Village of Bear Lake: DRAFT March Regular Minutes and Approved Special Minutes

The Village no longer records meetings. As a service for those unable to attend, volunteers supply recordings as permitted under the Open Meetings Act.  As no volunteer was available in March, Bear Lake News requested the Village provide the same telephone number for a public access conference bridge to listen to this meeting as was done in February.

No response was received for any of the meetings listed here.

Village of Bear Lake Council REGULAR MEETING

March 15, 2017 Bear Lake Village Hall

Unapproved Minutes

The regular meeting of the Bear Lake Village Council was called to order by President Jeff Bair at 7:00 p.m. at the Village Hall. Pledge of Allegiance was said.

Present: President: Jeff Bair Council: Peggy Bass, Jackie Johnson, and Greg McPherson

Treasurer: Sally King, Clerk: Cindi McPherson Staff: Larry Gibson and Jared Bair

Absent: Carver Edwards and Ron Ronning

Guests: Eleven (11) guests signed in

Motion to Adopt the Agenda as presented and with additions by McPherson and seconded by Bass,motion carried.

Aye: Bass, Johnson, G. McPherson, Bair

Nay: none

Additions:

• After Correspondence, Nominations

• New Business:

o Grant Agreement

o Self Evaluation

o Payment Authorization Policy

Public Comment: None

Correspondence: Read by clerk:

• Email from Jason Wilder Evans – no discussion

• Resignation letter from council member Carver Edwards.

Motion was made to accepted Carver Edwards & Janene Gee’s resignation by Johnson, seconded by McPherson. Motion carried

Aye: Bass, McPherson, Johnson, Bair

Nay: None

Absent: Ronning

Note: Gee’s resignation was read at February 15, 2017 meeting but a motion was not made to accept it.

• Email from Kris Buckner, Bear Lake Days Committee, requesting closer up streets needed for Bear Lake Days events. US-31 & Potter Rd, to Wise Street up Main to Virginia Street and down to US 31 to Russell Street. Additionally, Main Street at US 31 to Virginia Street for the Arts & Crafts Fair.

Nominations of Council Members – Jeff Bair

• Joanne Schroeder to replace Janene Gee

• Marla Evans to replace Carver Edwards

Motion to appoint Joanne Schroeder to the Village Council as Trustee was made by Bass, seconded by Johnson. Motion carried

Aye: Bass, McPherson, Johnson, Bair

Nay: None

Absent: Ronning

Oath of Office was given to Joanne Schroeder by Clerk McPherson.

Motion to appoint Marla Evans to the Village Council as Trustee was made by McPherson, seconded by Johnson. Motion carried

Aye: Bass, McPherson, Johnson, Bair

Nay: None

Absent: Ronning

Oath of Office will be given to Evans at a later date.

Continue reading “Village of Bear Lake: DRAFT March Regular Minutes and Approved Special Minutes”

MICHIGAN NATURAL RESOURCES TRUST FUND GRANT Agreement

The following was adopted at the March Village Council Meeting:

Motion to adopt Resolution 2017-3, Support of The Village of Bear Lake submission of application to the Michigan Natural Resource Trust Fund for Development of a universally accessible canoe/kayak floating dock, and fishing pier & other amenities at Hopkins Park by Bass, seconded by McPherson. Motion carried.

Aye: Bass, McPherson, Johnson, Schroeder, Bair

Nay: None

Absent: Ronning

RESOLUTION No. 2017-3

SUBMISSION OF APPLICATION TO THE MICHIGAN NATURAL RESOURCES TRUST FUND FOR DEVELOPMENT OF A UNIVERSALLY ACCESSIBLE CANOE/KAYAK LAUNCH, FLOATING DOCK, FISHING PIER AND OTHER AMENTIES AT HOPKINS PARK

WHEREAS, the Village of Bear Lake supports the submission of an application titled, “Hopkins Park Development” to the Michigan Natural Resources Trust Fund for development of a universally accessible canoe/kayak launch, fishing pier, floating dock, restrooms, ADA parking and other amenities at Hopkins Park; and,

WHEREAS, the proposed application is supported by the Community’s 5-Year Approved Parks and Recreation Plan; and,

WHEREAS, the Village of Bear Lake has made a financial commitment to the project in the amount of $49,200.00 matching funds, in cash and/or force account; and,

WHERAS, Bear Lake Township has made a financial commitment to the project in the amount of $49,200.00 matching funds, in cash and/or force account; and,

NOW THEREFORE, BE IT RESOLVED that the Village of Bear Lake hereby authorizes submission of a Michigan Natural Resources Trust Fund Application for $295,100.00, and further resolves to make available its financial obligation amount of $98,375 (25%) of a total $393,500 project cost, during the 2017-2018 fiscal year.

