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August 7, 2018 Village Referendum Ballot Proposal 1

In an effort to provide information the Proposal #1 states:

  1. VILLAGE OF BEAR LAKE PROPOSAL TO APPROVE ORDINANCE NO. 10 OF 2017
    Shall Ordinance No. 10 of 2017, which provides for the appointment of the village clerk and village treasurer, and which was enacted by the Bear Lake Village Council October 18, 2017, be approved and take effect?

The Village has not posted any information on their Ordinance page for several years.

Ordinance 10 of 2017 does not exist – Ordinance #1 reads as follows:
https://bearlakemichigan49614.com/2017/11/30/village-clerk-treasurer-appointment-ordinance-ordinance-no-1-of-2017/

On October 18, 2017 at the Regular Village Council Meeting:

Appointment of elected positions, clerk & treasurer – Clerk McPherson reviewed ordinance to council. Motion to adopt ordinance to change clerk & treasurer positions from elected to appointed by Schroeder, seconded by McPherson. Motion carried.
Aye: Bass, Evans, McPherson, Ronning, Schroeder, Bair
Nay: none
Absent: Johnson

The following was published in the Manistee News Advocate on October 27:

NOTICE OF ADOPTION OF VILLAGE CLERK –
TREASURER APPOINTMENT ORDINANCE 
Ordinance No. 1 of 2017 
and the RIGHT OF REFERENDUM RELATING THERETO 
PLEASE TAKE NOTICE that pursuant to MCL 62.1 (3) the Bear Lake Village Council, at its regular meeting on October .ta , 2017, enacted Ordinance No. 1 of 2017, which provides for the appointment of the Village Clerk and Village Treasurer. 
RIGHT OF REFERENDUM. 
The Ordinance shall become effect­ive 45 days after its enactment without a vote of the electors, un­less a petition signed by not less than ten (10%) percent of the re­gistered electors of the Village is filed with the Village Clerk within 45 days after the date the Ordin­ance was enacted. If such a peti­tion is filed, the Ordinance shall not become effective unless ap­proved by a majority of the quali­fied electors of the Village at an election held on the question. 
This notice is given pursuant to the requirements of MCL 62.1 (4). Cindi McPherson, Clerk Village of Bear take 
VILLAGE OF BEAR LAKE 
Ordinance No.1 of 2017 
AN ORDINANCE TO PROVIDE FOR THE APPOINTMENT OF THE VILLAGE CLERK AND VILLAGE TREASURER. THE VILLAGE OF BEAR LAKE ORDAINS: 
Section 1. Establishment of Offices. 
As authorized by MCL 62.1 (3), the village clerk and village treasurer shall be chosen by nomination of the village presid­ent and appointment by a major­ity of the village council.
Section 2. Term of Offices. 
The term of office of the village clerk and village treasurer shall be two years, beginning on November 20 of each even ­numbered year and until a suc­cessor is appointed. The per­sons first appointed as village clerk and village treasurer under this ordinance shall have an ini­tial term of office commencing on November 20, 2018, or when the office becomes vacant, whichever occurs first. The per­sons appointed village clerk and village treasurer shall take and subscribe the oath of office and shall file it with the village clerk prior to taking office, together with the filing of any bond re­quired by law.
Section 3. Effective Date. 
This ordinance shall take effect 45 days after the date of its ad­option, unless a petition signed by not less than ten percent (10%) of the registered electors of the village is filed with the vil­lage clerk within such 45-day period, in which case this ordin­ance takes effect upon approval at an election held on the ques­tion of whether this ordinance should be approved. Notice of the delayed effect of this ordin­ance and the right of petition un­der this section shall be pub­lished separately at the same time and in the same manner as this ordinance is published in a local newspaper of general circu­lation. 
Section 4. Adoption. 
This ordinance shall be adopted by an affirmative vote of at least two-thirds (2/3) of the members of the village council. 
Section 5. Severability. 
If any section, provision or clause of this ordinance or the application thereof to any per­son or circumstance shall be in­valid, such invalidity shall not ef­fect any remaining portion or ap­plication of this ordinance which can be given effect without the invalid portion or application. 
Section 5. Publication. 
The village clerk shall certify to the adoption of this ordinance and cause the same to be pub­lished as required by law. Ordinance No.1 was adopted on the 18th day of October, 2017, by the Bear Lake Village Council as follows: 
Motion by: Schroeder Seconded by: McPherson Yeas: Bass, Evans, McPherson, Ronning, Schroeder, Bair Nays: None 
Absent: Johnson 
Cindi McPherson, Clerk 
Jeff Bair, President 
I certify that this is a true copy of Ordinance No. 1 that was adop­ted at a regular meeting of the Bear Lake Village Council on Oc­tober 18th , 2017 and published  in the Manistee News Advocate on October 27, 2017. 
Dated: 18 October 2017 Cindi McPherson, Clerk October 27, 2017 
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August 7, 2018: Village of Bear Lake Referendum Vote Proposal 2

On August 7, 2018 Village registered voters will see two Proposals on the Ballot called as the result of voters asking for a say on two items passed by the Village of Bear Lake Council. [The threshold is 10%. It is believed @25% of current registered voters signed]

In both Proposals the result will impact the financial position of both Village government and Village tax payers long into the future.

  1. For a full list of Manistee Proposals select the following link august_2018_official_list_of_proposals (1)
  2. VILLAGE OF BEAR LAKE PROPOSAL TO APPROVE ORDINANCE NO. 10 OF 2017
    See prior post by clicking here.
  3. VILLAGE OF BEAR LAKE PROPOSAL TO AUTHORIZE ISSUANCE OF MUNICIPAL SECURITIES
    Shall the Village of Bear Lake, Manistee County, Michigan, be authorized to issue municipal securities pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in one or more series, in an amount of not to exceed Three Hundred Fifty Thousand Dollars ($350,000) for the purpose of acquiring and constructing a new department of public works building, together with site work, parking facilities, fixtures, furnishings, equipment, and all related appurtenances and related work?

The maximum number of years the municipal securities may be outstanding, exclusive of refunding, is thirty (30) years.

The Village intends to use water system revenues, park fund revenues, major and local street fund revenues and general fund moneys as the primary source of revenue to be used to retire the municipal securities. The municipal securities will be limited tax general obligations of the Village and no new taxes will be levied for their payment. The Village estimates that of its current Village millage levy, 0.193 mills (19.3 cents for each $1,000 of taxable value) will be allocated in the first year to pay the municipal securities and the estimated simple average annual amount of millage allocated to retire the municipal securities is estimated to be 0.5019 mills (50.19 cents for each $1,000 of taxable value).

The Village’s power to levy taxes to make the payments of principal and interest on the municipal securities is limited by applicable constitutional and statutory limitations on the taxing power of the Village and no new taxes are authorized to pay the principal of and interest on the municipal securities.


At this stage, being so close to the August 7 Election, the Village is constrained by MICHIGAN CAMPAIGN FINANCE ACT Act 388 of 1976

AN ACT to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts.
(2) “Ballot question” means a question that is submitted or is intended to be submitted to a popular vote at an election whether or not it qualifies for the ballot.
 
169.206 “Expenditure” defined. 
Sec. 6. (1) “Expenditure” means a payment, donation, loan, or promise of payment of money or anything of ascertainable monetary value for goods, materials, services, or facilities in assistance of, or in opposition to, the nomination or election of a candidate, the qualification, passage, or defeat of a ballot question, or the qualification of a new political party. 
Bear Lake News will not render an opinion of how people should vote.
Rather these are the questions being raised by residents themselves.
1. Is the Village of Bear Lake sufficiently financially sound and resilient to shoulder both a 40 year $1.463m loan AND a $350,000 30 year loan to run concurrently?
2. As a qualifier, the requested amortized Bond schedule for the Water System loan not having been published, Bond payments for the Water system will be due twice year totaling $53,000 . The only prior document that explained how water rates would be raised to cover O&M, plus debt repayment is shown here.
The actual water loan interest rate is lower but the amount is higher.
[NOTE: No actual schedule following the May 15, 2018 Bond sale, has been published in spite of numerous requests]
This directly relates to Maintenance Building Bond payments because both will fall due at roughly the same time: March 1 and September 1.
Financing of the water system debt is based on total water revenue – how $7200 can now be also allocated to meet the Maintenance Building repayment is an unanswered question. Will this require raising water rates?
Following a lengthy and persistent FOIA campaign the actual Maintenance Building documents were received on June 30 following a direct appeal to USDA. You may read them here as PDFs
Here is the amortized repayment schedule for the ‘DPW’ Building.

A rough calculation show a total interest payment of @$204,500.
These were posted to the Village web site a week later under a new tab ‘DPW Building.’
A reminder that a Petition to hold a Referendum vote on this matter was submitted and accepted on May 14, 2018 in time to be placed on the August 7 Primary Ballot. [The Village placed a display ad for the Notice to Issue Bonds in the Manistee News Advocate on April 2, 2018.]
A transcript of the history, Minutes and request concerning a replacement Maintenance Building is available here.DPW_History [names have been redacted]
An alternative option exists which could dramatically reduce the interest paid – financing locally and guaranteeing the loan through a Special Assessment levy – the mechanism used by Bear Lake Township to finance its fire vehicles.
This option was suggested in past communications.
A reader has commented that the current fiscal operations in the Village seem to be based on constantly amending the Operating Budget with little effort to rebuild reserve funds – a trend reported by the Michigan Department of Treasury.
While this may be legal – once a loan agreement has been entered into with the federal government – default or late payment is no longer an option.
Headlee Amendment Article IX, Sections 25 to 34 of the Michigan Constitution are often referred to as the “Headlee amendment”.
These provisions, adopted by the voters in 1978, constrain growth in property taxes. The Headlee amendment does the following:
1. Requires that, if the base of a tax is broadened, the tax rate be reduced to levy the same amount of tax revenue as was received on the prior base.
2. Prohibits a local government from levying any new tax (one not authorized by law or charter in 1978) or increasing the rate of a current tax without voter approval.
3. Limits the annual growth in property tax revenue due to increases in taxable value (excluding new construction and improvements) to the rate of inflation in the prior year. Under the “Headlee rollback”, if the increase in taxable value would cause the tax revenue to grow by more than the rate of inflation, then the millage rate must be reduced to a level that results in revenue growth of not more than the rate of inflation. These limits do not apply to millage levied for the repayment of voter-approved bonds.
The Village is currently operating at the allowed property tax level. Water and Park revenues, in addition to the often unreliable level of State Road funds, are the only additional sources of revenue.
Do reserve funds exist to cover unexpected bills, other than the fund required by USDA as part of the Water System loan agreement? Having now received the design and billing documents for the proposed Maintenance Building, several duplicate billable services seem to overlap with those already covered by the Water Project? Does the Village need 2 pickups, 2 blade trucks? What plans are in place for the previous Village Hall?
It has been stated that these projects are vital to making this community flourish and thereby improve the future for our children. Why then are so many businesses currently for sale?
Village voters will approve or decline to take on this level of debt. Our children and their children will still be paying for the decision made on August 7, 2018.
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Financial implications of Act No. 87 Public Acts of 2018 Approved by the Governor March 26, 2018 Filed with the Secretary of State March 26, 2018 EFFECTIVE DATE: June 24, 2018

2018-PA-0087 [PDF]

http://www.legislature.mi.gov/documents/2017-2018/publicact/htm/2018-PA-0087.htm

Act No. 87 Public Acts of 2018 Approved by the Governor March 26, 2018
Filed with the Secretary of State March 26, 2018. EFFECTIVE DATE: June 24, 2018
STATE OF MICHIGAN 99TH LEGISLATURE REGULAR SESSION OF 2018

Introduced by Senators Stamas, Shirkey and Brandenburg

ENROLLED SENATE BILL No. 591

AN ACT to amend 1895 PA 3, entitled “An act to provide for the government of certain villages; to define their powers and duties; to provide for the levy and collection of taxes, borrowing of money, and issuance of bonds and other evidences of indebtedness by villages subject to this act; to define the powers and duties of certain state and local officers and entities; to define the application of this act and provide for its amendment by villages subject to this act; to validate prior amendments and certain prior actions taken and bonds issued by villages subject to this act; to provide for the disincorporation of villages; and to prescribe penalties and provide remedies,” by amending section 22 of chapter IX (MCL 69.22), as amended by 1998 PA 254.

