3 F. INDECENT CONDUCT. (1) Any person who shall engage in indecent or obscure conduct or make any indecent exposure of his or her person in any street, alley, lane or other public place, or upon any private lot or premises of another shall be guilty of a misdemeanor. For purposes of this chapter, indecent exposure means knowingly or intentionally displaying any individual s genitals or anus with less than a fully opaque covering, or a female individual s breast with less than a fully opaque covering of the nipple and areola. A mother s breastfeeding of her baby does not under any circumstance constitute indecent exposure irrespective of whether or not the nipple is covered during or incidental to the feeding. G. INTERFERENCE WITH POLICE AND RELATED OFFENSES. (1) It shall be unlawful for any person to resist any police officer, any member of the Police Department, or any person duly empowered with police authority while in the lawful discharge of his or her duty, or in any way interfere with or hinder him or her in the discharge of their duty. (2) It shall be unlawful for any person to offer or endeavor to assist any person in the custody of a police officer, a member of the Police Department, or a person duly empowered with police authority to escape or attempt to escape from such custody. (3) It shall be unlawful for any person other than an official police officer of the City to wear or carry the uniform apparel, badge identification card, or any other insignia of office like, or similar to, or a colorable imitation of that adopted and worn, or carried by the official police officers of the City. (4) It shall be unlawful for any person to make available to, present to, or place within the reach of any person confined under the authority of the City any intoxicating or malt liquor, or, except as authorized by the Controlled Substances Act of 1971, any controlled substance, or any tool, implement, or other thing calculated to aid the escape of such person so confined, or any other person so confined, under authority of the City. (5) It shall be unlawful for any person to assist or aid, or attempt to assist or aid, any person in the custody of, or confined under the authority of the City to escape from jail, place of confinement or custody. (6) It shall be unlawful for any person, while a prisoner in the jail, or, at any place where the prisoners are confined, or otherwise in the custody of and confined by the City, to escape or attempt to escape or assist others to escape or to attempt to escape from such custody or confinement. H. WEAPONS. (1) Discharge of Weapons. It shall be unlawful to discharge any firearm or airgun, bb gun, or any toy gun, projecting lead or any missiles excepting in a regularly established shooting gallery; provided that this section shall not be construed to prohibit any officer of the law from discharging a firearm in the performance of his duty; nor to any citizen from discharging a firearm when lawfully defending person or property. (2) Intentionally Aiming A Firearm Without Malice. It shall be unlawful for any person to intentionally, without malice, point or aim any firearm at or toward any other person, or to discharge any firearm while so aimed. (3) Unlawful Possession of Firearms. It shall be unlawful for any person under the influence of intoxicating liquor or any exhilarating or stupefying substance to carry, have in possession or under control, or use in any manner or discharge any firearm within this City. (4) Reckless Use of Firearms. It shall be unlawful for any person to recklessly or heedlessly or wilfully or wantonly use, carry, handle or discharge any firearm without due caution and circumspection for the rights, safety or property of others. (5) Recklessly Endangering Another Person. It shall be unlawful for any person to recklessly engage in conduct which places or may place another person in.danger of death or serious bodily injury. Recklessness and danger shall be presumed where a person knowingly points a firearm at or in the direction of another, whether or not either person believes the firearm to be loaded. (6) BB Guns. It shall be unlawful for any person under eighteen (18) years of age to use or possess any gun designated and manufactured for propelling BB's not exceeding.177 caliber by means of spring, gas, or air, outside the curtilage of his domicile unless he is accompanied by a parent or guardian who is over eighteen (18) years of age. (7) Hurling Projectiles. It shall be unlawful for any person to wrongfully throw or propel any snowball, missile or object from or at any moving motor vehicle, or at any person.

