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Village of Bear Lake meets tonight 4/18 at 7 PM

This Agenda was received but none of the requested meeting or financial documents.

Proposed AGENDA Village of Bear Lake Council Meeting

April 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)
•Note: Members of the public will speak only when recognized by the chair person.
CORRESPONDENCE:

REPORTS/DISCUSSION
MINUTES APPROVAL:
• March 28, 2018 Public Hearing Kayak/Canoe Launch
• March 28, 2018 Regular monthly meeting
VILLAGE MAINTENANCE REPORT:
TREASURER’S REPORT:
• Acceptance of Treasurer’s Report
• Amendments:
BILLS to be PAID:
REIMBURSEMENTS to the GENERAL FUND:
COMMITTEE CHAIR REPORTS:
PARK:
• Park Manager Report
• Kayak/Canoe
STREETS, TREES, SIGNS, LIGHTS, SIDEWALKS:
WATER:
• Water Well update

o Ken Mlcek – document approval
• Water Ordinance update – Jeff & Marla
• Maintenance Building update
BLIGHT/CABA:
• CABA :
• Blight Enforcement Officer report:
COUNTY COMMISSIONER REPORT:
MANISTEE COUNTY TRAIL COMMITTEE REPORT:
BEAR LAKE IMPROVEMENT BOARD REPORT: No report, no meeting
TWO LAKES SEWER REPORT: No report, no meeting
PLANNING COMMISSION REPORT: Annual report
AD HOC COMMITTEE: Policy, Resolution & Ordinance Committee – Clerk McPherson:
OLD BUSINESS:
• Clerk & Treasurer appointment – August ballot

o Resolution needed for the ballot language of appointment of clerk & treasurer
for August ballot
• Community Clean-Up Day – update
o Meijer gift card – Jeff

NEW BUSINESS:

• Resolution for Redevelopment Ready Community

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 GENERAL FUND:
March 2018

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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

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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.

(refer to: https://www.mikameyers.com/news/article/foia-update-the-question-returns-by-what-date-must-a-foia-request-be-fulfilled )

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

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Village of Bear Lake: March 28, 2018 DRAFT Minutes

The following were received on April 5, 2018.
Unapproved Minutes March 28 2018 Reg meeting

Village of Bear Lake Council
REGULAR MEETING. March 28, 2018
Bear Lake Village Hall

Unapproved Minutes

The regular meeting of the Bear Lake Village Council was called to order by President Jeff Bair at 7:08 p.m. at the Village Hall. Pledge of Allegiance was said.

Present: President: Jeff Bair Council: Peggy Bass, Marla Evans, Jackie Johnson, Greg McPherson, Ron Ronning & Andrea Ware
Treasurer: Sally King, Clerk: Cindi McPherson, Staff: Jared Bair and Larry Gibson
Absent: None
Guests: Five (5) guests

Motion to Adopt the Agenda with additions by Evans and seconded by McPherson, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: Johnson

Additions: Under Water: motion for 1 or 2 new bank accounts for Water System Project & DPW Building. Planning Commission: Natalie Ware introduction

Public Comment:

None

Correspondence: Read by clerk:

Letter from Curtis VanderWall, Michigan House of Representative, stated Village of Bear Lake will receive $2,818.60 for road repairs & improvements. Money comes from passed House Bill 4321, Michigan Legislature. No money received at this time.
Letter from Manistee County, Jim Espvik, Manistee County 911 Director, stating; Manistee County Board of Commissioners is expected to adopt a resolution to amend & reinstate 911 Service Plan. It is out of date and no longer in compliance with state law.

REPORTS:

Motion to accept the minutes from February 21, 2018 Public Hearing Proposed Budget 2018-2019 by Bass, seconded by Ronning. Motion Carried.
Aye: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nay: None
Absent: None

Motion to accept the minutes with corrections from February 21, 2018 Regular Monthly Meeting by Bass, seconded by Evans. Motion Carried.
Aye: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nay: None
Absent: None
Corrections: spelling corrections noted.