The People of the State of Michigan enact:

CHAPTER IX

FINANCE AND TAXATION.

Sec. 22. (1) If any greater amount is required in any year for any lawful purpose than can otherwise be raised by the council under this chapter, the amount may be raised by tax or loan, or partly by tax and partly by loan. If approved by a majority vote of the electors at an annual or special village election, the council may levy a tax that, in any year, must not exceed 2% of the assessed valuation of the real and personal property within the village, as shown by the last preceding assessment roll of the village.

(2) The amount of indebtedness incurred by the issue of bonds or otherwise, including existing indebtedness, must not exceed 10% of the assessed valuation of the real and personal property within the village subject to taxation as shown by the last preceding assessment roll of the village. Bonds issued in anticipation of the collection of special assessments even though the bonds are a general obligation of the village, motor vehicle highway fund bonds even though they are a general obligation of the village, revenue bonds, or bonds issued or contract or assessment obligations incurred to comply with an order of the department of environmental quality or a court of competent jurisdiction, even though they are a general obligation of the village and bonds issued or contract or assessment obligations incurred for water supply, sewage, drainage, or refuse disposal necessary to protect the public health by abating pollution even though they are a general obligation of the village, are not included in this limitation. Money on hand in a sinking fund limited to the payment of indebtedness may be treated as a reduction of the indebtedness to that extent. In case of fire, flood, or other calamity requiring an emergency fund for the relief of the inhabitants of the village, or for the repairing or rebuilding of any of its municipal buildings, works, bridges, or streets, the council may borrow money due in not more than 3 years and in an amount not exceeding 1/4 of 1% of the taxable valuation of the village, notwithstanding that the loan may increase the indebtedness of the village beyond the limitations fixed by this section. If a village is authorized to acquire or operate a public utility, the village may issue mortgage bonds therefor beyond the general limit of bonded indebtedness prescribed by this section. The mortgage bonds issued beyond the limit of general indebtedness prescribed by this section must not impose any liability upon the village, but must be secured only upon the property and revenues of the public utility, including its franchise, stating the terms upon which, in case of foreclosure, the purchaser may operate the public utility; which franchise must not extend for a period of more than 20 years from the date of the sale of the utility and franchise on foreclosure. All bonds issued, or contract or assessment obligations incurred, before January 30, 1974 are validated.

(3) In computing the net indebtedness for the purposes of subsection (2), there may be added to the assessed value of real and personal property in a village for a fiscal year an amount equal to the assessed value equivalent of certain village revenues as determined under this subsection. The assessed value equivalent must be calculated by dividing the sum of the following amounts by the village’s millage rate for the fiscal year:

(a) The amount paid or the estimated amount required to be paid by the state to the village during the village’s fiscal year for the village’s use under the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921, and the amount of any eligible reimbursement to the village under the local community stabilization authority act, 2014 PA 86, MCL 123.1341 to 123.1362, except any amount distributed under section 17(4)(c) of the local community stabilization authority act, 2014 PA 86, MCL 123.1357, in excess of the village’s qualified loss. The department of treasury shall certify these amounts upon request. As used in this subdivision, “qualified loss” means that term as defined in section 5 of the local community stabilization authority act, 2014 PA 86, MCL 123.1345.

(b) The amount levied by the village for its own use during the village’s fiscal year from the specific tax levied under 1974 PA 198, MCL 207.551 to 207.572.

(c) The amount levied by the village for its own use during the village’s fiscal year from the specific tax levied under the commercial redevelopment act, 1978 PA 255, MCL 207.651 to 207.668.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor

 

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August 7, 2018 Village of Bear Lake Referendum Vote Proposals

On August 7, 2018 Village registered voters will see two Proposals on the Ballot called as the result of voters asking for a say on two items passed by the Village of Bear Lake Council. [The threshold is 10%. It is believed @25% of current registered voters signed]

In both Proposals the result will impact the financial position of both Village government and Village tax payers.

  1. For a full list of Manistee Proposals select the following link august_2018_official_list_of_proposals (1)
  2. VILLAGE OF BEAR LAKE PROPOSAL TO APPROVE ORDINANCE NO. 10 OF 2017
    Shall Ordinance No. 10 of 2017, which provides for the appointment of the village clerk and village treasurer, and which was enacted by the Bear Lake Village Council October 18, 2017, be approved and take effect?
  3. VILLAGE OF BEAR LAKE PROPOSAL TO AUTHORIZE ISSUANCE OF MUNICIPAL SECURITIES
    Shall the Village of Bear Lake, Manistee County, Michigan, be authorized to issue municipal securities pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in one or more series, in an amount of not to exceed Three Hundred Fifty Thousand Dollars ($350,000) for the purpose of acquiring and constructing a new department of public works building, together with site work, parking facilities, fixtures, furnishings, equipment, and all related appurtenances and related work? The maximum number of years the municipal securities may be outstanding, exclusive of refunding, is thirty (30) years. The Village intends to use water system revenues, park fund revenues, major and local street fund revenues and general fund moneys as the primary source of revenue to be used to retire the municipal securities. The municipal securities will be limited tax general obligations of the Village and no new taxes will be levied for their payment. The Village estimates that of its current Village millage levy, 0.193 mills (19.3 cents for each $1,000 of taxable value) will be allocated in the first year to pay the municipal securities and the estimated simple average annual amount of millage allocated to retire the municipal securities is estimated to be 0.5019 mills (50.19 cents for each $1,000 of taxable value). The Village’s power to levy taxes to make the payments of principal and interest on the municipal securities is limited by applicable constitutional and statutory limitations on the taxing power of the Village and no new taxes are authorized to pay the principal of and interest on the municipal securities.

At this stage, being so close to the August 7 Election, the Village is constrained by MICHIGAN CAMPAIGN FINANCE ACT Act 388 of 1976

AN ACT to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts.
(2) “Ballot question” means a question that is submitted or is intended to be submitted to a popular vote at an election whether or not it qualifies for the ballot.
 
169.206 “Expenditure” defined. 
Sec. 6. (1) “Expenditure” means a payment, donation, loan, or promise of payment of money or anything of ascertainable monetary value for goods, materials, services, or facilities in assistance of, or in opposition to, the nomination or election of a candidate, the qualification, passage, or defeat of a ballot question, or the qualification of a new political party. 
Although the Act was qualified by the O’Meara 2016 opinion the following still applies:
• Public facilities and resources can be used for public forums and public education on candidate elections and ballot questions provided the public resources are not used to influence the outcome of the election and views of all candidates and views of both supporters and opponents of a ballot question are treated equally. 
PENALTIES
A person who knowingly violates this section is guilty of a misdemeanor punishable, if the person is an individual, by a fine of not more than $1,000.00 or imprisonment for not more than 1 year, or both, or if the person is not an individual, by one of the following, whichever is greater:
(a.) A fine of not more than $20,000.00 or
(b.) A fine equal to the amount of the improper contribution or expenditure.

In this Part One of Two we will look at Proposal One.
For a previous discussion of this item see this posting:
https://bearlakemichigan49614.com/2017/11/30/village-clerk-treasurer-appointment-ordinance-ordinance-no-1-of-2017/

Village tax payers have asked for a chance to vote on a decision that permanently takes away their right to vote to Elect or Recall these two positions.

As the notice of the Ordinance, passed October 18, 2017 was only published once in the News Advocate and is nowhere on the Village web site, Village tax payers have now had adequate time to consider this change.

Pros
The rationale for proposing this change in Village Government is the stated belief by the current Council that someone elected to these positions may not have the necessary administration or financial management skills to properly do the job. In addition, as the electorate could choose a different candidate every two years, this could result in disjointed institutional records.

Cons

  1. These 2 positions currently account for almost 1/3 of all collected property taxes. The Village has already contracted with a CPA to ostensibly ‘assist’ with financial reporting.
    BY FOIA the following 2017 W3 return was received:
    16052018 PDF
    In viewing the current remuneration for these two positions it is difficult to see where changing the nature from elected to appointed would save any money.
  2. Under this Ordinance neither appointees would be required to be village residents. 
  3. If there is concern that an elected Clerk or Treasurer, (neither are voting positions), may not possess sufficient skills to perform the duties – the same standard should be applied to elected Village Council positions that do have voting/financial decision making privileges.
  4. An appointed Clerk and Treasurer would serve at the pleasure of the Council, opening the appearance of political/personal favor or leaving the appointee open to political/personal interference. 
  5. Yet to be resolved are multiple employment and human resources questions. Would they be employees or contractors
  6. Will these be ‘at will’ positions? Meaning that they could be dismissed without cause. Equally an employee could resign at any time.
  7. As the Ordinance states, these will be two year appointed positions, a new person could be, in theory, be appointed every two years – invalidating the rationale of the desire for continuity.
  8. Changing the position affects withholding and benefits and becomes subject to all labor and fair employment laws.
  9. A comprehensive Job Description, hours of performance, manner of posting and interviewing candidates, insurance and Bonding costs has not been presented.
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July 11, 2018 Two Lakes Sewer Authority Agenda

TWO LAKES SEWER COLLABORATIVE AUTHORITY -REGULAR MEETING
[see prior posting]

WEDNESDAY, JULY 11, 2018, 7:00 PM

AGENDA

Meeting Called to Order
Pledge of Allegiance
Attendance
Amend Agenda
Public Comment
Minutes of the June 6, 2018 meeting
New Business
 Municipality Boundary updates – Wade Trim
 Tom Traciak: Assessments of vacant properties
 Eric Williams: Assessments of unbuildable properties
 Project Funding/Bonding
Unfinished Business
 RFP
Public Comment
Next Meeting Date
Adjourn

[NOTE: For information contact – Onekama Township Clerk

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June 20, 2018 Village of Bear Lake DRAFT Minutes

As previously noted – the Agenda was not received in time to post information for this meeting, nor does the Village post it’s meeting packet online.