AYES: 5

NAYES: 0

ABSENT: 1

MOTION APPROVED.

I HEREBY CERTIFY, that the foregoing is a Resolution duly made and passed by the Village of Bear Lake at their regular meeting held on March 15,2017, at 7 p.m. in the Bear Lake Village Hall, with a quorum present.

 

Clerk

GRANT AGREEMENT CONCERNING THE MICHIGAN NATURAL RESOURCES TRUST FUND GRANT ENTITLED “HOPKINS PARK DEVELOPMENT”

THIS AGREEMENT is made to be effective this day of , 2017, between the Village of Bear Lake, a Michigan general law village, whose address is 12376 Virginia Street, P.O. Box 175, Bear Lake, Michigan 49614 (the “Village”) and Bear Lake Township, a Michigan general law township, whose address is 7771 Lake Street, P.O. Box 187, Bear Lake, Michigan 49614 (the “Township”).

Recitals

A. The Village is the applicant for a Michigan Natural Resources Trust Fund Grant (the “Trust Fund Grant”) (Grant No. TF17-0168), entitled “Hopkins ParkDevelopment” in the amount of $295,100 for the purpose of developing the following amenities within Hopkins Park: (1) a universally accessiblecanoe/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”).

B. The parties desire to work cooperatively to support the development and maintenance of the Park Project as a regional recreational and economic asset under the terms and conditions of this Agreement.

C. The parties, therefore, desire to specify their respective rights and obligations concerning the administration of the Trust Fund Grant and the development and maintenance of the Park Project in this Agreement.

Agreement

NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows:

  1. Contingencies; Termination. This Agreement is expressly contingent on any of the following:

a. The full and complete funding of the Trust Fund Grant by the Michigan Legislature in an amount acceptable to the parties.

b. The actual payment of the Trust Fund Grant matching funds by each party as specified in this Agreement.

2

c. The parties’ agreement in writing on the final development plans for the Park Project.

d. The parties’ agreement in writing on the final construction costs for the Park Project.

In the event any of the above contingencies fail, then either party may terminate this Agreement upon seven (7) days written notice to the other party.

  1. Utilization of Trust Fund Grant. The Village, as the Trust Fund Grant applicant, shall be responsible for compliance with all requirements of the Trust Fund Grant and shall use its best efforts to maximize the amount of grant funds that can be used for construction costs for the Park Project.

  2. 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.

  3. Final Park Project Development Plans. The parties have agreed upon preliminary development plans for the Park Project, which were included in the Trust Fund Grant application. In the event the Trust Fund Grant is awarded by the Michigan Natural Resources Trust Fund, the parties hereby agree that they will negotiate in good faith to approve final development plans for the Park Project. Any such agreement shall be in writing and approved by the legislative body of each party.

  4. 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.

  5. 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.

  6. 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.

  7. Indemnification. Each party shall indemnify and hold harmless the other party, its public officials, officers, successors, assigns, agents, servants, employees, and insurance companies from any damages, legal fees or expenses, awards, demands, rights, causes of action, including but not limited to, causes of action for indemnification, or recovery of any liens of any kind or nature, losses, claims and actions which may, do, or shall arise out of or grow out of that party’s duties and obligations contained in this Agreement. This provision shall apply to any and all claims by either party, its public officials, officers, agents, servants, employees, successors or assigns or to any and all claims by any third party.

  8. Notice. All notices permitted or required hereunder shall be in writing and either mailed or personally delivered to the address above stated addressed to the Village Clerk on behalf of the Village and addressed to the Township Clerk on behalf of the Township. If by mail, notice shall be deposited in the United States mail, postage prepaid, registered or certified mail, return receipt requested, and addressed to the party to whom notice is directed. If by personal delivery, notice shall be personally delivered to the party to whom notice is directed.

  9. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the enforceability or validity of remaining provisions and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted.

  10. Waiver. No term, condition, covenant or provision contained in this Agreement may be waived except in a writing signed by the waiving party. No oral statements, course of conduct or course of dealing shall be deemed a waiver.