Motion to accept the minutes from February 28, 2018 Public Hearing, Water System Improvement Project by Evans, seconded by McPherson. Motion Carried.
Aye: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nay: None
Absent: None

Maintenance Report: Verbal report was given by Jared Bair. Painting of public restrooms/showers for campers. New picnic tables for the camp grounds were purchased from Bear Lake Hardware. New fire rings will be purchased from Saddle Up. May need new ceiling fan for the ladies shower area.
Treasurer’s Report: Reviewed by King. Written report on file in the 2018 Minutes binder.

February 28, 2018 Fund Balances:
General checking/savings total 74,680.39
Water checking only 49,819.61
Money Market Checking 10,081.87
Park checking/savings total 22,399.43
Park CD#2 33,149.40
Major Street checking/savings total 27,835.70
Minor Street checking/savings total 8,530.81
Equipment Fund checking/savings total 7,295.93

Motion to accept the Treasurer’s Report as presented by McPherson seconded by Bass, motion carried.
Aye: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nay: none
Absent: none

A motion was made to approve amendments as listed below to the 2018-2019 budget by Evans, seconded by Bass. Motion carried.
Aye: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: None
Absent: None

Amendments:
General Increase Professional Services to $3,000

$3,000 from Utilities

Water Increase Interest Expense to $1,000

Increase Insurance to $1,500

Increase License & Fees to $1,000

Park Increase Insurance to $1,128

$328 from Utilities

Major Increase Insurance to $1,154

$54 from Office Supplies

Minor Increased Insurance to $1,154

$54 from Miscellaneous

Bills to be paid presented by Treasurer. List on file in 2018 Minutes folder.

Motion to pay the bills by Ronning, seconded by McPherson. Motion carried.
Aye: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nay: none
Absent: none

February Reimbursements to the General Fund were read by President Bair.

Wages to General Fund: $4,088.00
Equipment Rental to General Fund: $7,949.42

Committee Chair Reports:

Park:
o Park Report: Verbal report by Park Manager. Report on file in March Minutes
folder.

Motion to sign a resolution to submit application to the Michigan Natural Resources Trust Funds for development of a Universally Accessible Canoe/Kayak Launch, Floating Dock, Fishing Pier and other amenities at Hopkins Park by McPherson, seconded by Ronning. Motion Carried.
Aye: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nay: None
Absent: None
Motion to sign the Grant Agreement Concerning the Michigan Natural Resources
Trust Fund Grant Entitled “Hopkins Park Development” by McPherson, seconded
by Evans. Motion Carried.
Aye: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nay: None
Absent: None

[A copy of the UNAPPROVED Public Hearing Minutes were received on April 5 – a request for clarification on whether this is no longer a joint Village/Township of Bear Lake project has not been answered. Unapproved Public Hearing Kayak Canoe Lauch March 28 2018 pdf – note BLN posts as received we do not edit spelling]

Streets, Trees, Signs, Lights, Sidewalks: No report

Water:

o Ken Mlcek from Fleis & VanderBrink gave update on Water System Improvement Project, The Village has reviewed bids received for the Village of Bear Lake USDA Water System Improvements Project and contracts have been awarded to the selected contractors. The Village is working with USDA on a few final details that are needed before construction can start. It is anticipated that construction will start in late spring and last throughout the summer and into the early fall.
o Water Ordinance is tabled until April for further review, appointed committee of Bair, Johnson & Evans.

Motion to sign a Grant of Easement to access the Cell Tower by Ronning, seconded by McPherson. Motion Carried.

Grant of Easement Mrch 2018 [pdf]

Aye: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nay: None
Absent: None

Motion to authorize Jeff Bair, village president and Cindi McPherson, village clerk to sign the Grant of Easement to access the Cell Tower by Ronning, seconded by McPherson. Motion Carried.
Aye: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nay: None
Absent: None

o Award from USDA for the new DPW building.
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
[Editor’s Note: no amount is listed in the Minutes. A request to receive the Notice of Intent and the Resolution has not been answered. A request for the following to be published on the Village web site has not been answered. In light of the right to petition for a referendum vote on this – a subscriber has forwarded the following notice, published once in the Manistee News Advocate on April 2, 2018.]
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

Blight/CABA:

CABA: No report.

BLIGHT: Blight Officer verbal report by Gibson.