The audio recording is incomplete as the line was terminated.

Under the Michigan Open Meetings Act, draft Minutes must be available within 8 business days – these were received July 8.

For previous financial documents received use this link please.

As the FY2018-19 Operating Budget was amended we have requested the June Profit and Loss Report.

Village of Bear Lake Council REGULAR MEETING June 20, 2018
Bear Lake Village Hall
Unapproved Minutes Drafted Minutes June 20 2018

The regular meeting of the Bear Lake Village Council was called to order by President Jeff Bair at 7:00 p.m. at the Village Hall. Pledge of Allegiance was said.
Present: President: Jeff Bair Council: Peggy Bass, Marla Evans, Greg McPherson, Ron Ronning & Andrea Ware
Treasurer: Sally King, Clerk: Cindi McPherson, Staff: Jared Bair and Larry Gibson
Absent: Jackie Johnson
Guests: 13 guests
Motion to Accept the Agenda by McPherson and seconded by Evans, motion carried.
Ayes: Bass, Evans, McPherson, Ronning, Ware, Bair
Nays: none
Absent: Johnson
Additions: Old Business: Accessibility Transition Plan
Second Motion to Accept the Agenda with addition by Ronning and seconded by Bass, motion carried.
Ayes: Bass, Evans, McPherson, Ronning, Ware, Bair
Nays: none
Absent: Johnson
Additions: Water- Draw #2
Public Comment:
• BJ Tooker – Spoke on Cross Connection to his property. The cost of having this done is expensive. President Bair suggested getting other residents who need to have this done and possibly getting a lower price.
• Ben Heymes – Bear Lake Water Operator introduced himself to the group. Wanted to know if anyone had and questions for him. None asked.
Correspondence: Read by clerk:
• Solicitation letter forwarded by village attorney, Brian Graham regarding The Michigan Coalition to Protect Public Rights-of-Way. Council decided, not to join at this time.
• A letter from property owners living on Ronning Street south and Hancock Street
regarding an upgrade to high-grade road gravel. This is the only unpaved street in Bear Lake and they requested the council consider their request.
o Quote from Ron Brown & Son’s is $2,393 to pave a 14 X20 ft access section off
Main Street. Additional $3-4,000 tp gravel the remainder of the street.
o Discussion was held and Council member Evans will get quote from Ron Brown & Son’s and Reith Reilly to present at the July meeting.

• Letter from Bear Lake Watershed Alliance regarding their annual fund raiser and the SAW grant for the storm drain in the village of Bear Lake.

• Email from Fire Chief Sean Adams; with current construction to the water system in Bear Lake, the fire department will not be cycling any of the hydrants this summer.
REPORTS:
Motion to accept the minutes from May 16, 2018 regular monthly meeting with corrections by Bass, seconded by McPherson. Motion Carried.
Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
Nay: None
Absent: Johnson
Correction: mis-spelled words, 1st page, “connected and flies”, should be contacted & fliers.
Guest speaker:
Brian Sousa from Wade Trim spoke on The Two Lake Sewer Authority. Brian provided an update on the “Estimated Project Schedule”, attached at the end of this document. Present concerns were on what streets & residents would be included, cost of the project and cost to village residents. What happens to current septic systems of residents? The authority will own & operate the system and set money aside for future repairs. Brian agreed to attend a village meeting for any interested residents in July. This meeting will be set by the village president
and made public on the village website; http://www.bearlakemichigan.com the Bear Lake Post office and the village office on Virginia Street. Informational sheets with a YES, NO or MAYBE will be sent in the July water bills for residents to voice if they are interested in being part of the newsewer system.
Wade Trim was hired by the Two Lakes Sewer Authority to complete the Rural Development application for sewer around the lake. The Sewer Authority is made up of Pleasanton Township, Bear Lake Township, Village of Bear Lake and Onekama Township.
Maintenance Report: Verbal report by DPW Manager, Jared Bair
Treasurer’s Report: Reviewed by King. Written report on file in the 2018 Minutes binder. T Report May 31, 2018 

April 2018 Fund Balances:
General checking/savings total  – 58,092.32
Water checking only  – 21,755.37
Money Market Checking – 6,090.68
USDA Repayment -Savings – 100.00
USDA Construction- checking – 43,335.20
DPW Repayment – checking – 92.00
DPW Construction – checking – 92.00
Park checking/savings total – 26,628.82
Park CD#2  – 33,176.17
Major Street checking/savings total  – 25,560.31
Minor Street checking/savings total  – 7,329.83
Equipment Fund checking/savings total – 17,579.71
Motion to accept the Treasurer’s Report as presented by McPherson seconded by
Bass, motion carried.
Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
Nay: none
Absent: Johnson

Amendments:
Amended motion from May 16, 2018 for the Flag Banner, to move $100 from the
Blight Account to the Seasonal Decorations Account to cover the $500 by McPherson
seconded by Bass, motion carried.
Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
Nay: none
Absent: Johnson
Motion to accept the Amendments as presented by Evans seconded by McPherson,
motion carried.
Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
Nay: none
Absent: Johnson
Amendments:
General Fund – Move $100 from Blight to Seasonal Decorations to cover cost of
flag banners as approved in the May meeting 2018.
Increase Education to $1,250, using unallocated funds.
Water Fund – Motion to remove $35,000.00 from Water Capital Outlay and
Other Income as these are water project costs which should not have been
included in the budget.
Move $30 from License & Fees to Insurance
Just a note of audit procedure: Moved the $20,000 which paid off the old bond
to account #000-307 (Notes Payable).
Park Fund – Motion to move $95 from Tree Removal to Insurance
Major Streets – Move $95 from Tree Removal to Insurance
Equipment Fund – Motion to increase Capital Outlay to $325, using unallocated
income. Motion to increase Miscellaneous to $120, using unallocated income
Bills to be paid presented by the Clerk. List on file in 2018 Minutes folder.
Motion to pay the bills by Ronning, seconded by Bass. Motion carried.
Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
Nay: none
Absent: Johnson
April reimbursements to the General Fund were read by President Bair.
o Wages to General Fund: $4,979.64
o Equipment Rental to General Fund: $772.66
Committee Chair Reports:
Park:
o Park Manager Report: Verbal report by Park Manager, Jeff Bair. May 2018
deposits – $6,354.50 compared to May 2017 – $6,570.00. Report on file.
o Swim Safety items grant was approved for the beach area in Hopkins Park, $1500
grant, can purchase items ahead of receiving the grant money.
o Bair showed different colors for a new sign for the entrance of Hopkins Park.
Council like the red lettering. President Bair will contact sign designer and
approve sign, at a cost of $600.
o Council member Evans questioned the new roof for the decking, was there
approval for the funds? President Bair said it was approved at a previous council
meeting. Evans questioned if Council President gives permission on projects in
the park. Council will revisit spending policy at the July meeting.
o Motion for Resolution – submission of grant application to the Mansitee
Community Foundation for Hopkins Park Development by McPherson,
seconded by Evans. Motion carried.
Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
Nay: none
Absent: Johnson
o Watershed Clean-up – Farfsing reported an excellent turnout of 20 students
from Mr. Probst’s 11th grade class and additional members of the Bear Lake
Watershed. Water garden areas, pocket parks were cleaned, weeds pulled, and
sidewalks swept. Thank you to the Bear Lake High students who attended.

Streets, Trees, Signs, Lights, Sidewalks:
Follow up on a quote from Ron Brown was discussed during Correspondence section.
Water:
o Congratulations to Jared Bair, DPW Manager on his Water Operators license.
o Update on Water System Improvement Project from Ken Mlcek. Some water
mains and streets are done; next step is to tie in the water to the new piping.
Streets under construction now should be paved for Bear Lake Days. Workers
have been trying to notify residents in advance when water will be shut off but
there have been unforeseen issues with the water main mapping from years ago.
o No discussion on water ordinance.
o Fleis & Vanderbrink invoice for $20,507.72, is for interest accrued for
engineering &legal cost on Water Well Project. Pervious village attorney delay
was cause for some of this cost. Treasurer King will work with Fleis &
Vanderbrink on pay back terms.
o Treasurer King presented the new water bill design.
o DPW Building construction is on hold due to a referendum. President Bair
approved ballot language. Residents can vote on this project on the August
ballot. Correct facts on the construction project will be available to village residents.
o Mlcek presenedt the 2nd draw for the water project.
• Motion to approve 2nd draw for the Water Well Project was made by Bass, seconded
by Evans. Motion carried.
Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
Nay: none
Absent: Johnson
Blight/CABA
CABA: Meeting regarding Redevelopment Readiness Community program was
discussed and how CABA could help.
BLIGHT: Blight Officer report by Gibson. Follow up on 10 properties for blight.
County Commissioner Report: Pauline Jaquish – no report

SMARTrail Committee Report: McPherson reported.
Bear Lake Improvement Board: McPherson reported.
Two Lakes Sewer Collaborative: Presented at the beginning of the meeting.
Planning Commission: Barb Farfsing
o Motion to accept the Redevelopment Ready Communities Joint Memorandum
of Understanding by Evans, seconded by McPherson. Motion carried.
Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
Nay: none
Absent: Johnson
Ad Hoc – Policy, Resolution & Ordinance Committee –Clerk McPherson reported,
volunteer Julie, has finished index for Policy Book and is working on Resolution
Notebook.
OLD BUSINESS
• Community Clean-up Day – President Bair stated he had received a $50 gift card from Meijer to use toward lunch at the Clean-Up Day. Clerk McPherson will have posters printed and put around the village.
• Accessibility Transition Plan – Do what can be done now, handicap parking in the back parking lot of village office, handicap spot will be signed and marked. Lever door handles to replace current door knobs. President Bair said council member Johnson will follow up on this.
NEW BUSINESS
• Committee member assignment – Andrea Ware was added to Streets Committee and Buildings, Grounds & Equipment. President Bair is Ex officio member and Clerk McPherson is appointed Recording Secretary for the Planning Commission.
COUNCIL COMMENT:
• None
PUBLIC COMMENT:
• Blight Officer Gibson mentioned the boat launch area in Hopkins Park needs two “NO PARKING” signs so individuals can pull up and back into the launch area.
• David Reed questioned signage for the front of the village office building. DPW
Manager, Bair stated the banner went up today.
• Don Raiff wanted to know if the Blight elimination fund housed at the Manistee
Community Foundation sent out a quarterly finance report? Cpould this be reported at the village meetings? He would like public awareness of the fund’s balance. The Village Council would like to ask the foundation to use some of the funds for the Village Blight Officer’s wages.
COMING EVENTS
• Watershed event Saturday June 30 at Bear Lake Bed & Breakfast 5p-8p
• Community Clean-Up Day June 30, 9a-1p
• Bear Lake Days July 13-15
• Community Dinner Thursday June 21at 5p
Meeting adjourned at 10:10p.m.

Featured

July 11, 2018. 7 PM. Two Lakes Sewer Authority Meeting

A notice has been received that the next Two Lakes Sewer Authority meeting will be held at 7 PM at Bear Lake Township Hall (corner of US31 and Virginia Street in Bear Lake)

A request has been sent under the Michigan Freedom of Information Act for an Agenda and any documents to be discussed.