No waiver by any party hereto of any violation or breach of this Agreement shall be deemed or construed to constitute a waiver of any other violation or breach, or as a continuing waiver of any violation or breach.

  1. Applicable Law. This Agreement shall be interpreted, construed and governed according to the laws of the State of Michigan.

  2. Counterparts. This Agreement may be executed in two counterparts, each of which shall be deemed an original but all of which shall constitute one instrument.

  3. Amendments. This Agreement may be amended by the mutual consent of both parties that is documented in writing and signed by both parties.

  4. Entire Agreement. The Agreement contains the entire Agreement of the parties hereto and supersedes all prior agreements and understandings, oral or written, if any, between the parties.

  5. Assignment. This Agreement may not be assigned by either party, in whole or in part.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be

effective on the day and year first above written.

VILLAGE OF BEAR LAKE, a Michigan general law township

By: _________________________________________

Jeffery Bair Its: President

Dated: ________________________

BEAR LAKE TOWNSHIP, a Michigan general law township

By: ________________________________________

Jeffery Harthun Its: Supervisor

Dated: ________________________

Three Lakes Sewer – Articles of Incorporation – Draft approved.

The following were provided by the Village of Bear Lake Clerk.

At the March Regular Meeting:

Motion to adopt the Articles of Incorporation, Three Lake Collaborative Authority by G.McPherson, seconded by Schroeder. Motion carried.

Aye: Bass, McPherson, Johnson, Schroeder, Bair

Nay: None

Absent: Ronning

ARTICLES OF INCORPORATION

ONEKAMA – ARCADIA – PLEASANTON – BEAR LAKE SEWER AUTHORITY

THREE LAKE COLLABORATIVE SEWER AUTHORITY

WHEREAS, The purpose of the Authority is to plan, design, engineer, finance, construct, and operate a public sewage disposal system serving sewage districts within the constituent municipalities of Onekama Township, Pleasanton Township, Arcadia Township, Bear Lake Township, and the Village of Bear Lake, and transporting the collected wastewater for treatment to the facilities of the Little River Band of Ottawa Indians; and

WHEREAS, the incorporating governmental units of this sewer authority are Onekama Township, Pleasanton Township, Arcadia Township, Bear Lake Township, and the Village of Bear Lake, located in Manistee County, Michigan; and

WHEREAS, the incorporating governmental units shall be constituent municipalities of this sewer authority as defined in MCL 124.281.

ARTICLE ONE – NAME

The name of this authority is the Three Lake Collaborative Sewer Authority, the Authority, with its principal office located at the Onekama Township Hall, 5435 Main Street, PO Box 458, Onekama, MI 49675, or at such other location determined by the Authority Board.

ARTICLE TWO – MUNICIPALITIES

The incorporating municipalities are Onekama Township, Pleasanton Township, Arcadia Township, Bear Lake Township, and the Village of Bear Lake, located in Manistee County, Michigan.  The incorporating municipalities are constituent municipalities of the Authority.

ARTICLE THREE – STATUTORY AUTHORIZATION

The Authority is incorporated and formed as a municipal authority and public body corporate as authorized by Act 233 of 1955 as amended, Municipal Sewage and Water Supply Systems, MCL 124.281 et seq.

ARTICLE FOUR – PURPOSE

The purpose of the Authority is to plan, design, engineer, finance, construct, and operate a public sewage disposal system serving sewage districts within the constituent municipalities of Onekama Township, Pleasanton Township, Arcadia Township, Bear Lake Township, and the Village of Bear Lake, and transporting the collected wastewater for treatment to the facilities of the Little River Band of Ottawa Indians, an Indian Tribe as defined in MCL 124.281(c) with which the Authority can contract for wastewater treatment.

ARTICLE FIVE – POWERS

The Authority shall have all of the powers enumerated in the Act (233 of 1955) by which the Authority can adopt bylaws for the regulation of its affairs and the conduct of its business, adopt an official seal, maintain an office, sue and be sued, determine the location and design of a sewage disposal system and the construction, financing, and operation of the sewage disposal system, issue bonds of the Authority for any of its corporate purposes, adopt and promulgate rules and regulations for the use of the sewage disposal system, and acquire, hold and dispose of real and personal property in the exercise of Authority powers and the performance of Authority duties, and with such other and related powers as are enumerated in the Act or inferred hereby.