Attempted to make contact with 12328 Virginia Street property owner on property status, sending letter out.

Received complaint on condition of 7620 Stuart Street property, made informal contact. They are in process of fixing up the house. Shed collapsed due to weight of snow, advised to clean up yard.

Gibson reported the Manistee County Magistrate has community service workers to help out for Bear Lake Community Clean-up Day.

County Commissioner Report: Pauline Jaquish verbally reported August ballot will have .100 mills for 2019-2023, it will generate $110.000+. C.R.A.S.E., active shooter training by Manistee Sheriff has been positive. GREEN Team was awarded a $8000 grant for pick-up of old tires. Opioid Epidemic, there will be a movie regarding this at the Tribal Government Center April 4, 2018 at 7pm; How this has affected lives. There are RED Boxes around Manistee for individuals to drop old drugs. Pauline has been re-appointed to the Drug Abuse Victims group.

Manistee County Trail Committee Report: McPherson reported trail committee has changed their name to SMARTrails, Sensational Manistee Area Recreation Trails. $300,000 grant in process for the M-55 bridge by Meijer, M-55 and US-31. A committee is working to add a multi-use trail on the bridge. Reconstruction is estimated for 2020.

Bear Lake Improvement Board: McPherson reported no report, no meeting.

Two Lakes Sewer Collaborative: McPherson reported no report, no meeting

Planning Commission: Clerk McPherson read Planning Commission 2017 Annual report. On file in 2018 Minutes binder. 2017 Annual Report Plann Comm [pdf]

Introduction of Natalie Ware as a potential member of the Planning Commission.

Motion to appoint Natalie Ware to the Planning Commission was made by Bass, seconded by Ronning. Motion Carried.
Aye: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nay: None
Absent: None

Ad Hoc – Policy, Resolution & Ordinance Committee –Clerk McPherson reported Julie Evans is our volunteer student to help with organization of policy, ordinance & resolution books.

OLD BUSINESS

Clerk & Treasurer Appointment: Language for the August ballot has been prepared.

Community Clean-up Day – The dumpster has been scheduled and notices will go out in April water bills.

NEW BUSINESS
- Computer Service – Inacomp will be servicing the village computers. Requesting an additional computer to act as a server and additional QuickBooks for clerk’s computer. All items will come under Water System Improvement Project as required for billing.
Motion to approve computer & Quick Books upgrade through the water system project by Evans, seconded by McPherson. Motion Carried.
Aye: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nay: None
Absent: None

COUNCIL COMMENT: None

PUBLIC COMMENT: None

COMING EVENTS
- Easter Egg Hunt on Saturday sponsored by Bear Lake Promoters.
Meeting adjourned at 8:28 p.m.
Respectfully Submitted,
Cindi McPherson, Clerk

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Village of Bear Lake March 28, 2018 Meeting audio

If you attended this meeting in person and collected documents available for the public please contact us to forward a copy as none have been received from the Village Clerk to date.

Also today http://www.bearlakemichigan.org/kayakcanoe-launch–fish-pier.html lists the correct meeting notice for yesterday’s meeting.

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Village of Bear Lake: March 28, 2018 7 PM Meeting Information

The following was received: [see prior posting here]

AGENDA PUBLIC MEETING

Village of Bear Lake Public Hearing Natural Resources Trust Fund Application for Proposed Kayak/Canoe Launch and Fishing Pier site

March 28, 2018 7:00 p.m. – Bear Lake Village Hall

CALL TO ORDER – Bear Lake Village President, Jeff Bair

PLEDGE OF ALLEGIANCE

INTRODUCTIONS

PRESENTER: Pat Bentley, Spicer Group

PUBLIC COMMENT

ADJOURNMENT

The posted notice is as follows:

Bear Lake News has requested copies of documents to be presented in order that residents may submit questions.