4 I MEETINGS. DISTURBANCE IN BUSINESS OR PUBLIC PLACE LAWFUL (1) Any person who shall make or excite any disturbance or contention in any tavern, store or grocery, manufacturing establishment or any other business place or in any street, lane, alley, highway, public building, grounds or park, or at any election or other public meeting where citizens are peaceably and lawfully assembled, shall be guilty or a misdemeanor. Sec.2. PENALTY. Any person convicted of violation of this ordinance shall be punished by imprisonment for not more than 90 days or by a fine of not more than $ or by both such fine and imprisonment. Sec. 3. REPEAL. Ordinance No. 207 of 1984 is hereby repealed, provided, however, that such repeal shall not have the effect of releasing or relinquishing any offense or penalty incurred thereunder and such ordinance shall be treated as still remaining in force for the purpose of instituting or sustaining any prosecution for the violation thereof, if such violation occurred prior to the effective date of this ordinance. Sec. 4. EFFECTIVE DATE. This ordinance shall take effect Ten (10) days after publication. APPROVE the Public Peace Ordinance as 6. Fiscal Year 2015 Budget Amendments. We introduced amended budgets last meeting and some remain unchanged. The budgets that are attached had some changes so will need to be revisited for approval. Major and Local needed no changes but are attached for your reference. General Fund 101 General Fund had some small changes. Dept 175, line 101/ , needed to be adjusted to reflect the payment to BSA on our new accounting software. We were able to reduce the projected Transfer from Fund Balance, 101/ to $173,000. APPROVE the Fiscal Year 2015 budget amendments for the General Fund as Yes Councilmembers Hill, Hollister, Vandagriff, Jeffcott No Evonich Marina Construction Project 411 This fund was used to account for the marina construction. APPROVE the Fiscal Year 2015 budget amendments for the Marina Construction Project Fund as Marketing 412 This fund was used to account for the marketing group s efforts.

5 APPROVE the Fiscal Year 2015 budget amendments for the Marketing Fund as Blight and Beautification 413 This fund was set up to account for donated dollars specifically for blight and beautification projects. APPROVE the Fiscal Year 2015 budget amendments for the Blight and Beautification Fund as Landfill 417 Tax Capture had to be adjusted to account for the loss of FutureMark taxes. Expenses remain close to last year. APPROVE the Fiscal Year 2015 budget amendments for the Landfill Fund as APPROVE the Fiscal Year 2016 proposed Budget for the Landfill Fund as Ambulance 505 Uncollectibles/Write-offs, 505/ , had to be adjusted. Write-offs for Medicare, Medicaid and Blue Cross continue to be a challenge. APPROVE the Fiscal Year 2015 budget amendments for the Ambulance Fund as Recreation 508 Recreation had a change to Operating Supplies, 508/ APPROVE the Fiscal Year 2015 budget amendments for the Recreation Fund as Sewer 590 Sewer had a few lines adjusted to actual as they had exceeded 100%. APPROVE the Fiscal Year 2015 budget amendments for the Sewer Fund as

6 Yes Councilmembers Hill, Hollister, Vandagriff, Jeffcott No Evonich Water 591 Water needed to be adjusted in line 591/ back to the original amount to accommodate the GAC (granulated activated charcoal) order brought before Council last meeting. APPROVE the Fiscal Year 2015 budget amendments for the Water Fund as Yes Councilmembers Hill, Hollister, Vandagriff, Jeffcott No Evonich 7. Citizen Comments. There were no citizen comments. C. Reports and Communications Manager Aldrich: The Urgent Need Commitment Letter was received last Friday after agendas were distributed. It needs to be signed and returned by June 26. ALLOW the Mayor and City Manager to sign the Urgent Need Commitment Letter as Water/Wastewater Superintendent Corey Barr discussed the Urgent Need application process. Councilmember Hill: Happy Fourth of July to all. Mayor Jeffcott: Thank you to Kristi King for her work on the Citywide Rummage Sale. The regular meeting of the Manistique City Council adjourned at 7:29 p.m. Janet Jeffcott, Mayor Jeffrey L. King, City Clerk

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