A regular meeting of the Council for the City of Crystal Falls was held in the Council Chambers of the City Hall on Monday, March 11, 2002, at 4:30 P.M. Central Time.

Roll call: Mayor Cram, Councilors Hendrickson, Benda, Nylund and Lind

Also Present: City Manager, City Attorney and City Clerk.

Mayor Cram opened the meeting by leading all present in the Pledge of Allegiance.

Mayor Cram supported by Councilor Nylund moved to approve the minutes of the regular meeting of February 11, 2002 and the Special meetings of February 21, 2002 and February 22, 2002.

Brian Rose, representing Crystal Falls Spring, presented the Council with an update on his plans for a business in the industrial park. Mayor Cram directed Manager Nordeman and Attorney Lawrence to meet with Mr. Rose to finalize the necessary details regarding his request for property at the industrial park.

Mayor Cram welcomed the Family of Walter Krajewski to the meeting for the presentation of a plaque engraved with the resolution of recognition adopted by the Council at the February 11^th meeting.

Mark Usimaki presented a business plan for Crystal Clear Sales, a proposed auction house and molded log home kit sales, for possible location in the industrial park. Mr. Usimaki was advised to meet with Manager Nordeman and Attorney Lawrence to put together a Memorandum of Understanding for consideration at a future meeting.

There was no representative to report from the Downtown Development Authority.

Mike Casanova presented his plans for the Paint River Hills Campground, a project he intends to construct on his property along the railroad grade on the east side of the Paint River. The consensus of the Council was to allow Mr. Casanova to tap into the water, sewer, and electric lines for the project.

Councilor Hendrickson supported by Councilor Nylund moved to adopt the following:

CITY OF CRYSTAL FALLS

RULES OF PROCEDURE

FOR COUNCIL MEETINGS

These rules have been compiled and approved by the Council for the City of Crystal Falls to govern the City Council proceedings unless amended or suspended by a vote of three (3) Council members. These rules are established pursuant to Section 2.10 (b) of the Charter of the City of Crystal Falls effective May 5, 1998.

SECTION 1: Regular and special meetings.

All meetings of the city council will be held in compliance with state statutes, including the Open Meetings Act, 1976 PA 267 as amended, and with these rules.

Regular Meetings.

Regular meetings of the city council will be held on the second (2^nd) Monday of each month beginning at 4:30 p.m. at the City Hall in the Council Room. Council meetings shall conclude no later than 6:00 p.m., subject to extension by the council.

2. Special Meetings.

A special meeting shall be called by the clerk upon the request of the Mayor or any two members of the Council. A written notice to each member of the Council shall be served personally or left at the council member’s usual place of residence as soon as possible in advance of the meeting. When special meetings are called less than 24 hours in advance of said meeting, the Clerk will attempt to contact all Councilors by phone to inform them of the meeting in lieu of a written notice. Special meeting notices shall state the purpose of the meeting. No official action shall be transacted at any special meeting of the council unless the item has been stated in the notice of such meeting.

Posting requirements for regular and special meetings.
Within 10 days after the first meeting of the Council following an election, a public notice stating the dates, times and places of the regular monthly council meeting(s) will be posted at the City Hall. Rescheduled and/or special meetings of the Council shall be posted in accordance with the requirements of the Open Meetings Act, 1976 PA 267 as amended.

Minutes of regular and special meetings.
The Clerk/Treasurer shall attend the Council meetings and record all the proceedings and resolutions of the council in accordance with the Open Meetings Act. In the absence of the Clerk/Treasurer, the council may appoint one of its own members or another person to temporarily perform the clerk’s duties.

A copy of the council meeting minutes of each regular or special council meeting shall be available for public inspection at the city offices during regular business hours.

Meetings to be public.

All regular and special meetings of the council shall be open to the public, and citizens shall have a reasonable opportunity to be heard in accordance with such rules and regulations as the council may determine, except that the meetings may be closed to the public and the media in accordance with the Open Meetings Act.

All official meetings of the council and its committees shall be open to the media, freely subject to recording by radio, television and photographic services at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings.