Also: [NOTE: No Agenda supporting documentation was received but has been requested]

PROPOSED AGENDA

Village of Bear Lake Council Meeting March 28, 2018

7 p.m. – Village Office

(following the Kayak/Canoe Launch Public Hearing)

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:

REPORTS/DISCUSSION

MINUTES APPROVAL:

Budget Public Hearing 2018-2019 February 21, 2018
Regular Monthly Meeting February 21, 2018
Special Meeting Water System Improvement February 7, 2018

VILLAGE MAINTENANCE REPORT:

TREASURER’S REPORT:

Acceptance of Treasurer’s Report
Amendments:

BILLS to be PAID:

REIMBURSEMENTS to the GENERAL FUND:

COMMITTEE CHAIR REPORTS:

PARK:

Park Manager Report

STREETS, TREES, SIGNS, LIGHTS, SIDEWALKS:

WATER:

Water Well update
- Grant of Easement
Water Ordinance update
Maintenance Building update

BLIGHT/CABA:

CABA :
Blight Enforcement Officer report:

COUNTY COMMISSIONER REPORT:

MANISTEE COUNTY TRAIL COMMITTEE REPORT:

BEAR LAKE IMPROVEMENT BOARD REPORT:

TWO LAKES SEWER REPORT: No report

PLANNING COMMISSION REPORT: Annual report

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

OLD BUSINESS:

Clerk & Treasurer appointment – August
Community Clean-Up Day

NEW BUSINESS:

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:

Community dinner at Bear Lake United Methodist Church

ADJOURNMENT

REIMBURSEMENTS to the GENERAL FUND:

February 2018

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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.

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 Pipe” means that part of the owner‘s plumbing system which receives water from the service pipe, beginning at the owner’s property line.

“Corporation stopcock” means a shut-off valve installed in the water main immediately preceding where a service pipe connects to the water main.

“Debt Service” means the interest and principal payments required to repay monies borrowed to construct the waterworks system.

“Meter” or “Water Meter” means 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, receiver, executor, 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.

“Person” means any individual, firm , trust, partnership, company, association, society, corporation, limited liability company, or other legal entity.

“Service Area” means any land in and around the Village which is serviced by the waterworks system.

“Service Pipe” means the pipe delivering water from the water main to the building pipe.

‘‘Tenant” means a person who leases property from an owner.

“Village” means the Village of Bear Lake, Michigan.

“Village Clerk” means the Clerk for the Village of Bear Lake.

“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 Charge” means 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 service, replacement 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, use, alter, or disturb any water main or service pipe or appurtenance thereof in any street,

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,

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

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

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.

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.

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

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

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.

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.

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 expense, loss, 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

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 Village, the 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

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:

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Why we have ‘Sunshine’ Week.

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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.

(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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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.”

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Source:Citizen engagement best practices to build community trust.
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Village Of Bear Lake March 28th 7pm Public Hearing re Kayak Launch and Fishing Pier

A reminder that if you are unable to attend the Village has a telephone conference service.

Conference Call-In to 1.302.202.1107, Conference code 149002. Note: a charge from your phone carrier could apply – we suggest using Google or Skype.

A number of subscribers sent in questions which we have forwarded this afternoon to the Village President Jeff Bair – jeffbair4@gmail.com

Good afternoon Jeff,

we have received a query wondering where the Kayak/Fishing Pier information is on the Village web site? The current page only lists last year’s meeting notice and the prior conceptual plan?

Although there is no advance information about the project, the resident, who wishes to remain anonymous at this stage, asks for the following questions to be raised at the Public Hearing.

1. Have the current seasonal renters been surveyed for their acceptance/disapproval? As the Park is the only source of additional revenue to support Village programs, the reader worries we may be gaining a pier but losing campers.

2. How will this impact the safety of small children being so close to the parking activity.?

3. IS there sufficient parking for all these uses and those currently parking there to use the boat launch?

4. How does the design plan to accommodate the wastewater from the new bathroom facilities?

5. How will the plan accommodate fish cleaning?

6. Is there still a 50/50 agreement with the Township on facility maintenance – does this include upkeep on the main drive through the park which is laid on floating slabs?

7. How will the fishing pier conflict with those who currently fish from the Point onto the slabs? How will this affect fish habitat there?

8. Will the pier be removable in winter? If not how will it be protected from ice damage?

9. Will the pier be lit? If so what inspection protocols will be put in place, and who will be responsible for that, to avoid electrocution? How will a lit pier impact fishing at night?