ARTICLE SIX – DUTIES

The Authority shall plan, design, engineer, develop, finance, construct, acquire, operate and maintain a sewage disposal system by agreement with the constituent municipalities and for the benefit of the customers who receive sewage disposal service.  As a municipal authority and a public body corporate, the Authority shall comply with the Michigan Open Meetings Act and Freedom of Information Act.

ARTICLE SEVEN – RULES AND REGULATIONS

The Authority shall adopt rules and regulations by resolution of its governing body with a concurring resolution adopted by the governing body of each constituent municipality, and according to procedures specified in the Act.

ARTICLE EIGHT – TERM OF EXISTENCE

The Authority shall continue in existence until dissolved by the constituent municipalities or by law, but the Authority shall not be dissolved if dissolution will operate as an impairment of any contract of the Authority.

ARTICLE NINE – FISCAL YEAR

The fiscal year of the Authority shall be January 1st through December 31st.

ARTICLE TEN – GOVERNING BODY

The governing body of the Authority shall be its a Board of Trustees, (the Board), composed of one voting representative appointed by each constituent municipality, who shall be an elected member of the governing body of the appointing constituent municipality.  The term of office of a Trustee of the Board shall be two calendar years, January 1st through December 31st, with the initial terms of office expiring December 31st, 2019. The members of the Board shall serve at the pleasure of the legislative body of the appointing constituent municipality and may be removed at any time with or without cause by the legislative body of the municipalityies which such Board member represents.

Upon approving and adopting theses Articles of Incorporation, each constituent municipality shall appoint its first voting representative on the Board of Trustees of the Authority.

Within 30 days of the effective date of the formation of the Authority, the appointed members of the Board of Trustees shall qualify by taking an oath of office and holding an organizational meeting of the Board.

ARTICLE ELEVEN – VACANCIES

In the event of a vacancy on the Board, the legislative body of the constituent municipality selecting such representative shall fill the vacancy within 30 days.  for the unexpired term.  In the event of a vacancy in any office of the Board, such vacancy shall be filled by the Board for the unexpired term.  In case of the temporary absence or disability of any officer, the Board may appoint some person temporarily to act in his or her stead except that in the event of the temporary absence or disability of the Chair, the Vice-Chair shall so act.  All persons serving in the offices of Chair, Vice-Chair, or Secretary shall be members of the Board; the person serving as Treasurer may, be a member of the Board, but need not be.

ARTICLE TWELVE – BOARD MEETINGS

The Board shall meet annually for its organizational meeting on the first Wednesday in January.  If the Board elects to have regular meetings, these meetings of the Board shall be held at such time and place as shall be prescribed by resolution or motion of the Board.  Special meetings of the Board may be called by the Chair or any two (2) Board members, by serving written notice of the time, place and purpose, upon each member of the Board personally; or by leaving it at the Board member’s place of residence or delivering it via facsimile, email or text message to his or her home or office at least eighteen (18) hours prior to the time of the meeting; or by depositing the same in a United States Post Office or mail box within the limits of the Authority at least seventy-two (72) hours prior to the time of the meeting, enclosed in a sealed envelope properly addressed to the Board member at his or her home or office address, with first class postage fully prepaid.  Any member of the Board may waive notice of any meeting either before or after the holding thereof.  Any meeting at which all members of the Board are present shall be a legal meeting for the conduct of business, notwithstanding that written notice was not provided in the manner set forth above, provided that public notice of such meeting of the Authority was given in accordance with the provisions of the Open Meetings Act.  At least a majority of the membership-elect of the Board shall be required for a quorum.  Each Board member shall have one (1) vote.  The Board shall act by motion, resolution or ordinance.  For the passage of any motion, resolution or ordinance, the execution of any contract, and all other matters, there shall be required a majority vote of all of the members of the Board, unless a greater majority or a unanimous vote of all Board members is required by these Articles.

Public notice of all organizational, regular, special or rescheduled regular or rescheduled special meetings of the Board shall be given pursuant to the applicable provisions of The Open Meetings Act.

The Board shall have the right to adopt bylaws governing its procedures and regulating the affairs of the Authority which are not in conflict with the terms of the Act, any other statute or these Articles.  The Board shall have the right to establish rules and regulations in accordance with the Act for the use or administration of any Authority sewage disposal system or facility, by resolution of its governing body and with concurrence by resolution of constituent municipalities. provided, however, that such rules and regulations shall not become effective as to any constituent municipality unless and until approved by the legislative body of that constituent municipality.  All actions of the Board of the Authority shall be governed by generally accepted parliamentary procedure, fairness, civility, and common sense, Roberts Rules of Order if not inconsistent with these Articles, the Authority ByLaws, or applicable law.

