Benefit breakup discussed at meeting

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Several student organizers were looking to the Mount Pleasant City Commission
for answers after their event was canceled due to “loud music complaints.”
The Overtime Festival II, benefiting the National Multiple Sclerosis Society,
was canceled Sept. 16 after several city residents complained of excessive noise
in Chipp-A-Waters Park.
The organizers of the event, Ortonville senior Dan Nixon and Fenwick junior
Rob Forest, along with several others, went before the commission Monday night
to discuss the situation.
Joel Lewis, Mount Pleasant graduate student, read his guest column that was
printed in Friday’s issue of CM LIFE, which raised questions such as “Why
did the Mount Pleasant Police Department feel the need to bring an abrupt end
to a charity event in a hostile manner?” “Why was the city sound ordinance
selectively enforced?” and “Why is it that the police decided to shut
down the event abruptly after only three phone calls?”
Nixon said the students wanted the commission to be aware of the problem and
to discuss solutions on how to prevent miscommunication from happening again.
“We just wanted them to know what was going on,” he said.
Commissioner Adam Miller said the incident involved miscommunication on both
sides.
“In the future, I’m glad that we can work with you because this is
a good cause, but we obviously have a problem,” he said.
Miller said he was uncomfortable with how the City ordinances were used to deal
with the situation. The event was shut down because of excessive noise levels,
but the noise level could not be determined. The event was then considered a
nuisance party allowing police officials to stop the benefit.
The Mount Pleasant Nuisance Ordinance defines a nuisance as: “Whatever
annoys, injures or endangers the safety, health, comfort or repose of the public.”
Section 96.03 of the Nuisance Ordinance, which deals with prohibited noises,
stipulates that commercial events are regulated by the decibel level of noise
they output.
City Manager Paul Preston said that although the prohibited noise section of
the ordinance is on the City’s books, the City does not have the equipment
necessary to enforce it.
“The noise ordinance has to be enforced with a decibel reader, and the
reason we don’t have one is because they’re not always accurate, they
have to be calibrated often and we would have to train people on how to use
it properly,” Preston said.
Because that section of the ordinance was not enforceable, Section 96.04 of
the ordinance, which deals with nuisance parties, was enforced. Section 96.04
defines a nuisance party as “A social gathering or party which is conducted
on premises within the city … (which results in) unnecessary or unusually
loud noise which disturbs the comfort and quiet repose of the neighborhood.”
Miller said the issue of the ordinances is a complication that needs to be addressed.
“I don’t like the fact that we can’t enforce an ordinance on
the books and enforcing another subjectively. That to me is a sliding law and
we should be able to show in black and white if they were violating the law,”
he said.
Commissioner Cynthia Bradley agreed with Miller, and said the City should look
into acquiring the necessary equipment to enforce Section 96.03 of the ordinance.
Commissioner Sharon Tilmann said the silver lining to the situation is that
now the City and the university have issues to discuss through the CMU/City
Task Force, which is a liaison committee designed to improve communication between
the two entities.
“I think that although this is unfortunate, we can turn this around because
this is something that needs to be looked at. By addressing these concerns through
the task force, in the future we can better prevent these incidents and when
they do happen, work together to find solutions,” Tilmann said.
Preston echoed Tilmann’s thoughts, saying that one positive outcome of
the situation is that police officials will change the way they issue permits.
The organizers received a permit from Mount Pleasant’s Parks and Recreation
department to perform in the park, but the permit did not allow the event to
exceed certain noise levels.
“We’ll work with you and make sure everyone understands the rules
and regulations so this kind of incident doesn’t happen again,” Preston
said.
Commissioner Gerald Cassel said the organizers of the event should be commended
for their efforts to raise funds for a good cause.
“CMU students are an integral part of our community. These folks should
be congratulated for raising money for Multiple Sclerosis and to have it end
as it did was unfortunate.”
Mayor Albert Kaufmann said members of the task force should be appointed within
the next week or two.
Nixon said he was pleased with the commission’s reaction.
“I wasn’t expecting them to be cold, but I was glad that they realized
that we were trying to do something good and there was miscommunication.
“I thought it was a pretty positive experience and I’m pleased that
they will help out with the next one. We want to not just limit this to CMU
but involve the whole community,” he said.
Anyone wishing to make a contribution to benefit Multiple Sclerosis, can send
donations to Proletariat Records, 320 1/2 W. Maple St.
In other news:

• A public hearing was set for Oct. 23 for the City to issue bonds for the
  Listening Ear, 107 E. Illinois St., to build 40 units of low- and moderate-income
  housing on property at Broadway and Bradley streets.
• A public hearing was set for Oct. 9 to consider the adoption of the Land
  Division Ordinance.
• A motion was passed to construct a welcome wall at the corner of Pickard
  and Mission streets. The wall will be located near the parking lot of Olson
  Tire Service, 704 E. Pickard St., and the bid was awarded to Straus Masonry
  for $23,840.
• A motion was passed to sell 10 acres in Industrial Park-South to Konwinski
  Construction for $75,000.
• The commission reported that the City and County have not been able to jointly
  prioritize their 2 percent allocation requests from the Saginaw Chippewa Indian
  Tribe. Representatives will meet on Friday to develop a list to submit.