NOTE: Virginia Street is under construction due to water system work.

We have received Minutes from the June 20, 2018 Village Council meeting.Drafted Minutes June 20 2018

Note that the Agenda for this meeting was received too late for actual public notice.

On June 20 the following was posted at onekama.info/township:

NOTICE:  Pleasanton Township is holding a meeting regarding the sewer district boundaries on Wednesday, June 20, 2018 at 6 pm at the Pleasanton Twp. Hall. [see below for posted date]

Here are the June 6, 2018 TLSA Minutes:

Two Lake Sewer Collaborative Authority Minutes Regular Meeting Wednesday, June 6, 2018

Regular scheduled meeting called to order at 7:00 p.m. by Chairperson David Meister.
Pledge of Allegiance Members Present: David Meister, Jeff Harthun, Judy Girven, Jeff Bair, Brian Sousa, Eric Williams, and Shelli Johnson.
Amend Agenda -Add Wade Trim Agreement to New Business
Public Comment: Public comment received regarding websites, communication, postings, grant approval and amount, bank account establishment, and project schedule. Williams explained to those in attendance about the process of the TLSA, development, public input with respective Township/Village Boards, map development process, and boundaries.
Meeting Minutes: Motion by Harthun to approve the May 2, 2018 Regular Meeting Minutes, Second by Girven. M/C
New Business: Wade Trim Agreement: The Motion to approve the Preliminary Engineering Report in May is valid with the Alternate Representative making the motion. Motion by Girven, Second by Bair to accept the Wade Trim Sewer System Preliminary Engineering Report for the TLSA. Roll Call Vote: Girven – Yes, Bair – Yes, Harthun – Yes, Meister – Yes. M/C
Meeting Conduct: Williams will send Johnson samples of meeting conduct guidelines. This will be placed on the July Agenda.
Communication RFP: Establishing communication and information availability to the public, between the four municipalities, is in progress. RFP will be sent out to companies and the Authority will review results and act on. In the meantime, the Onekama Township website should be used as a reference for information. www.onekama.info, Township tab, and Two Lake Sewer Collaborative Authority tab on the bottom of the page.
Jurisdictions Next Steps: Sousa reported that he will be meeting with each municipality to review the maps. They currently reflect all properties with lake frontage. Dates are set with Pleasanton Township, Bear Lake Village, and Bear Lake Township. These meetings are open to the public. Onekama Township has had previous sewer district boundaries established. The meeting for them has not been set yet. Sousa explained that the more users being serviced in the system the better, from a cost standpoint and also a flow rate standpoint.
Key Q & A: Johnson will post a list of Key Q & A onto Onekama Township’s website for review.
Additional questions received: • Future line access charge • Hook-up charge • Wetland areas within boundaries • Per parcel charge or per hook-up charge • Public Access/Road Ends • Timeframe
Public Comment: None
Next Meeting Scheduled for July 11, 2018. 7:00 P.M. @ Bear Lake Twp. Hall Meeting Adjourned 8:11 P.M.
***********

Attached to the Village of Bear Lake DRAFT June 20 Minutes was the following:

Two Lakes Sewer Authority
Estimated Project Schedule

Planning Phase

Milestone                                                         Approximate Date
Begin preparing funding application         June 1, 2018
TLSA June Meeting                                        June 6, 2018

Presentations to assist in determining service boundary
Pleasanton Twp presentation                     June 14, 2018
Bear Lake Twp presentation                               June 19, 2018
Bear Lake Village presentation                   June 20, 2018
Onekama Twp presentation TBD
Complete service boundary for application   August 2018
Complete and submit financing application to USDA – October 2018
Receive response from USDA on financing application  – January 2019

Design & Construction Phase
Milestone                                                                       Approximate Date
Determination to pursue / design begins                April 2019
Finalize design/USDA submittal items/permits     December 2019
Open bids                                                                       March 2020
Start construction                                                         May 2020

Thus far no Operating Budget for the Two Lakes Sewer Authority has been made public.

Featured

June 20, 2018 Village of Bear Lake Meeting

The following was received by our volunteer at 4.54pm on June 20, 2018.
Too late to alert anyone wishing to attend. Once again the audio broadcast of the meeting was terminated by the Village before the end of the meeting in violation of the access permitted under the Open Meetings Act. The Village does not record its meetings.

AGENDA

Village of Bear Lake Council Meeting

June 20, 2018

7 p.m. – Village Office

CALL TO ORDER and PLEDGE OF ALLEGIANCE

ROLL CALL ADOPTION of AGENDA

  • Additions

PUBLIC COMMENT: Any agenda item ONLY (two (2)-minute maximum)
Note: Members of the public will speak only when recognized by the chair person.

CORRESPONDENCE: 

  • Right of Way – letter

REPORTS/DISCUSSION

MINUTES APPROVAL: 

  • May 16, 2018 Regular monthly meeting   

SEWER UPDATE – Brain Sousa from Wade Trim

VILLAGE MAINTENANCE REPORT:

TREASURER’S REPORT: T Report May 31, 2018 (Autosaved)

  • Acceptance of Treasurer’s Report
  • Amendments:
    • Flag banner purchase -May 16, 2018 motion needs to be amended.

BILLS to be PAID: Authorized Disbursements May2018

Clerk’s Report 6-20-18

REIMBURSEMENTS: see page 2

COMMITTEE CHAIR REPORTS:

PARK: 

  • Park Manager Report – Jeff Bair
  • Swim Safety items, grant received – President Bair
  • Hopkins Park Sign samples – President Bair
  • Kayak/Canoe Project – President Bair
  • Watershed Clean-up event – President Bair/Barb Farfsing

STREETS, TREES, SIGNS, LIGHTS, SIDEWALKS:   

WATER: 

  • Water Well update – President Bair
  • Water Ordinance update – President Bair & Council member Evans
  • DPW Building update – President Bair

BLIGHT/CABA:

  • CABA :  Rick Farfsing
  • Blight Enforcement Officer report: Gibson

COUNTY COMMISSIONER REPORT: Pauline Jaquish

MANISTEE COUNTY TRAIL COMMITTEE REPORT:  Council member M cPherson

BEAR LAKE IMPROVEMENT BOARD REPORT: Council member McPherson

TWO LAKES SEWER REPORT: Jeff Bair

PLANNING COMMISSION REPORT: Barb Farfsing

  • Redevelopment Ready Community

AD HOC COMMITTEE: Policy, Resolution & Ordinance Committee – Clerk McPherson

OLD BUSINESS: 

  • Ballot language for the appointment of Clerk & treasurer has been approved and DPW Building
  • Community Clean-Up Day – update

NEW BUSINESS:

  • Committee member assignment

PUBLIC COMMENT: General Time – Any Village-related item (two (2)-minute maximum) Note: Members of the public will speak only when recognized by the chair person.

Items on agenda or not listed

UPCOMING EVENTS and ANNOUCEMENTS:

  • Watershed event Saturday, June 23 at Bear Lake B&B at 5p-8p
  • Community Clean-up Day Saturday, June 30 at 9a-1p
  • Bear Lake Days July 13-15
  • Community Dimmer Thursday, June 21 at 5p

ADJOURNMENT     

REIMBURSEMENTS to the EQUIPMENT FUND and WAGE TRANSFER TO GENERAL FUND:

May 2018

Featured

Village of Bear Lake Regular Meeting. June 20, 2018. 7pm

Our apologies but no Agenda or documents have been received for this evening’s meeting as of 3.20 pm.

Conference Call-In to listen to monthly council meetings live by calling 1.302.202.1107, Conference code 149002.  Note:  a charge from your phone carrier could apply – we suggest using Google or Skype to avoid charges

DO NOT ASSUME YOU ARE MUTED. PRESS 6 Self Mute – Mute your individual line. Press 6 again to unmute the line.

Featured

Village of Bear Lake – Water System updates

A number of subscribers have been asking where to find up to date information on the daily work schedules for the Village of Bear Lake water system construction progress.

The Village web site has minimal information. http://www.bearlakemichigan.org/

ATTENTION BEAR LAKE VILLAGE RESIDENTS…

STREET WORK FOR THE
WATER WELL PROJECT
 IS BEGINNING!

On Friday, June 8, asphalt grinding will start on the following streets listed below.

Virginia Street
Cody Street
Euclid Street
Locust Street

 
They will bury the pipe on Monday, June 11.  
Except work on the above streets for the next month.  No weekend work.
 
Sorry for any inconvenience.


As it has become increasingly difficult to navigate with multiple construction sites on multiple streets, Bear Lake News offered to publish a point of contact. We were told not to contact the Project Manager and directed to forward all questions to the Village President. No information is available for the Construction Site Manager.

However – the awarded contracts specify the hours a resident can be impeded from accessing or being able to leave their property.

On Saturday the following Notice was taped to the Bear Lake Post Office window. [Click on the image to view a full size version]

We do not know who posted this notice but on Thursday the revised State of Michigan Lead/Copper Rule went into effect.

Additional notices were apparently placed at the Bear Lake Post Office alerting property owners that workers may be asking to enter their property to assess plumbing and install water meters. No notice is currently available at http://www.bearlakemichigan.org/progress-for-water-well-project-in-the-villlage.html but the Bid Packages are referenced there.

It is unclear if the Village now intends to take ownership of, and commence replacement of, older ‘lead’ [pronounced leed] lines – i.e the line from the mains water that enters a home or business – as part of the water system upgrade.

A review of the past lead/copper rule can be seen here.

In 2015 the Village had a 14.5 ppb lead assessment as part of the MDEQ mandatory water testing for a public supply. This was adjudged to be an averaging out of a high (24ppb) sample from 5 taken at Village homes. The cause was older lines and fittings.

Which explains why the current Notice is posted as the disturbance of lead in older lines and seals can occur during construction.

It is to be hoped that a more in depth notice, time table and contact numbers will be mailed to each Village property owner as many do not get their mail directly at the Post Office.

It should also be possible for Village water customers to request a lead testing kit if they are unsure of the condition of their lead lines, seals and domestic fittings.

Although the incident occurred in 2015, the Village is not required to test for lead again until this year [3 year cycle]

Problematic for older homes is the preferred sampling method which calls for running water to simulate ‘normal’ use before catching a sample.

Many people do not run their water for the recommended time first thing in the morning.

Now is the time to get your water tested and check all fixtures for the Safe Drinking Water Act ‘Lead Free’ label.

If you need to contact any Village official for information the following information is listed by Manistee County:

Village Offices:P.O. Box 175 Bear Lake, MI 49614
TELEPHONE 231-970-2066
Fax: 231-864-4300

Jeffrey Bair. President 231-970-2066 jeffbair4@gmail.com

Cindi McPherson Clerk 231-970-2066 bearlakeclerk@gmail.com

Sally King Treasurer 231-970-2066 bearlaketreasurer@gmail.com

Jacqueline Johnson Trustee 231-864-5030

Greg McPherson Trustee 231-970-2066

Ron Ronning Trustee 231-864-3656

[Note 2 Trustees were replaced mid term and their replacement’s contact information is not available for Andrea Ware or Marla Evans]

As previously noted the Village has not, to date, published an updated Water Ordinance. Bear Lake News has requested a current draft.