Agenda preparation.
An agenda for each regular council meeting shall be prepared by the City Manager with the following order of business:
a. Call to Order & roll call of Council
b. Pledge of Allegiance
c. Approval of minutes from previous meeting

Amendments to agenda

Visitors in attendance may address the Council

Downtown Development Authority

Old Business

New Business

Payrolls & Disbursement approval.

Monthly department activity reports.

Announcements

Adjournment.

Agenda distribution.
The agenda will be prepared and delivered along with all supporting documents to the Councilors on the Monday prior to the regular Council meeting. The Clerk/Treasurer must receive items by the 1^st day of each month for inclusion on the agenda.

Additional information and/or agenda revisions will be sent to the Council no latter than the Friday prior to the regular council meeting.

Items for consideration by the Council should be accompanied by supporting documentation for review by the Councilors prior to the meeting.

Audit Committee.
An audit committee of two (2) councilors shall meet with the Clerk/Treasurer and/or City Manager to audit the payrolls and disbursements prior to all meetings of the City Council. This committee will rotate among the Council members quarterly.

Quorum.
As provided for in the Charter of the City of Crystal Falls, Section 2.10(c), three (3) members of the Council shall constitute a quorum for the transaction of business.

Attendance at Council Meetings.
Pursuant to the Charter of the City of Crystal Falls, Section 2.06(b)(4), failure of Council members to attend three (3) consecutive regular meetings without being excused by the Council shall be grounds for forfeiture of office.

The City Manager shall attend all council meetings. He/she shall prepare the agenda and obtain reports for business matters and other items to be presented to the Council.

The City Clerk/Treasurer shall attend all council meetings and shall keep the minutes and perform such other duties as may be requested by the Council.

The City Attorney shall attend all meetings of the Council, and upon request shall give opinions, either written or oral, on questions of law, and shall act as Council parliamentarian and intervene as needed to keep the Council meeting on track. Councilors with legal questions regarding an issue on the agenda should contact the Attorney prior to the meeting, if possible, to allow for research prior to the Council meeting.

Presiding Officer.
The Mayor shall be responsible for enforcing these rules of procedure and for enforcing orderly conduct at meetings. The Council shall appoint one of its members to serve as Mayor Pro Tempore, who shall preside in the absence of the Mayor. In the absence of the Mayor and Mayor Pro Tempore, the member present who has the longest consecutive service on the council shall preside.

Disorderly Conduct.
The presiding officer may call to order any person who is being disorderly by speaking out of order or otherwise disrupting the proceedings, failing to be germane, speaking longer than the allotted time or speaking vulgarities. Such person shall be seated until the chair determines whether the person is in order.

If the person so engaged in presentation is called out of order, he or she shall not be permitted to continue to speak at the same meeting except by special leave of council. If the person shall continue to be disorderly and disrupt the meeting, the chair may order the sergeant of arms to remove the person from the meeting. No person shall be removed from a public meeting except for an actual breach of peace committed at the meeting. (For purposes of council meetings the city police officer on duty at the time of the meeting shall serve as the sergeant of arms and be called to the meeting by the Clerk/Treasurer if his/her services are needed.)

SECTION 3. Closed Meetings.

Purpose.
Closed meetings may be held only for the reasons authorized in the Open Meetings Act.

Calling closed meetings.
At a regular or special meeting, the council, by a two-thirds roll call vote may call a closed session under the conditions outlined in the Open Meetings Act. The roll call vote and the purpose(s) for calling the closed meeting shall be entered into the minutes of the public part of the meeting at which the vote is taken.

Minutes of closed meetings.
The Clerk/Treasurer shall take a separate set of minutes at the closed session. These minutes will be retained by the Clerk/Treasurer, shall not be available to the public, and shall only be disclosed if required by a civil action, as authorized by the Michigan Open Meetings Act. These minutes will be destroyed one year and one day after approval of the minutes of the regular meeting at which the closed session was approved.

Rules of parliamentary procedure.
The rules of parliamentary practice as contained in the latest edition of Robert’s Rules of Order shall govern the council in all cases to which they are applicable, provided that they are not in conflict with these rules, city ordinances or applicable state statutes.

The presiding officer shall preserve order and decorum and may speak to points of order in preference to other council members. The presiding officer shall decide all questions arising under this parliamentary authority, subject to appeal and reversal by a majority of the council members present.