And one comment – previous proposals had this located on South Shore Drive or at the property previously occupied by the Cook Station – both are considered by this reader to be a better location with better access of US31 and able to be served by seasonal portable sanitation at much less cost. Why was the location changed?

If you have a copy of the application and the new schematic please forward to Cindi so she can put it on your web site and send to us for publication so people have an opportunity to comment prior to the Village making a decision?

Kind regards,

Bear Lake News.

Village of Bear Lake Public Hearing Wednesday March 28, 2018 7pm.

At 9.04 am on Wednesday March 21, 2018, Bear Lake News received the following:

“The Village of Bear Lake has postponed their regular council meeting scheduled for today, March 21 at 7pm to Wednesday, March 28, 2018.

There will be a Public Hearing on the Kayak/Canoe Launch at 7pm, the regular March 2018 monthly meeting will follow.

Cindi McPherson, Clerk”

Bear Lake News elected to wait for the notice to appear on bearlakemichigan.org, the Village web site to publish here. It did so at 4pm. The Notice was placed at the Hall and Post Office the following day.

On March 23, 2018 a corrected notice was posted at all locations:

There is no information at http://www.bearlakemichigan.org/kayakcanoe-launch–fish-pier.html other than the prior notice from 2017.

Bear Lake News has received no further information about how the new proposal may have changed. Here is the schematic from March 2017.

Kayak Canoe Fishing Pier Grant Agreement March 2017 revised

The relevant sections for Village residents from the 2017 agreement are as follows:

[The Village is the applicant for a Michigan Natural Resources Trust Fund Grant
(the “Trust Fund Grant”) (Grant No. TF17-0168), entitled “Hopkins Park
Development” in the amount of $295,100 for the purpose of developing the
following amenities within Hopkins Park: (1) a universally accessible
canoe/kayak launch, (2) a fishing pier, (3) restrooms, (4) parking facilities in
compliance with the Americans with Disabilities Act, and (5) other amenities (the “Park Project”).

Matching Funds. Each party shall be responsible for paying FIFTY PERCENT
(50%) of the Trust Fund Grant matching funds requirement. Currently, the
matching funds requirement is $98,366.00, with each party contributing
$49,200.00. Each party may contribute its matching funds requirement by cash
and/or in-kind contributions that comply with all requirements of the Trust Fund Grant regulations. In the event third parties make contributions toward the matching funds requirement, then all such contributions shall be allocated
equally between the parties.

Park Project Construction and Oversight.
The Village in conjunction with its engineering consultants shall be responsible for the development of the bid specifications for the Park Project. Once construction bids are opened the Village shall send the Township a copy of all the bids. The parties hereby agree that they will negotiate in good faith to approve the best construction bid and costs for the Park Project. Any such agreement shall be in writing and approved by the legislative body of each party. Following the approval of the construction bid and costs by the parties, the Village shall formally the award the construction contract for the Park Project to the successful bidder. The Village shall be responsible for the oversight and administration of the Park Project construction in compliance with the terms of the Trust Fund Grant funding requirements.

Excess Park Project Costs. In the event that the total costs for the Park Project exceed the sum of (1) the amount of money actually covered by the Trust Fund Grant, (2) any matching funds, and (3) any financial contributions to the Park Project from third parties, then the parties hereby agree that they shall contribute equally to pay any such excess costs.
Park Project Maintenance. After construction of the Park Project the Village shall be responsible for the actual maintenance and repair of the Park Project. The Village shall be financially responsible for ONE HUNDRED PERCENT (100%) of the maintenance and repair costs for the fishing pier. The Township shall pay to the Village ONE HUNDRED PERCENT (100%) of the maintenance and repair costs for the canoe/kayak launch and shall pay to the Village FIFTY PERCENT (50%) of the maintenance and repair costs for the restrooms and parking facilities. The Village shall annually, on the date mutually agreeable to the parties, send the Township a written, itemized statement of the actual costs incurred by the Village in the preceding year for the maintenance and repair costs for the canoe/kayak launch, restrooms and parking facilities. The Township shall pay the Village for its share of these costs within forty-five (45) days of the date of the written statement.]

IF an updated project narrative is received we will publish here.