Featured

State of Michigan proposed revised lead/copper rule

http://michiganradio.org/post/mdeq-releases-watered-down-lead-and-copper-standard

May 11, 2018:

“The Michigan Department of Environmental Quality updated its proposed lead and copper rule to allow utilities more flexibility in scheduling replacement of lead service lines. It also increased the lead action level from the original 10 parts per billion to 12 ppb. The federal action level is 15.

Under the initial proposal, lead service line replacement would be based on water testing results, and utilities would be required to replace those lines within 20 years. The revised rule requires replacement of all lead service lines regardless of tested lead levels, but allows utilities to incorporate the work into their regular maintenace schedules.

Randy Roost, principal planner of Water Operations for the Lansing Board of Water and Light, says that this allows utilities to take advantage of cost efficiencies, particularly when it comes to replacing lead lines to private homes.

However, the new proposed rule doesn’t resolve confusion over who will pay to replace those privately owned lines. “The only mechanism we have for generating revenues to pay for that is through our rates, which means some customers are paying for another customer’s lead service line replacement,” says Roost.

According to Roost, public funds can’t be used to pay for private infrastructure.”

https://www.michigan.gov/documents/deq/deq-tou-dwmad-LeadCopperRuleRequirements_606928_7.pdf

Featured

Village of Bear Lake 2018 Meeting Dates

As the Village web site is showing the 2017 Meeting dates:

Village of Bear Lake Regular Meetings are held on
the 3rd Wednesday of the Month, beginning at 7:00pm.

Conference Call-In to listen to monthly council meetings can be done by calling 1.302.202.1107, Conference code 149002.  Note:  a charge from your phone carrier could apply – we suggest using Google or Skype to avoid charges

The following was received January 13, 2018 PROPOSED COUNCIL MEETING DATES FOR 2018 (1)

PROPOSED COUNCIL MEETING DATES FOR 2018
Third Wednesday of each month – with the exception of when the 3rd Wednesday may fall on or close to a holiday.
January 17
February 21
March 21
April 18
May 16
June 20
July 18
August 15
September 19
October 17
November 21
▪ Change to November 14 due to Thanksgiving on November 22
▪ Elections November 6
December 19

A reader has asked what the procedure is for changing a scheduled Meeting date. Here is the Michigan Municipal League Guidance Document

FS OMA Posting Requirements [pdf]

Introduction

The Michigan Open Meetings Act (OMA) requires meetings of a public body to be open to the public and held in a place available to the general public. Notice of regular meetings shall be posted within ten days after the first meeting in each calendar or fiscal year, and notice of special meetings shall be posted at least 18 hours before the meeting. In addition, the OMA allows for public bodies to hold emergency meetings. Public notices must contain the name of the public body to which the notice applies, its telephone number, and its address. PA 528 of 2012 amended the OMA with the intent to create more transparency in the event a public body has to hold an emergency meeting that does not comply with the 18-hour notice requirement of the OMA. This new Act contains additional new posting requirements for public bodies: public bodies are now required to post notices in a “prominent and conspicuous place” on their official websites.

New requirements for rescheduled regular meetings or special meetings

If a public body reschedules a regular meeting or holds a special meeting, a public notice stating the date, time, and place of the meeting shall be posted at least 18 hours before the meeting in a prominent and conspicuous place at:

• both the public body’s principal office and,

• if the public body directly or indirectly maintains an official website that includes monthly or more frequent updates of public meeting agendas or minutes, on a portion of the website that is fully accessible to the public. The public notice on the website shall be included on either the homepage or on a separate webpage dedicated to public notices for special meetings and accessible via a prominent and conspicuous link on the website’s homepage that clearly describes its purpose for public notification of those special meetings.

New requirements for emergency meetings

A public body may meet in emergency session in the event of a severe and imminent threat to the health, safety, or welfare of the public when 2/3 of the members serving on the body decide that delay would be detrimental to efforts to lessen or respond to the threat. However, if a public body holds an emergency public meeting that does not comply with the 18-hour posted notice requirement, it shall make paper copies of the public notice for the emergency meeting available to the public at that meeting. The notice shall include:

• an explanation of the reasons that the public body cannot comply with the 18-hour posted notice requirement.

o The explanation shall be specific to the circumstances that necessitated the emergency public

meeting, and the use of generalized explanations such as “an imminent threat to the health of the

public” or “a danger to public welfare and safety” does not meet the explanation requirements of this

subsection.

• If the public body directly or indirectly maintains a website that includes monthly or more frequent updates of public meeting agendas or minutes, it shall post the public notice of the emergency meeting and its explanation on its website in the manner described for an internet posting above.

• Within 48 hours after the emergency public meeting, the public body shall send official correspondence to the board of county commissioners of the county in which the public body is principally located, informing the commission that an emergency public meeting with less than 18 hours’ public notice has taken place.

o The correspondence shall also include the public notice of the meeting with explanation and shall be sent by either the U.S. postal service or electronic mail.

Compliance with the notice requirements for emergency meetings shall not be construed to create a legal basis or defense for failure to comply with other provisions of the OMA and does not relieve the public body from the duty to comply with any provision of the Act.

Michigan Municipal League  September 2016

Featured

Village of Bear Lake: Financial Position

Bear Lake News was requested to submit a 6 month FOIA Subscription to receive Regular and Special Meeting notices and all documentation provided to any Council member or public attending in person. This was approved in November, 2017:

Under MI Freedom of Information Act (Public Act No. 442 of 1976 as amended)

We hereby submit this 6 month subscription request for the following documents. 
  • To be received via electronic mail. 
  • In advance of all Village Council, Planning, Two Lakes Sewer Authority meetings.
  • a) Agendas
  • b) Draft Minutes within 8 business days ( as per OMA)
  • c) Approved Minutes within 5 business days of approval (as per OMA)
  • d) All finance documents referenced in those Minutes
  • e) All spreadsheets referenced in the Minutes when the FY Operating Budget has been amended
  • f) All Special or Public Meeting Notices in no less than the notice required by law.
Said documents are required to be produced for all Village Meetings and therefore do not meet the additional labor charge time period.
To attach said documents to an email has been timed at 90 seconds.
We look forward to the Village’s compliance with their stated intent of open and transparent government. Perhaps a simpler solution would be a link to where a full meeting packet may be located on the Village web site?
Bear Lake News Media Service.

On Tue, Nov 14, 2017 at 1:47 PM, Bryan E. Graham
wrote:

Dear Cindi:

I have reviewed the FOIA from the Bear Lake News.  With the exception noted below, all of the requested public records must be provided in
electronic format and in advance of all Village Council and village planning commission meetings.

On January 8, 2018 we amended our request:

Any document presented for review or discussion at any Village Council Regular, Special or Planning Commission meeting.
As previously noted – such documents have already been created for the Council and meeting attendees to view – we are requesting these be made available as either .doc, .xls or PDF format and supplied via email or GoogleDrive in advance of said meetings to allow residents time to review and comment please?

Again, as we have done on many prior occasions, we would highly recommend the Village post all Meeting packets to it’s own web site to avoid
duplication of such FOIA requests.
Bear Lake News.

Items not received:

  • FY 2017-18 Year End final itemized spreadsheet for Profit and Loss by fund and line item.
  • March 28, 2018 Council meeting itemized spreadsheet for Profit and Loss by fund and line item. [our volunteer resident was unable to attend to pick up a copy in person. If any Village resident would agree to attend one meeting a year please contact us by replying to this post?]
  • A $50 fee was requested of a resident asking to receive copies of the 2017 W3, W2s and 1099 Misc – approximately 22-26 single sheets. A request to receive a redacted pdf copy as these were prepared by a contracted CPA ($400) for submission to federal and state tax entities was refused as taking 10 days to comply. In using the Village’s own lengthy FOIA fee schedule – a fee of $2.50 plus postage was offered and declined by the Village. current_foia_detailed_cost_form_1-24-17[pdf]
  • A request to see the actual application and cost sheets for the proposed Hopkins Park kayak launch/pier project has not received a response. From the corrected Public Hearing announcement and Minutes [ Unapproved Public Hearing Kayak Canoe Lauch March 28 2018 ] it appears this no longer a joint Township/Village Project and states “The grant will cover 74% of the project and 26% will come from other donations. The project will be 100% covered with minimal cost to village.”
  • A February 13, 2018 request to see the final details concerning the now confirmed loan from USDA to construct a new Maintenance Building was not complied with.
  • On April 5 the following was received:
  • The status of a 30 year USDA loan application for construction – I assuming you are referencing the DPW building?  Loan has been approved and bids will begin but there has been nothing set/annouced on the bids.
    2. The status of a USDA partial grant for a vehicle purchase – We received the grant money for it.[NOTE: we have not seen this amount noted in the Minutes or which Fund the grant receipt was placed in]
  • On April 6, 2016 the following was sent:
  • As I was one of the individuals who submitted the FOIA request for information about the USDA Loan for the DPW Building I would like to ask again for a copy of the proposal and the USDA Letter of Commitment spelling out the loan agreement. No information has been provided to the public on the final cost, the interest rate, the repayment terms or the loan term itself. In the unapproved March 218 Minutes :
    Motion to sign the Resolution to Purchase, Acquire and Construct Capital Improvements and to Publish Notice of Intent to Issue Municipal Securities by
    McPherson, seconded by Ronning. Motion Carried.
    Aye: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
    Nay: None
    Absent: None
    Motion to authorize treasurer to open additional dedicated bank accounts for the payment & repayment of funds for construction, DPW building & USDA projects as needed by Evans, seconded by McPherson. Motion Carried.
    Aye: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
    Nay: None
    Absent: None
    I am asking that the financial information related to this loan be included in corrected Minutes for March 2018.
  • On April 11 the following was received:
  • The village was awarded this and was sent a letter of conditions for the DPW building on March 21, 2018 from USDA.  An ad was placed in the News Advocate on April 2, 2018, Notice of intent to issue municipal securities to the electors of the village of Bear Lake.
    There is no final cost as that will be determined when the project is finished.  The loan can not exceed $328,000.00.  The repayment schedule will be established for 30 years from the date of closing at 3 1/2%.
  • To date this information has not been posted at bearlakemichigan.org

Featured

DRAFT Village of Bear Lake Water Ordinance

As the Village of Bear Lake has now committed to a $1.43m loan toward construction of 2 new drinking water wells plus extensive construction on the water distribution system (which includes for the first time water meters) – it has been considering changes to the existing Water Ordinances.