The Board shall keep a journal minutes of its proceedings.  The minutes , which shall be signed by the Secretary.  This journal shall show how each member voted and each member shall vote upon all motions, resolutions and ordinances unless disqualified from voting thereon by reason of any direct or indirect personal interest as defined by the conflict of interest laws of the State of Michigan.  All votes shall be “yes” or “no”.

ARTICLE THIRTEEN -– OFFICERS AND BOARD AFFAIRS

The Board shall appoint the officers of the Authority annually by majority vote, and each officer shall be a member of the Board to qualify for appointment, except the Treasurer who need not be a Board member to qualify for appointment.  The officers of the Authority shall be the Chair, Vice-Chair, Secretary and Treasurer.  The Chair of the Board shall be the presiding officer.  Except as otherwise provided, he or she shall not have any executive or administrative function within the Authority other than as a member of the Board.  In the absence or disability of the Chair, the Vice-Chair shall perform the duties of the Chair.  The Secretary shall be the recording officer of the Board.  The Treasurer shall be custodian of the funds of the Authority and shall provide a bond conditioned upon the faithful performance of the duties of his or her office.  The cost of this bond shall be paid by the Authority.  All money shall be deposited in a bank(s) to be designated by the Board, and all checks or other forms of withdrawal shall be signed by the Chair and the Treasurer or Secretary.  The officers of the Board shall have such other powers and duties as may be conferred upon them by the Board.

The members of the Board and such officers thereof who also are members of the Board shall be paid no compensation; provided, however, that the Board may authorize the payment of the actual expenditures of any member or officer incurred in connection with the business of the Authority.  

Bonds issued by the Authority, and interest coupons relating to the bonds shall be executed in the name and on behalf of the Authority by its Chair and Secretary.

The Board shall prepare, adopt and submit to their respective legislative bodies of the constituent municipalities an annual budget covering the proposed expenditures to be made for organizing and operating the Authority and for the necessary funds required from each constituent municipality for the next fiscal year beginning January 1.  Such budget shall be submitted to each constituent municipality on or before October 1 of the previous fiscal year.  No budget shall be adopted unless approved by a 3/5ths unanimous vote of the members of the Board; provided, however, that no obligation shall be assumed by the Authority which may then or at any time in the future become in whole or in part the individual liability of any constituent municipality without the prior consent of the constituent municipality; and provided further, that any constituent municipality may withdraw from the Authority at any time prior to the incurrence of indebtedness by the Authority for which the constituent municipality may incur an individual liability without any obligation whatsoever, and may also withdraw after the assumption of indebtedness by the Authority for which the individual constituent municipality has by its prior agreement incurred an individual liability, but in the case of such latter withdrawal, the consent of the creditor shall be obtained or the individual obligation assumed by the withdrawing member shall be paid by the withdrawing constituent municipality on terms satisfactory to the creditor.  During such times as the only Authority bonds outstanding are for a project or projects located exclusively in and benefitting solely one of the constituent municipalities, the constituent municipality where the project or projects are located and which is solely benefitted shall pay all of the expenses for the operation and maintenance of the Authority including, without limitation, the treasurer’s bond fee and all legal, accounting and audit fees.

The basic funding formula for each constituent municipality of the Authority shall be determined by the Authority Board with the unanimous vote of all Board members.  The funding formula determined by the Authority Board shall be based on a pro-rata share of project costs, number of customers, REU’s, or any other factors determined by the Authority Board.

the pro-rata share (one-fifth of five constituent municipalities) of the Authority budget during the startup phase of the Authority.  The funding formula of each constituent municipality shall be modified upon construction of sewer system facilities by the Authority to a pro-rata share of Authority sewer project costs in each constituent municipality.  When the Authority sewer project becomes operational and customers are connected and paying user charges, the funding formula shall be modified in whole or in part by the Board based on the pro-rata number of sewer customers and/or REU’s in each constituent municipality over the total number of sewer customers and/or REU’s in the Authority sewer system.

The provisions of this Article shall be considered controlling over all other provisions of these Articles of Incorporation to the extent of any conflict with them.