It should be noted that as of December 2017 the stated Park Income was:

Written comments may be submitted at the public hearing or may be sent before the public hearing to the Bear Lake Village Clerk at the above address (P.O. Box 175) or to the Bear Lake Township Clerk at 7771 Lake Street, P.O. Box 187, Bear Lake, MI 49614. and The village clerk can be emailed at bearlakeclerk@gmail.com

Sunshine Week 2018: FOIA Updates Three

This is the last day of Sunshine Week 2018 where the legal right of citizens to ask questions of their local elected officials is celebrated by honoring the Open Meetings Act and the Freedom of Information Act.

Does a citizen have the expectation of being able to ask reasonable questions without having to submit a FOIA is a question to also ask elected officials?

The Village of Bear Lake has taken the position that all requests must be done via FOIA.

To reiterate the policy of Bear Lake News – we report, we do not comment.

February 6, 2018:

Under MI Freedom of Information Act (Public Act No. 442 of 1976 as amended): I hereby submit this request. I am requesting the items in electronic PDF or Word format to be sent to me via email. I am also requesting this issue be discussed at the Budget review hearings.

I am requesting:

1. A copy of the full application for funding sent to USDA concerning the proposed DPW Building – from the documents I have seen, the construction site seems to be in conflict with the access road for the new Water Wells?

Has MDEQ agreed to the storage of salt and sand this close to the well sites?

Communication from USDA confirming acceptance of an application, estimate of fundability, allocation of funds or indication of availability of funds, and in which FY

3. Amount and terms of repayment of the Loan.

4. Amortized final cost, including interest over 30 years.

As this pertains specifically to how the Village will set it’s FY2018-19 Operating Budget it is worth noting the mandate to designate repayment funds as listed in the June 2017 Minutes:

At the request of the USDA & Rural Development, repayment of loan for construction of new DPW building (approx.. $310k over 30 yrs.) must be amended into the 2017-2018 Village Budget. Loan repayment per month approx.. $1,225-$1500)

▪ Motion to amend the budget for repayment of DPW building in 2017-2018 Budget as follows: General $1,800, Water $7,200, Park $1,800, Major $3,600, Minor $3,600, by Bass, seconded by McPherson. Motion Carried

As we know the construction estimate has risen, what is the new line item allocation?

In light of the January Budget Amendments, moving these funds to cover other Budget shortfalls, I would like the Council to address if they either intend to raise taxes or cut expenditures to guarantee the ability to make those future loan repayments? As Streets Superintendent, I am sure you know that only a certain % of Act 51 Funds can be used.

Park

Increase Repairs & Maintenance $1,054.43

Increase Professional Service $433.50

$1,487.93 from DPW Build Repayment

Minor

Increased Repairs (Outsourced) $1,000

Increase Repairs & Maint-Winter $600

Increase Repair & Maint – Summer $45.93

Increase Equipment Rental $2,100

$3,000 from DPW Building

$700 from Gas & Oil

Reply Received February 8, 2018:
“Answer to your questions:

I am requesting:

1. A copy of the full application for funding sent to USDA concerning the proposed DPW Building – attached

Application USDA [PDF]

from the documents I have seen, the construction site seems to be in conflict with the access road for the new Water Wells? – No, it is designed around it.

Has MDEQ agreed to the storage of salt and sand this close to the well sites? – Well testing has been accepted by the DEQ.

2. Communication from USDA confirming acceptance of an application, estimate of fundability, – USDA has not awarded the village any funds.

allocation of funds or indication of availability of funds, – USDA has indicated funds are available

and in which FY – unknown

3. Amount and terms of repayment of the Loan. – no award has been given

4. Amortized final cost, including interest over 30 years. – no award has been given

Repayment has been budgeted – no award has been given at this time.

Thank you for your concern.”

February 13, 2018:

having had a chance to consider, and ask for some expert assistance regarding your response, I don’t believe my questions have been answered?

1. The document you sent, SF-424, is just the cover sheet – dated 9/14/17

“This is a standard form used by applicants as a required face sheet for pre-applications and applicatons submitted for Federai assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included In their process, have been given an opportunity to review the applicant’s submission.”