  1. https://bearlakemichigan49614.com/ordinances/ordinance-no-2001-01/
  2. https://bearlakemichigan49614.com/ordinances/ordinance-no-2001-2/
  3. https://bearlakemichigan49614.com/ordinances/ordinance-2012-1/
  4. https://bearlakemichigan49614.com/ordinances/ordinance-no-2003-04/
  5. https://bearlakemichigan49614.com/ordinances/ordinance-2015-2-prohibition-of-use-of-groundwater/

This DRAFT was discussed and tabled for the second time at the February 27, 2018 Special Meeting. [A copy has been provided to Bear Lake News by an attendee. A standing FOIA requests copies of such meeting documents prior to all Village of Bear Lake meetings.]

VILLAGE OF BEAR LAKE
WATER ORDINANCE
Ordinance No. __________of 2018
THE VILLAGE OF BEAR LAKE ORDAINS:
ARTICLE I
DEFINITIONS
Section 1 – Definitions: As use in this Ordinance,
Building Pipemeans that part of the owners plumbing system which receives water from the service pipe, beginning at the owner’s property line.
Corporation stopcockmeans a shut-off valve installed in the water main immediately preceding where a service pipe connects to the water main.
Debt Servicemeans the interest and principal payments required to repay monies borrowed to construct the waterworks system.
Meteror Water Metermeans an instrument that automatically measures and registers the quantity of water consumed on a parcel of land served by the waterworks system.
Owner” means the person holding the legal or equitable title to real property or a lesser estate therein, a mortgagee or vendee in possession, an assignee of rents, receiverexecutor, trustee, lessee or any other person, firm or corporation directly or indirectly in control of a building, structure or real property or his duly authorized agent.
Personmeans any individual, firm , trust, partnership, company, association, societycorporation, limited liability company, or other legal entity.
Service Areameans any land in and around the Village which is serviced by the waterworks system.
Service Pipemeans the pipe delivering water from the water main to the building pipe.
‘Tenantmeans a person who leases property from an owner.
Villagemeans the Village of Bear Lake, Michigan.
Village Clerkmeans the Clerk for the Village of Bear Lake.
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“Water Main” means a pipe owned or controlled by the Village located within a street right-of-way or other public easement used to carry water within the waterworks system to the service pipe for delivery to the water customer.
“Water Use Chargemeans the fees billed to all customers attached to the waterworks system for support of the costs of the waterworks system. The water use charges supply funds to cover the costs of operation and maintenance, debt servicereplacement and administrative services.
Waterworks System” means all wells, pumps, facilities, water mains, service pipes, and other equipment owned by or under the jurisdiction of the Village for the collection, storage, purification, and distribution of water.
ARTICLE II
USE OF WATERWORKS REQUIRED
Section 1 – Private Water Wells Prohibited:
Except as hereinafter provided, it shall be unlawful for an owner, occupant, or tenant of property to drill or maintain a private water well within the Village.
Section 2 – Mandatory Connection:
(a). The owner of any house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the Village and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a water main is hereby required at his or her expense to install suitable plumbing facilities therein, in accordance with the plumbing code then in effect and enforced within the Village and to connect such facilities directly with the waterworks system in accordance with the provisions of this Ordinance within ninety (90) days after the owner is required by the Manistee County Public Health Department to replace the water well servicing his or her property.
(b). Said notification and enforcement of this Section shall be in conformity with Article 12, Part 127 of the Public Health Code, being a part of Act 368 of the Public Acts of 1978.
ARTICLE III
CONNECTION TO WATERWORKS SYSTEM
Section 1 – Unlawful Procedure:
It shall be unlawful for any unauthorized person or owner to uncover, excavate, tap into, make connections with or openings into, usealter, or disturb any water main or service pipe or appurtenance thereof in any street,
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lane, or alley within the service area without first obtaining a written permit from the Village as herein provided.
Section 2 Authorization:
All connections with any water main or service pipe in the
service area shall be made only pursuant to written permits issued by the Village. The owner or his agent shall make application on a special form furnished by the Village Clerk. The Village Council may by separate resolution provide for permit and inspection fees which shall be paid to the Village Clerk at the time the application is filed.
Section 3 – Costs:
All costs and expenses incurred as the result of the connection to
the service pipe shall be borne by the owner of the property. The owner shall indemnify the Village from all loss or damage that may be caused by connection to the service pipe.
Section 4 – Plans and Specifications:
(a). All applicants for permits to connect to the waterworks system shall, when required, submit plans indicating where the building pipe will extend from the building receiving water service to where it will connect to the service pipe. The approval of a connection perm it shall be contingent upon the availability of capacity in the waterworks system. When such plans have been approved by the Water Supervisor, the Village Clerk shall issue a waterworks connection permit, subject to final inspection and approval when construction is completed.
(b). Before the issuance of a waterworks connection permit, the Water Supervisor may require the applicant to submit a schedule for the construction of the waterworks connection outlining when various components of the project will be completed. If the Water Supervisor requires such a construction schedule, the
timetables outlined in the schedule shall be maintained as a condition of the continued validity of the permit, unless extensions are granted in writing by the Water Supervisor for good cause shown.
(c). Final approval shall be subject to compliance with the local and state plumbing codes and all orders, rules and regulations of the Manistee County and Michigan Departments of Public Health.
Section 5 – Connection Requirements:
(a). All connections to a water main shall be made with service pipes either installed by employees of the Village Water Department or by a contractor hired by the owner with the written consent of the Water Supervisor. Any service pipe
installed by a contractor authorized under this section shall be laid under the direction and supervision of the Water Supervisor. All work for the purpose of making connections to a water main shall be done in compliance with the rules,
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regulations and codes governing plumbing in the Village and in accordance with the laws of Michigan relative thereto.
(b). The cost of all service pipes three-fourths (3/4″) inch in diameter or less shall be borne by the Village. If an owner desires a service pipe larger than three-fourth (3/4″) inch in diameter, the owner shall pay the Village the difference in actual costs to install the larger service pipe and associated equipment.
(c). A separate and independent service pipe shall be provided for every building receiving water service; provided, however, where water service is intended to supply more than one building under the same ownership and on the same lot, the service pipe to one building may be used to provide water service to the other building(s) and the whole considered as one connection.
(d). The size, slope, alignment, and materials of construction for a service pipe, and the methods to be used in excavating the trench, placing, jointing, and testing the pipe, and backfilling the trench shall all conform to the requirements of this Ordinance and the local and the state plumbing codes.
Section 6 – Cross Connections Prohibited:
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, in effect at the time this Ordinance is enacted are hereby adopted by reference.
Section 7 – Installation of Meters Required:
All new buildings connected to the waterworks system shall be equipped with meters installed inside the building, but capable of being read by employees of the Village Water Department from outside the building. However, where employees of the Village Water Department have been unable to make a meter reading for two consecutive billing periods, the Village shall have the right to access the property under Article IX, Section 3 of this Ordinance to read the meter, or to install a meter capable of being read by employees of the Village Water Department from outside the building and to charge the owner of the property the actual cost incurred in installing the meter. All meters installed shall be purchased from the Village at a cost to be established by resolution of the Village Council.
Section 8 – Connections for Purpose of Fire Prevention:
The owner or occupant of any manufacturing establishment, lumberyard, warehouse, elevator, store, hotel, school, or any public building desiring to install large pipes with hydrant and hose couplings to be used only in case of fire may connect to a water main under the terms and conditions of this Article and after obtaining a permit from the Village Clerk.
Section 9 – Inspection:
When an authorized contractor installs the service pipe under
Section 5(a), the person to whom a waterworks connection permit was issued shall notify the Village Clerk when the service pipe is ready for inspection. In addition, the person to whom a waterworks connection permit was issued shall notify the Village
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Clerk when the installed water meter is ready for inspection. The Water Supervisor shall then inspect the service pipe and/or water meter and if such installations meet the requirements of this Ordinance, the excavation may be backfilled.
Section 10 New Use of Existing Service Pipes:
Existing service pipes may be used in connection with new buildings only when they are found, by the Water Supervisor to
meet all requirements of this Ordinance.
Section 11 – Maintenance:
The owner of property connected to the waterworks system is responsible for the maintenance of the building pipe. The cost of all repairs, maintenance and replacements of existing building pipes and their connection to the service pipes shall be borne by the property owner. Before making any repairs or replacements or conducting any maintenance on the building pipe, the owner shall contact the Water Supervisor. All work performed, including the qualifications of the person performing the work, shall fully comply with the requirements of this Ordinance.
Section 12 – Excavation in Public Streets and Alleys:
(a). Whenever a person desires to do any excavating in any of the streets, lanes or alleys of the service area for the purpose of connecting to the waterworks system, a permit for such excavation shall be obtained from the Village Clerk.
The Village Council may from time to time by separate resolution establish a non-refundable administrative fee for processing the excavation permit. The permit shall be non-transferrable. The person employed to make the connection to the waterworks system shall hold a plumbing license in accordance with state
and local codes. The qualifications of the persons employed to do work shall be verified at the time of application. A person who is authorized to excavate pursuant to the permit shall furnish a bond to the Village in an amount acceptable to the Village Council taking into account the nature and extent of the
excavation and in a form acceptable to the Village Attorney, conditioned on the faithful performance of the requirements of all the Village ordinances relative thereto.
(b). All expenses for work done by the employees of the Village Water Department shall be borne by the person to whom the excavation permit is issued.
Applications for excavations in paved streets shall state the maximum size of the opening to be made in the pavement and the length of time desired to do such work.
Section 13 – Backfill Requirements:
When connections to the waterworks system are made in any street or alley, the earth and other debris excavated for this purpose shall be removed from the street or alley and the trench backfilled with sand or gravel in layers not to exceed eight inches in thickness. Each layer shall be thoroughly and solidly packed in place. The backfill shall be finished to the same grade as the original surface. Where the existing roadway is cindered or graveled, the final eight inches of
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the backfill shall be made with gravel. Where the existing roadway is paved, the person charged with the duty of backfilling shall re-pave the trench to the same grade as the original pavement under the supervision of the Water Supervisor no less than thirty (30) days and no more than sixty (60) days after the backfill is placed. The person charged with the duty of constructing or installing said underground work and backfilling shall be required to make frequent inspections of all trenches for which they are responsible and to maintain the same as herein provided. In case of failure to maintain trenches and backfill in such condition, the Village is authorized by this Ordinance to make the necessary repairs and charge the total cost against the person responsible for the same. For the purpose of the sand or gravel backfill as required herein, the excavated material shall not be used except after securing written permission from the Water Supervisor.
Section 14 – Time Limit on Open Trench:
The person, or owner causing any excavation or trench to be made in any public street or alley in the service area shall be required to backfill and replace the trench as herein provided within a period of three (3) days, after the work of excavating has been started, unless written permission is granted by the Water Supervisor to allow the trench to be open for a longer period of time. In case of the failure to promptly refill any trenches within a period of three (3) days, the Village shall have the right to cause the same to be refilled, and the expense shall be charged against the person, or owner responsible for backfilling.
Section 15 – Barricade Requirements:
Every person digging or causing to be dug any trench in any public street or alley, for the purpose of connecting to the waterworks system shall place or cause to be placed and maintained at and along such trench, proper signals, colored lights and barricades to give warning and prevent accidents, but
in no case shall a trench be dug so as to entirely block any street for travel, without the consent of the Water Supervisor. All barricading shall be done in accordance with the Manistee County Road Commission requirements. In case of the failure to properly barricade or light such excavations or trenches, the Village is authorized to cause the same to be lighted or barricaded and the expense thereof shall be charged against the
person responsible for the opening. It shall not be necessary for the Village to notify the person responsible for such trenches in public streets or alleys, before undertaking any such work which is necessary for the safety and convenience of the public. The
failure on the part of persons installing such trenches to promptly pay all bills incurred by the Village doing such work shall be grounds for refusing to issue further permits for excavations in the streets.
Section 16 – Work on Private Property:
Excavation and backfill for service pipes on private property may be made by the owner. Connections to and installation of service
pipes on private property may be made by the owner; however, no backfill shall be placed until the service pipe has been inspected and approved by the Water Supervisor. All excavation, backfilling, connections and installations shall be made in
accordance with the requirements of this Article.
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Section 17 – Permit Information:
The Village Clerk and the Water Supervisor shall keep records of all permits granted under authority of this Ordinance which shall include the names of the applicant and contractor, the location of the work, the place in the street where the excavation is to be made, and the purpose for which the permit is issued.
Section 18 – Village Water Service Outside Village Limits:
The owner of property located outside the Village limits may connect to the Village waterworks system only if authorized by the Village Council and if permission is granted by the township in which the property is located. No property outside the Village limits has the right to connect to the Village waterworks system even if other nearby property is being serviced by the waterworks system. The Village may, but is not obligated to require property outside the Village limits to either annex to the Village or be subject to an agreement under Act 425 of 1984, as amended, or a similar statute, before connecting to the Village waterworks system.
ARTICLE IV
WATER USE REGULATIONS
Section 1 – Water Use Restrictions:
The owner, occupant, or tenant of any building or premises entitled to the use of water from the waterworks system shall not supply water to any other person except upon written permission of the Village Clerk, nor shall he or she permit unnecessary waste of water.
Section 2 – Conservation During Emergency or Drought: Whenever in the discretion of the Water Supervisor an emergency or drought condition exists such that the public health, safety and general welfare of the people is endangered, the Water Supervisor shall prescribe rules and regulations to conserve the water supply during such emergency or drought condition.
ARTICLE V
EXTENSION OF WATER MAINS
Section 1 – Application:
The owner of any property in the Village may connect to the