ARTICLE FOURTEEN – PROPERTY ACQUISITION

The Authority shall possess all powers necessary to carry out the purposes of the Authority.  The Authority may acquire property by purchase, construction, lease, gift, exchange, devise or condemnation, either within or without its corporate limits, and may hold, manage, control, sell, exchange or lease such property.  For the purpose of condemnation it may proceed under the provisions of Act 149, Public Acts of Michigan, 1911, as amended, or any other statute that grants a municipality or public body the authority to acquire private property for public use.

ARTICLE FIFTEEN – PROJECTS

The Authority and its constituent municipalities may enter into a contract or contracts providing for the planning, design, engineering, acquisition, purchase, construction, improvement, enlargement, extension, operation and financing of a sewage disposal system as authorized and provided in the Act.  However, the Authority shall not plan, design, engineer, acquire, purchase, construct, improve, enlarge, extend, operate or finance a sewage disposal system within any constituent municipality without the prior written approval of the legislative body of that constituent municipality.  In addition, unless the constituent municipality within which a sewage disposal system project is located shall agree otherwise, any sewage disposal system improvement shall be operated and maintained exclusively by the constituent municipality within which it is located.  The Authority can enter contracts with any of its constituent municipalities to purchase, acquire, construct, operate and maintain a sewage disposal system, but no contract shall be for a period exceeding forty years.

ARTICLE SIXTEEN – SALE OF BONDS

For the purpose of obtaining funds for the planning, design, engineering, acquisition, construction, improving, enlarging or extending of a sewage disposal system, the Authority may, by ordinance or resolution duly adopted by it, issue its negotiable bonds, secured by the contractual full faith and credit pledges of each constituent contracting municipality, in accordance with and subject to the provisions of the Act.

ARTICLE SEVENTEEN – EMPLOYEES

The Board shall have the power to hire employees to carry out the functions of the Authority and to establish compensation for them.

ARTICLE EIGHTEEN – AUDIT

The Board shall cause an annual audit to be made of its financial transactions by a certified public accountant and shall furnish a copy to each constituent municipality.

ARTICLE NINETEEN – PUBLICATION

These Articles shall be published once in the Manistee News Advocate, Manistee, Michigan, which newspaper has general circulation within the territory encompassed by the Authority.  One (1) printed copy of the Articles of Incorporation as printed in this newspaper, certified as a true copy thereof as provided below, with the date and place of publication shown by a publisher’s affidavit of publication attached thereto, shall be filed with the Secretary of State and also the Clerk of the County of Manistee after the execution and publication has been completed.

The Onekama Township Clerk is hereby designated as the person to cause these Articles of Incorporation to be published, certified and filed with the Secretary of State and the Manistee County Clerk.

All expenses for the publication of these Articles and all other expenses incurred in the incorporation and establishment of the Authority shall be paid by the constituent municipalities.

ARTICLE TWENTY – EFFECTIVE DATE

This Authority shall become effective upon the filing of certified copies of these Articles of Incorporation with the Secretary of State and the Manistee County Clerk.

ARTICLE TWENTY ONE – AMENDMENTS

These Articles of Incorporation may be amended at any time to permit a municipality to become a member of the Authority, if such amendment to the Articles of Incorporation is adopted by the legislative body of the county, city, village, township or charter township proposing to become a member, and if the amendment is adopted by the legislative body of each constituent municipality of the Authority.  Other amendments may be made to these Articles of Incorporation at any time if adopted by the legislative body of each constituent municipality of the Authority.  Any amendment shall be endorsed, published, certified and filed in the same manner as the original Articles of Incorporation, except that the filed and printed copies shall be certified by an officer of the Authority.

These Articles have been adopted by the five incorporating municipalities, as set forth in the following endorsements, and in witness whereof the designated officials of each constituent municipality have endorsed thereon a statement of such adoption.

The foregoing Articles of Incorporation were adopted by the Onekama Township Board of Trustees, County of Manistee, State of Michigan, at a meeting duly held on the ____ day of _________, 2017.

_________________________________ __________________________________

David Meister Michelle Johnson

Onekama Township Supervisor Onekama Township Clerk

The foregoing Articles of Incorporation were adopted by the Pleasanton Township Board of Trustees, County of Manistee, State of Michigan, at a meeting duly held on the ____ day of _________, 2017.________________________________ __________________________________

Carol Merrill Amy Cross

Pleasanton Township Supervisor Pleasanton Township Clerk

The foregoing Articles of Incorporation were adopted by the Arcadia Township Board of Trustees, County of Manistee, State of Michigan, at a meeting duly held on the ____ day of _________, 2017.