On November 15 the Village held a Public Hearing where it was stated that USDA had requested changes to the application (see attached documents you previously supplied as a partial response to a prior request for the Public Hearing documents)

My request was to see the full application not the cover sheet – the Summary, Narrative, Environmental Assessment, the Proposed Timeline and the Site Plan

2. In reviewing the initial draft designs, the Village is proposing a 60′ x 40′ structure with a 42′ trench drain to a sump pit? Does the new design include a revised VOC catch basin?

3. In reviewing the Bid package for the water project – where will the DPW building be located on this property? It’s original location was scheduled as adjacent to the Sand storage barn?

The reason for this query is that one of the reasons given for requiring the relocation of the existing wells was their proximity to potential sources of surface/ground water contamination.

Comparing the design of the DPW building to the attached schematic of the Water well access raises questions.

a) close proximity to the main 8″ tie in line as well as the natural gas service line

b) the potential for damage or destabilization of those lines during construction and operation of the proposed DPW building – unless, of course the Village intends to locate the structure elsewhere?

My question does not relate to MDEQ testing of the wells themselves – however, as a prior member of the Wellhead Protection Committee, and as the well drilling and water quality reports are available I would like to see those please?

4. At the November 2017 Public Hearing it was noted that USDA queried the defined costs. My request to see the communications from USDA was as follows with your response in bold:

2. Communication from USDA confirming acceptance of an application, estimate of fundability, – USDA has not awarded the village any funds.

allocation of funds or indication of availability of funds, – USDA has indicated funds are available

and in which FY – unknown

3. Amount and terms of repayment of the Loan. – no award has been given

4. Amortized final cost, including interest over 30 years. – no award has been given

Again I requested the confirmation from USDA on the fundability and anticipated terms and timeline of an award?

5. There is a significant math discrepancy in the attached SF 424C Budget Information Sheet – can you supply the final version approved following the November 15 Public Hearing?

And again – the original proposed repayment was for $310,000 financed over 30 years. The attached SF 424C lists $328,134.32 – how does the Village plan to allocate this new amount to it’s FY2018-19 Budget?

As the Village is proposing a $2.25m debt for Village residents, although I appreciate these questions may be outside your realm of expertise, your assistance would be appreciated in supplying the requested documentation.

Response received February 15, 2018:

“I have sent you the information that I have regarding your questions. If you would like me to continue research on additional items you have listed, I would be glad to do that. However, there would be FOIA research costs that would need to be paid up front before any research would be done. Please advise me if you will pay FOIA fees for researching your questions and I can send you an FOIA itemized cost sheet.

The Proposed Budget 2018-2019 was sent to you regarding repayment of the DPW building.

Confirmation from USDA on the fund ability, anticipated terms & time line of award, again, The village has not been awarded and funds at this time.

You are right, some of these questions are out of my expertise, maybe we should let the professionals working on this project do their job!

Thank you for your concerns.”

February 18, 2018: A request was sent to the Village President:

“I would like to know – is the Village Clerk unable to locate a filed PDF copy of the DPW USDA loan/project application revised following the November 2017 Public Hearing? Or the prior/subsequent USDA Letter of Commitment?

If so, please let me know so I can request one directly from USDA.”

A response was received February 21, 2018:

“Jennifer Wahr at the USDA may be able to help you if Cindi does not have the information you need.”

The approved FY2018-19 Budget can be viewed here. It was sent to Bear Lake News by a member of the public:

https://bearlakemichigan49614.com/2018/03/08/village-of-bear-lake-minutes-and-documents-february-21-2018/

The Minutes seem to indicate an additional piece of property has been purchased but this can not be confirmed at this time.

Sunshine Week 2018: FOIA Update 2

Sunshine Week 2018 – March 11-17

This week Bear Lake News revisits some of the issues local residents and tax payers have sought information on via FOIA or simple requests.

All requests for information now are routinely sent instruction on how to submit a FOIA request.

A recent request sought to clarify the status of a USDA application/grant toward the purchase of a replacement blade/snow plow truck.