waterworks system pursuant to the provisions of this Article contingent upon the availability of capacity in the waterworks system. An owner who desires to connect to the waterworks system shall file an application for water service extension with the Village Clerk and pay a non-refundable fee to be established by resolution of the Village Council. This fee shall be used by the Village to obtain the initial cost estimates to construct the proposed water service extension. This fee shall be applied to the cost of the extension if actually constructed or retained by the Village if the applicant decides to abandon the plan for the extension.
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Section 2 – Water Service Extensions; Options; Standards:
When extending water service to an individual property owner or group of property owners, the Water Supervisor may extend such water service through use of a service pipe connection to an existing water main or through an extension of a water main. In exercising the discretion granted in this section, the Water Supervisor shall consider the following factors:
a. Whether other property in the surrounding area is capable of development in terms of topography, wetlands, and zoning ordinance requirements such that it is reasonable to anticipate that other connections to the waterworks system may be needed in the future.
b. Whether there is other property capable of development in terms of topography, wetlands, and zoning ordinance requirements beyond the property intended to be serviced by the requested water service extension such that it is reasonable to anticipate that an extended water main would be further extended to provide water service to that other property or
further extended to tie into the waterworks system at another location.
c. Whether the distance of the water service extension or the elevated terrain over which the extended water service must travel reasonably requires a water main.
d. Whether there is a need for fire protection through the installation of a fire hydrant in the area to be served by the water service extension.
Section 3 – Village Water Service Outside Village limits:
The owner of property located outside the Village limits may connect to the waterworks system only pursuant to the
requirements of Article III, Section 18 of this Ordinance.
Section 4 – Route of Water Service Extensions:
The route of any water service extension shall be within the rights-of-way of public streets and alleys or within public utility easements granted to and approved by the Village across private property. All excavation and other work performed within the rights-of-way of these public streets and alleys shall comply with the requirements of Article III of this Ordinance.
Section 5 – Cost of Water Service Extensions:
(a). As soon as possible after receiving the water service extension application fee required under Section 1 above, the Water Supervisor shall notify the property owner in writing how the water service extension will be provided and shall provide the property owner with a written estimate of the approximate cost of the water service extension. The property owner shall then have ninety (90) days to inform the Water Supervisor whether he or she desires to proceed with the water service extension and to pay the costs of the water service extension required
8
under subsections (b) or (c) below. If the property owner fails to inform the Water Supervisor regarding his or her intent within this ninety (90) day period, this inaction shall be deemed a decision to abandon the plans for a water service extension.
(b). If a water service extension is provided through use of a service pipe connection to an existing water main, the Village shall be responsible for the costs of providing a service pipe no more than sixty-six (66′) feet in length. The property owner requesting the extension shall be responsible for paying all costs of the water service extension beyond sixty-six (66′) feet. The property owner shall not be entitled to reimbursement of any of these costs. A water service extension through use of a service pipe connection to an existing water main shall comply with all requirements of Article III of this Ordinance.
(c). If a water service extension is provided through the extension of a water main, the property owner requesting the extension shall pay to the Village the amount of the estimated costs of the water main extension. Upon receipt of this payment, the Village shall begin and complete the water main extension as requested by the property owner. If the actual cost to extend the water main
exceeds the estimated costs paid, the property owner shall pay the Village the additional costs within thirty (30) days of receiving a written statement specifying those additional costs. If the actual cost to extend the water main is less than the estimated costs paid, the Village shall refund the difference to the property owner within thirty (30) days of the completion of the project. The property owner requesting the extension shall be entitled to reimbursement pursuant to Sections 7 and 8 below of a portion of the actual costs paid in extending the water main.
Section 6 – Special Assessments:
In certain instances the Village, by a majority vote of the entire Village Council, may elect to extend water mains and finance the project by use of a special assessment district. The charge to be assessed each property owner benefitted and served shall be calculated based on a formula as determined by the Village Council. The charge to each benefitted property owner shall be assessed at the time of project completion and shall be paid as specified by the Village. The charge shall bear interest at the rate of seven percent (7%) per annum, compounded annually, accruing from the date of project completion to the date of payment.
Section 7 – Additional Users:
(a). The owners of property located between a water main prior to any extension and the property to be initially serviced by the water main extension (including the property across the street, alley, or public utility easement within which the water main extension is located) may tap into or make use of the extended water main by paying to the Village Clerk a sewer extension fee equal to the proportionate share of the total cost of extending the water main plus any interest provided in
9
subsection (b) below. For purposes of this section, the proportionate share of the cost of extending the water main shall be calculated pursuant to the following formula:
[Actual Cost Paid Under § 5(c) .;- (Total Street Frontage of Other Property Capable of Development and Connection to the Extended Water Main*)] x
(Total Street Frontage of Parcel Connecting to the Extended Water Main)
* A property is deemed capable of development and connection to the extended water main if that property is capable of development in terms of topography, wetlands, and zoning ordinance requirements such that it is reasonable to anticipate that connections to the extended water main may be made in the future.
(b). The proportionate share of the cost of extending the water main shall be increased by seven (7%) percent per annum (compounded annually) commencing one (1) year after the actual cost paid under Section 5(c) above by the property owner who initially requested the water main extension; provided, however, that this increase shall not extend for a period of more than five (5) years.
Section 8 – Reimbursement to Original Property Owner:
Upon receipt of any payment under Section 7(a) above, the Village Clerk shall pay that amount forthwith to the property owner who paid the initial actual costs of the water main extension pursuant to Section 5(c) above. If the property owner who paid the initial costs of the water main extension is deceased, the payments received shall be paid to his or her personal representative or to other persons who by law would be entitled to inherit his or her estate as may be determined by a court of competent jurisdiction. If the property owner who paid the initial costs of the water main extension cannot be found, or if no claim is made for reimbursement for a period of one (1) year from the date that payments under Section 7(a) have been received by the Village Clerk, the reimbursement under this
section shall be deemed to have been waived and all monies so received shall be turned over and become a part of the Village water fund.
ARTICLE VI
CHARGES FOR WATER SERVICES
Section 1 – Public Utility:
(a). The operation and maintenance of the waterworks system shall be on a public utility basis in accordance with applicable federal regulations and the provisions of Act 94, Public Acts of Michigan, 1933, as amended.
10
Section 2 – User Charges – Purposes, Basis and Rates:
(a). The owners, occupants, or tenants, of all property connected to the waterworks system, either directly or indirectly, shall pay user charges beginning on the date of the connection.
(b). User charges will be established by resolution of the Village Council for the purpose of:
(1). Recovering the costs of operation, maintenance and replacement of the waterworks system;
(2). Partial debt repayment (debt service).
(c). User charges for water service furnished by the waterworks system shall be based on the quantity of water used as measured by meters installed on the property and shall be billed pursuant to Section 7 below per 1,000 gallons of water consumed above the amount allotted to each user. The minimum water bill per month shall be no less than the amount of the monthly ready to serve
charge as established by resolution of the Village Council.
Section 3 – Tap-in Fees and Charges:
In addition to user charges, the Village Council shall by separate resolution establish charges for the privilege of connecting to the
waterworks system. Such fees shall include the costs of all water meters and the costs of tapping the water main, installing the corporation stopcock, furnishing and laying the service pipe, and installing corporation stopcock and shutoff boxes. The charges,
however, shall exclude the costs of road cuts, sidewalks, and re-paving. The water meters and all such materials shall be and remain the property of the Village. Any services or connections performed between November 1 and May 1 each year shall be
subject to additional costs as may be determined by resolution of the Village Council.
Section 4 – Other Fees and Charges:
The Village Council shall by separate resolution establish the fees to be charged for water meters and other services performed under this Ordinance.
Section 5 – No free service:
No free water service shall be furnished to the Village, to any person, or to any public or private agency.
Section 6 – Review of Rates:
The adequacy of the user charges shall be reviewed annually by certified public accountants for the Village in their annual audit report. The user charges shall be revised periodically to reflect a change in debt service or a change in operation, maintenance and replacement costs in accordance with applicable federal regulations.
11
Section 7 – Bills:
Bills for user charges shall be rendered quarterly and shall be payable without penalty within ten (10) days after the date thereon. Payments received after such period shall bear a late fee as established by resolution of the Village Council.
Section 8 – Separate Waterworks Funds:
All funds of the waterworks system shall be kept separate from other funds of the Village, and an accurate, separate record shall be kept of all receipts to and disbursements from the waterworks fund.
ARTICLE VII
PROTECTION FROM DAMAGES
Section 1 – Prohibited Acts; Penalty:
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the waterworks system. Any person violating this provision shall be guilty of a misdemeanor punishable by ninety (90) days in the county jail and/or a fine of Five Hundred ($500.00) Dollars.
Section 2 – Damage to Water Meter; Liability:
Any damage to a water meter resulting from the failure of the owner, occupant, or tenant to properly protect that meter shall be assessed against such owner, occupant, or tenant. In addition, any person violating any of the provisions of this Ordinance shall be liable to the Village for any expenseloss, or damage incurred by the Village by reason of such violation.
ARTICLE VIII
PROTECTION OF POTABLE WATER SUPPLY
Section 1 – Prohibited Acts; Penalty:
No person shall introduce any chemical, biological, or other substance into the waterworks system with the intent to cause physical harm to any person or animal or with the intent to cause the water supply to be unfit for human or animal consumption under applicable state and/or federal safe drinking water standards. Any person violating this provision shall be guilty of a misdemeanor punishable by ninety (90) days in the county jail and/or a fine of Five Hundred ($500.00) Dollars.
Section 2 – Monitoring of Water Quality; Corrective Action:
The Village Water Department shall regularly monitor and test the water within the waterworks system for the purpose of detecting water contamination and to ensure that the water continues to meet all applicable state and federal safe drinking water standards. If water contamination is detected, the Water Supervisor shall take whatever action is necessary and proper to protect the health, safety and general welfare of the public, including but not limited to, issuing public warnings and directives concerning the safety of the drinking water, flushing the waterworks system to rid the system of the contamination,
and/or introducing chlorine or other substances into the waterworks system in full
12
compliance with all applicable state and federal regulation to eliminate the contamination.
ARTICLE IX
ENFORCEMENT
Section 1 – Enforcement:
(a). The charges and rates for water services authorized under the provisions of Section 21 of Act 94 of the Public Acts of 1933, as amended, shall constitute a lien on all premises served thereby whenever any such charges or rates shall be delinquent for six (6) months or more, unless notice is given that a tenant is responsible for the payment of all such charges and rates. On April 1st of each year, the Village Clerk shall certify to the tax assessing officers for the Villagethe fact of such delinquency, whereupon such delinquent charges and rates shall be entered upon the next tax roll as charges against such premises and shall be collected and the lien thereof enforced in the same manner as general taxes against such premises; provided, however, where notice is given that a tenant is responsible for such charges and service as provided by Section 21 of Act 94 of the Public Acts of 1933, as amended, no further service shall be rendered to such premises until a cash deposit in an amount established by the Village Council shall have been made as security for payment of such charges and service.
(b). In addition, the Village shall have the right to shut off water service to any user for whom charges for water service are two (2) payments delinquent or when any connection is found to be in violation of any provision of this Ordinance. Before shutting off water service, the Village Clerk shall send written notice by first class mail of the Village’s intent to terminate water service to the owner of the premises served or to the tenant in possession where a notice is given that the tenant is responsible for such charges and service. If water service is shut off pursuant to this section, such service shall not be reestablished until all delinquent charges and penalties and a turn-on charge, to be specified by resolution of the Village Council, have been paid or the unlawful connection is eliminated. Further, such charges and penalties may be recovered by the Village by court action.
Section 2 – Disruption of Water Service; Village not Liable:
The Village shall not be liable for any failure or deficiency in the water supply to consumers whether occasioned by shutting off the water to make necessary repairs or connections or for any other cause.
Section 3 – Access to Property:
Authorized employees of the Village Water Department
shall have the right to enter at all reasonable hours upon any property connected to the waterworks system for the purpose of reading water meters and inspecting the piping and fixtures connected with the waterworks system. Village representatives may
13
exercise this right to inspection by consent of the person having the right to possession of the building or structure or any part thereof, or by administrative search warrant. If defective pipes or fixtures are noted or illegal cross connections observed, the owner or occupant of the property shall repair, remove or replace the defective pipes or fixtures or disconnect the illegal cross connection. Any person refusing or neglecting to take such action, shall be deemed in violation of this Ordinance.
Section 4 – Violations; Penalties:
Except as provided in Article VII , Section 1 and Article VIII, Section 1, any person who violates any provision of this Ordinance shall be responsible for a municipal civil infraction as defined in Public Act 12 of 1994, amending Public Act 236 of 1961, being Sections 600.101-600.9939 of Michigan Compiled Laws, and shall be subject to a fine of not more than Five Hundred and 00/100 ($500.00) Dollars. Each day in which any such violation shall continue shall be deemed a separate offense. The Village President and other persons designated by the Village Council are hereby designated as an authorized Village officials to issue municipal civil infraction citations directing alleged violators of this Ordinance to appear in court. In addition, the Village shall have the right to bring a civil lawsuit to enforce the provisions of this Ordinance, including an action for injunctive relief to enjoin continued violations of the Ordinance.
ARTICLE X
MISCELLANEOUS PROVISIONS
Section 1 – Repeal of Prior Water Ordinances:
All prior water ordinances enacted by the Village and all amendments or those prior ordinances are hereby repealed in their entirety.
Section 2 – Severability:
If any section, provision or clause of this Ordinance or the
application thereof to any person or circumstance is held invalid, such invalidity shall not effect any remaining portions or application of this Ordinance which can be given effect without the invalid portion or application.
Section 3 – Effective Date:
This Ordinance shall become effective twenty (20) days after
its enactment.
Ordinance No. __ was adopted on the day of ________ _
2018, by the Bear Lake Village Council as follows:
Motion by:
Seconded by:
Featured