Any member may appeal to the council a ruling of the presiding officer. If the appeal is seconded, the member making the appeal and the presiding officer may briefly state the ruling. There shall be no debate on the appeal and no other member shall participate in the discussion. The question shall be, "Shall the decision of the presiding officer be sustained?" If the majority of the members present vote "aye", the ruling of the presiding officer is sustained; otherwise it is overruled.

2. Conduct of discussion.

During the council discussion and debate, no member shall speak until recognized for that purpose by the presiding officer. After such recognition, the member shall confine discussion to the question at hand and to its merits and shall not be interrupted except by a point of order or privilege raised by another member. All speakers, Council members and/or visitors, should address their remarks to the presiding officer, limit themselves to five (5) minutes on the subject, maintain a courteous tone and avoid interjecting a personal note into the debate.

No member shall speak more than once on the same question unless every member desiring to speak to that question shall have had the opportunity to do so.

The presiding officer, at his or her discretion and subject to the appeal process mentioned in Section 4.1, may permit any person to address the council during its deliberations.

3. Ordinances and resolutions.

No ordinance shall relate to more than one subject, and that subject shall be clearly stated in its title. All ordinances are subject to the procedures of the Charter of the City of Crystal Falls, Section 2.12.

A vote on all ordinances and resolutions shall be taken by a roll call vote and entered in the minutes unless it is a unanimous vote. If the vote is unanimous, it shall be necessary only to so state in the minutes.

Duty to vote.
Election to a deliberative body carries with it the obligation to vote. Council members present at a council meeting shall vote on every matter before the body, unless otherwise excused or prohibited from voting by law. A council member who is present and abstains or does not respond to a roll call vote shall be so recorded, unless otherwise excused or prohibited by law from voting.

Conflict of interest, as defined by law, shall be the sole reason for a member to abstain from voting. The opinion of the city attorney shall be binding on the council with respect to the existence of a conflict of interest. A vote may be tabled, if necessary, to obtain the opinion of the city attorney.

The right to vote is limited to the members of the council present at the time the vote is taken. Voting by proxy or by telephone is not permitted.

All votes must be held and determined in public; no secret ballots are permitted.

Results of voting.
In all cases where a vote is taken, the presiding officer shall declare the result.

It shall be in order for any council member voting in the majority to move for a reconsideration of the vote on any question at that meeting or at the next succeeding meeting of the council. When a motion to reconsider fails, it cannot be renewed.

General.
Each regular council meeting agenda shall provide for reserved time for audience participation.

If requested by a member of the council, the presiding officer shall have the discretion to allow a member of the audience to speak at times other than reserved time for audience participation.

Length of presentation.
Any person who addresses the council during a council meeting or public hearing shall be limited to five (5) minutes in length per individual presentation. The clerk will maintain the official time and notify the speakers when their time is up. The length of time for presentation may be waived or extended by the council on a case by case basis.

Addressing the council.
When a person addresses the council, he or she shall stand, at a podium if provided, state his or her name and home address. Remarks should be confined to the question at hand and addressed to the presiding officer in a courteous tone. No person shall have the right to speak more than once on any particular subject until all other person wishing to be heard on that subject have had the opportunity to speak and then only upon recognition of the presiding officer.

Adoption and amendment of rules of procedure.
These rules of procedure of the council will be placed on the agenda of the first meeting of the council following the seating of newly elected council members for review and adoption. A copy of the rules adopted shall be distributed to each council member.

The council may alter or amend its rules at any time by a vote of a majority of its members after notice has been given of the proposed alteration or amendment.

Suspension of rules.
The rules of the council may be suspended for a specified portion of the meeting by an affirmative vote of two-thirds of the members present except that council actions shall conform to state statutes, the City Charter, and to the Michigan and the United States Constitutions.

Bid awards.
Bids will be awarded by the council during regular or special meetings. A bid award may be made at a special meeting of the council if that action is announced in the notice of the special meeting.

Committees.
Working committees on the City Council may be appointed from time to time when necessary for purposes of study and recommendation concerning particular subjects. Members of such committees are to be appointed by the Mayor with approval of the City Council. The necessity for and the structure of such committees shall be determined by the City Council.