See this prior post from last year for some background on this issue.

https://bearlakemichigan49614.com/2017/06/18/special-meeting-village-of-bear-lake-held-may-26-2017-re-plow-truck/

A follow up was sent to USDA

https://bearlakemichigan49614.com/2017/08/11/status-of-a-new-snow-plow-truck/

Replacement of the existing plow truck began with weighing the cost of maintaining that versus buying a newer vehicle. The argument was made in three applications for funding assistance that the vehicle known as ‘Big Red’ was too old and too costly to maintain.

When the decision was made to purchase a newer version, while continuing to operate ‘Big Red’, residents wondered why? It was stated that the sand hopper did not fit the new vehicle and in the current 2018 application for Revenue Sharing support a replacement is requested.

https://bearlakemichigan49614.com/2018/03/08/village-of-bear-lake-february-21-2018-meeting-documents/

On February 6, 2018 the following request was sent:

Under MI Freedom of Information Act (Public Act No. 442 of 1976 as amended):
I hereby submit this request. I understand I am entitled to receive the requested items within 5 business days. I am requesting the items in electronic PDF or Word format to be sent to me via email.

I am requesting a copy of the USDA Award confirmation letter and terms of payment for the Blade Truck.

In the September 2017 Minutes:

Buildings, Grounds & Equipment:

PLOW TRUCK – A $14k grant was approved from the USDA. Grant maybe lower than $14k due to grant being 40% of cost. Jared & Jeff Bair have been to the dealership in Mesick to look at a completely over-hauled plow truck. Additional MDOT required lighting, hitch for one-way plow needs to be added to truck. The

old truck will be used for salt & hot patch work. A $5K deposit is required. The village will need to purchase truck & USDA will reimburse the village after

purchase.

Motion to move forward to purchase a newer plow truck, pending no problems with revenue sharing grant money by McPherson, seconded by Schroeder. Motion carried.

Motion to take $5K from minor savings for the down payment on the plow truck by Ronning, seconded by Johnson. Motion carried.

And in October, 2017:

Buildings, Grounds & Equipment:

The deposit ($5,000.00) for the new plow truck was made. Additional required items were needed for the truck, per MDOT. An engine block heater was also needed as the truck is parked outside during the winter and a wing blade was added. Total cost of plow truck is $37,690.00. The money will be taken from Major Savings; $5690.00, Minor Savings; $2,000 and Equipment Savings $25,000. As the truck is used Equipment Rental will be charged & money transferred to the Equipment Account.

Motion to write a check for the plow truck for $32,690.00 by Ronning, seconded by McPherson. Motion carried.

I would like to know:

a) how much was awarded

b) how much has been received

c) how much has been spent to operate and insure this vehicle

d) when will the sander be installed

d) how much has been spent to retain the prior blade and sander vehicle both in repairs and insurance costs.

And the response received on February 13, 2018:

“Answers to your FOIA questions:

I would like to know:

a) how much was awarded – $16,000.00 will be awarded

b) how much has been received – $0

c) how much has been spent to operate and insure this vehicle – Insurance is $665.00

d) when will the sander be installed – the sander is installed in the old plow truck

d) how much has been spent to retain the prior blade and sander vehicle both in repairs and insurance costs. – insurance is $665.00,

We do not track separate operating/repairs for each of the trucks you are referencing.”

The resident wonders why not sell the old vehicle and put the proceeds toward the cost of purchase and upgrades to the replacement vehicle?

Bear Lake, Michigan 49614

Independent News, Documents not Opinion

Village of Bear Lake meets tonight 4/18 at 7 PM

Village of Bear Lake 2018 Meeting Dates

Village of Bear Lake: Financial Position

Village of Bear Lake: March 28, 2018 DRAFT Minutes

Village of Bear Lake March 28, 2018 Meeting audio

Village of Bear Lake: March 28, 2018 7 PM Meeting Information

DRAFT Village of Bear Lake Water Ordinance

Why we have ‘Sunshine’ Week.

HOUSE BILL No. 5397

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

Village Of Bear Lake March 28th 7pm Public Hearing re Kayak Launch and Fishing Pier

Village of Bear Lake Public Hearing Wednesday March 28, 2018 7pm.

Sunshine Week 2018: FOIA Updates Three

Sunshine Week 2018: FOIA Update 2

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