HOUSE BILL No. 5397

http://www.legislature.mi.gov/documents/2017-2018/billintroduced/House/pdf/2018-HIB-5397.pdf

http://legislature.mi.gov/doc.aspx?2018-HB-5397

January 11, 2018, Introduced by Rep. Lucido and referred to the Committee on Appropriations.

A bill to prohibit expenditure of state and local funds on the settlement of certain claims and actions or on certain judgments.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. As used in this act:

(a) “Local unit of government” means a city, village, township, or county.

(b) “Public entity” means this state or an agency or authority of this state or a local unit of government.

(c) “Public funds” means both of the following:

(i) Funds drawn from the state treasury or other fund of this state.

(ii) Funds drawn from revenue collected or imposed by a local unit of government.

(d) “Public official” means an individual who holds an elective or appointive office of a public entity.

Sec. 3. (1) A public entity shall not make an expenditure of public funds to settle a claim or action or pay a court-ordered judgment involving the gross negligence, intentional misconduct, or criminal conduct of a public official.

(2) If a court finds that a public official was grossly negligent or engaged in intentional misconduct, or the public official is convicted of a crime, the public official shall, within 30 days after the finding or conviction becomes final, reimburse a public entity for any public funds the public entity expended in the defense of the public official.

Enacting section 1. This act takes effect 90 days after the date it is enacted into law.

 

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Top 5 Reasons People Say They Don’t Trust Local Government

“A democracy is only as strong as its citizen engagement. For a government of the people, by the people and for the people to work, its citizens must have a clear voice in the issues and decision making. And, governments must be able to clearly and transparently tell their stories in ways that make sense to the public.

In this free eBook, you’ll see how the advent of the digital age is changing the ways governments create and earn trust from their constituents. You’ll discover how online citizen engagement is paving the way to more effective and accountable governing, as well as the pitfalls and best practices of using online citizen engagement methods to achieve that goal.”

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“Citizen engagement is a sacred responsibility in a democracy and the underlying roots that uphold the future of a democratic society.

Introduction

A democracy is only as strong as its citizen engagement.

For a government of the people, by the people and for the people to work, its citizens must have a clear voice in the issues and decision making. And, governments must be able to clearly and transparently tell their stories in ways that make sense to the public.

This is true from federal to state to county to municipality to special district governments. As an elected or appointed government leader, you hold the public’s sacred trust. However, the public’s trust in government is difficult to maintain and always must be earned by those who represent them.

In this ebook, we explore citizen (civic) engagement and how the advent of the digital age is changing the ways governments create and earn trust from their constituents. We will explore how online citizen engagement is paving the way to more effective and accountable governing, as well as the pitfalls and best practices of using online citizen engagement methods to achieve that goal.”

Download this free guide

Source:Citizen engagement best practices to build community trust.
Smart Brief – Local Government (a service of ICMA- International City/County Management Association.
Download the complete Administrator’s Primer to Citizen Engagement today to see how you can save your staff time, better allocate resources, and create the future of a sustainable democracy and healthy community.

https://icma.org/who-we-are

 

Village of Bear Lake Meeting Documents July 18, 2018

The following documents were received today.

Proposed July 18 2018 agenda

Purchasing Policy

July 18, 2018

T Report June 29, 2018

AGENDA

Village of Bear Lake Council Meeting

July 18, 2018

7 p.m. – Village Office

CALL TO ORDER and PLEDGE OF ALLEGIANCE

ROLL CALL ADOPTION of AGENDA

  • Additions

PUBLIC COMMENT: Any agenda item ONLY (two (2)-minute maximum) 

  • Joyce Valentine – Manistee County Millage renewal

Note: Members of the public will speak only when recognized by the chair person.

CORRESPONDENCE: 

REPORTS/DISCUSSION

MINUTES APPROVAL: 

  • June 20, 2018 Regular monthly meeting   

DPW BUILDING INFORMATION – Pat Bentley from Spicer Group

VILLAGE MAINTENANCE REPORT:

TREASURER’S REPORT:

  • Acceptance of Treasurer’s Report
  • Amendments:

BILLS to be PAID:

REIMBURSEMENTS: [see below]

COMMITTEE CHAIR REPORTS:

PARK: 

  • Park Manager Report – Jeff Bair
  • Swim Safety items purchase?
  • Hopkins Park Sign – President Bair
  • Kayak/Canoe Project – President Bair

STREETS, TREES, SIGNS, LIGHTS, SIDEWALKS:   

WATER: 

  • Water Well update – President Bair
  • Draw
  • Water Ordinance update – President Bair & Council member Evans

BUILDINGS, GROUNDS AND EQUIPMENT:

  • DPW Building – addressed above

BLIGHT/CABA:

  • CABA :  Rick Farfsing
  • Blight Enforcement Officer report: Gibson

COUNTY COMMISSIONER REPORT: Pauline Jaquish

MANISTEE COUNTY TRAIL COMMITTEE REPORT:  Council member McPherson

BEAR LAKE IMPROVEMENT BOARD REPORT: Council member McPherson

TWO LAKES SEWER REPORT: Jeff Bair

PLANNING COMMISSION REPORT: Barb Farfsing

  • Redevelopment Ready Community – update
  • Available village properties

AD HOC COMMITTEE: Policy, Resolution & Ordinance Committee – Clerk McPherson

OLD BUSINESS: 

  • Sample ballot for the appointment of Clerk & treasurer has been approved and DPW Building
  • Community Clean-Up Day – over view
  • Committee member assignment
    • Approval to change  Maintenance Superintendent to DPW Superintendent

NEW BUSINESS:

  • Purchasing Policy

PUBLIC COMMENT: General Time – Any Village-related item (two (2)-minute maximum) Note: Members of the public will speak only when recognized by the chair person.

Items on agenda or not listed

UPCOMING EVENTS and ANNOUCEMENTS:

ADJOURNMENT     

REIMBURSEMENTS to the EQUIPMENT FUND and WAGE TRANSFER TO GENERAL FUND:

June 2018