Authorization for contacting the city attorney.
The following officials are authorized to contact the city attorney regarding municipal matters:

Mayor

Councilors

City Manager

City Clerk/Treasurer

At 5:20 p.m., Mayor Cram temporarily adjourned to a public hearing for the consideration of amendments to Ordinance 2.12, an ordinance regulating cross connections with the public water supply system. Councilor Benda supported by Councilor Hendrickson moved to adopt the amended ordinance as follows:

ORDINANCE NO. 2.12

AN ORDINANCE REGULATING CROSS CONNECTIONS WITH THE PUBLIC WATER SUPPLY SYSTEM; I.E., A CONNECTION OR ARRANGEMENT OF PIPING OR APPURTENANCES THROUGH WHICH WATER OF QUESTIONABLE QUALITY, WATES OR OTHER CONTAMINANTS CAN ENTER THE PUBLIC WATER SUPPLY SYSTEM.

Be It ordained by the Council of the City of Crystal Falls, State of Michigan:

Ordinance No. 2.12 be amended to read as follows:

Section 1. That the City adopts by reference the Water Supply Cross Connection Rules of the Michigan Department of Environmental Quality being R 325.11401 to R 325.11407 of the Michigan Administrative Code, under Act 399.)

Section 2. That it shall be the duty of the Department of Public Works to cause inspections to be made of all properties served by the public water supply where cross connections with the public water supply is deemed possible. The frequency of inspections and re-inspections based on potential health hazards involved shall be as established by the City of Crystal Falls and as approved by the Michigan Department of Environmental Quality.

Section 3. That the representative(s) of the City of Crystal Falls shall have the right to enter at any reasonable time any property served by a connection to the public water supply of the City for the purpose of inspecting the piping system or systems thereof for cross connections. On request, the owner, lessees or occupants of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. The refusal of such information or refusal of access, when requested, shall be deemed evidence of the presence of cross connections.

Section 4. That the City of Crystal Falls is hereby authorized and directed to discontinue water service after reasonable notice to any property wherein any connection in violation of this ordinance exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply system. Water service to such property shall not be restored until the cross connection(s) has been eliminated in compliance with the provisions of this ordinance.

Section 5. That all testable back-flow prevention devices shall be tested initially upon installation to be sure that the device is working properly. Subsequent testing of devices shall be conducted at a time interval specified by the City of Crystal Falls and in accordance with Michigan Department of Environmental Quality requirements. Only individuals approved by the Michigan Department of Environmental Quality shall be qualified to perform such testing. That individual(s) shall certify the results of his/her testing.

Section 6. That the potable water supply made available on the properties served by the public water supply shall be protected from possible contamination as specified by this ordinance and by the state plumbing code. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled in a conspicuous manner as:

Section 7. That this ordinance does not supercede the state plumbing code but is supplementary to it.

Section 8. That any person or customer found guilty of violating any of the provisions of this Ordinance, or any written order of the City of Crystal Falls, in pursuance thereof, shall be deemed guilty of a civil infraction, and upon conviction thereof shall be punished by a fine of $100.00. Each day upon which a violation of provisions of this act shall occur shall be deemed a separate and additional violation for the purpose of this ordinance and fines shall be calculated at the rate of $100.00 per day.

Section 9. Effective Date. This amended ordinance shall become effective in the City of Crystal Falls thirty (30) days following the adoption by the City Council and upon publication.

Motion carried.

Said ordinance will be published and become effective April 10, 2002.

Returned to regular meeting at 5:25 p.m.

Manager Nordeman updated the Council on matters concerning the Riverwalk Project. Councilor Hendrickson supported by Councilor Benda moved to approve the pay request from Butch Neuens Landscaping, Inc. in the amount of $18,619.10 for work completed on the Paint River Walk Project.

Motion carried.

Councilor Nylund supported by Councilor Benda moved to approve a cost sharing formula for the Fire Authority as follows:

50% of the Fire Authority budget would be based upon the official 2000 census and be shared in proportion of each municipality population to the total population of those municipalities. These include: Crystal Falls City, Crystal Falls Township, Mansfield Township, and Mastodon Township. 50% of the Fire Authority budget would be based upon historical "man hours" fighting fires. The time period would encompass 1991 through the most recent calendar year. Costs would be shared in proportion of each municipality’s actual hours to the total hours of those municipalities.

Reimbursement received from automobile fires would result in deduction of man hours from that municipality’s total for the year. Dollars reimbursed would be deposited within the Fire Authority.

An appropriate fee to be established by the Fire Authority relating to automobile fires and accident calls. Such hours would be deducted from each municipality’s total "man hours" to the extent the Fire Authority is able to collect its fee(s) from insurance.

Budget Adjustments 12/01/02 – 11/30/03 (Fiscal 2003): Recommended that the Council endorse reductions amounting to approximately 20% of the current $255,000 (Fiscal 2002) Budget. The reductions to be recommended by the Fire Authority Board submitted to Crystal Falls City and Crystal Falls Township for approval no later than May 13, 2002.

Ayes: Councilors Benda, Nylund, and Hendrickson

Nays: Mayor Cram and Councilor Lind

Motion carried.

Councilor Nylund supported by Councilor Benda moved to approve the cemetery contracts with Crystal Falls Township, Mastodon Township, and Mansfield Township for the upcoming year, April 2002 – March 2003.

Motion carried.

Manager Nordeman advised the Council on the financial status of the sewer fund and suggested they consider possible steps to avoid additional loss in this fund in the future.

Councilor Benda supported by Councilor Hendrickson moved to approve the purchase of a Dell Power Edge 2550 Server and attachments, including installation, from Teck Solutions of Iron Mountain at a cost not to exceed $8,902.00.

Motion carried.

Councilor Hendrickson supported by Councilor Benda moved to adopt the following resolution:

BORDER TO BORDER COMMUNITIES RENAISSANCE TEAM

DESIGNATION COOPERATION AGREEMENT

WHEREAS, the counties of Arenac/Gladwin/Mecosta, Branch, Barry/Ionia, Delta/Iron, and Lenawee known as the Border to Border Renaissance Team were jointly designated by the State of Michigan as a Renaissance Zone beginning in the year 2002; and

Whereas, Public Act 376 of 1996, as amended, provides for the designation of ten (10) geographic areas as sub-zones and that is what currently makes up the Border to Border Communities; and

Resolution adopted.

Councilor Benda supported by Councilor Hendrickson moved to donate $100.00 to the Alcohol Free Party for 2002 Graduating Seniors.

Motion carried.

Councilor Hendrickson supported by Councilor Nylund moved to approve the purchase of a 1999 Toro RM 3100-D Sidewinder mower from Reinders in the amount of $16,900.00 for use at the municipal golf course.

Ayes: Mayor Cram, Councilors Hendrickson, Benda, and Nylund

Nays: Councilor Lind

Motion carried.

Councilor Benda supported by Councilor Nylund moved to approve the purchase of a computer for use in the electric department, including a wide paper printer, with the total cost not to exceed $1,800.00.

Motion carried.

Manager Nordeman updated the Council on matters concerning the barrier net and the transfer of the Crystal Manor.

Councilor Hendrickson supported by Councilor Benda moved that the payrolls and disbursements in the amount of $310,077.42 for the month of February 2002 be approved, and the City Clerk be instructed to draw checks on the City Treasury in payment of same.

Motion carried.

Mayor Cram supported by Councilor Nylund, moved to accept the following reports for the month of February 2002:

Police Chief’s report indicating 113 complaints, 14 of which were closed by arrest and 2,777 patrolled miles.

Joint Fire Authority report submitted by Fire Chief John Ahola indicating answering 1 fire calls; spending approximately 70.5 man-hours fighting fires; and holding 1 practice and training session.

Chief Electrician’s report of department activities.

Public Work foreman’s report on department activities.

Motion carried.

Mayor Cram supported by Councilor Nylund moved to meet in closed session to discuss settlement strategy concerning the ongoing litigation with Oberstar Excavating, Inc.

Motion carried.

Meeting temporarily adjourned at 6:24 p.m.

Meeting reconvened at 6:46 p.m.

There being no further business to come before the Council, meeting adjourned at 6:47 p.m.