_________________________________ __________________________________

Doug Carter Patrice C. Wisner

Arcadia Township Supervisor Arcadia Township Clerk

The foregoing Articles of Incorporation were adopted by the Bear Lake Township Board of Trustees, County of Manistee, State of Michigan, at a meeting duly held on the ____ day of _________, 2017._________________________________ __________________________________

Bud Banker Jeff Harthun Deanna Pattison Carol Rosenberg

Bear Lake Township Supervisor Bear Lake Township Clerk

The foregoing Articles of Incorporation were adopted by the Village of Bear Lake Village Council, County of Manistee, State of Michigan, at a meeting duly held on the ____ day of _________, 2017._________________________________ __________________________________

Jeff Bair Cindi McPherson

Village of Bear Lake President Village of Bear Lake Clerk

Drafted by:

Eric D. Williams

524 N. State Street

Big Rapids, MI  49307

(231) 796-8945

edw1@att.net

Three Lakes Sewer Project – Q&A

As a text readable accessible document.

THREE LAKES COLLABORATIVE  SEWER INITIATIVE

Arcadia Township • Bear Lake Township • Onekama Township • Pleasanton Township • Village of Bear Lake

Information and Frequently Asked Questions

The following is general information and responses to questions posed by the general public about the “Three Lakes Collaborative Sewer Initiative,” an effort involving five municipal units of government and the Little River Band of Ottawa Indians (LRBOI).

The current goal of the five municipal units of government is to determine and evaluate the financial feasibility of a sewer system that would connect portions of their governmental unit with the wastewater treatment facility owned and operated by LRBOI. Another municipal unit of government, Manistee Township, connected their commercial corridor on US 31 with the LRBOI facility in 2016.

Individuals, groups and agencies may submit questions they have about the project so that answers can be provided.

Local Unit Name Email 

 Arcadia Township Doug Carter mbuzi0775@gmail.com or Greg Wisner 

trusteewisner@arcadiatwpmi.org

 Bear Lake Township Jeff Harthun harthunj@manistee.org 

 Onekama Township David Meister musclecars@jackpine.net 

 Pleasanton Township Judy Girven jgirven@ymail.com 

 Village Bear Lake Jeff Bair jeffbair4@gmail.com or Clerk Cindi McPherson bearlakeclerk@gmail.com

Please refer to the previously submitted questions to see if yours were answered.
Sewer Project Meetings tomorrow, March 17

General Project Information – Three Lakes Collaborative Sewer Initiative

  • How did this initiative begin?

Onekama Township explored options to help protect Portage Lake water quality and develop capacity needed by the new owners of Portage Point Inn through a sewage collection system serving residential and commercial customers along the lakeshore, except for those already served by the Village of Onekama’s wastewater treatment plant. It was concluded that the Village of Onekama’s wastewater treatment plant did not have sufficient capacity for the Township. It was determined that the treatment plant owned and operated by the Little River Band of Ottawa Indians (LRBOI) had capacity and that the LRBOI would make that capacity available to Onekama Township and other neighboring local governments if interest existed. Because of LRBOI’s partnership, Onekama Township felt that the capacity and a collaborative project might be of interest to neighboring local governments.

  • How did the initiative expand to include other local governments?

The Alliance for Economic Success (AES) was assisting Onekama Township, partly because of the importance of the project to the renovation and restoration plans of Portage Point Inn. When it was known that LRBOI had the potential to handle municipal waste from Onekama Township and neighboring jurisdictions, the AES and Onekama Township contacted the other local governments to assess their interest in the project

All of the partnering local governments passed resolutions agreeing to join in Phase 1, the initial exploratory phase of the project, that focused on gaining a preliminary understanding of the viability of the project. This phase required no financial commitment by the parties.

  • What are the goals of the initiative?
    • Water Quality. To protect and preserve the Portage Lake, Bear Lake, Arcadia Lake and Lake Michigan watersheds from pollutant threats from on-site waste disposal systems. This includes both surface and ground waters.
    • Economic/Community Development.  To enable business development in keeping with local plans and objectives that require municipal wastewater capacity
    • Realize Collaborative Benefits. Through collaboration, engineering and construction costs for the system designed to accommodate all participating municipal units will be shared. In addition, because of collaboration, there would be a coordinated approach for preparing the financing application, constructing and operating the system.
  • What is the next phase of the project as of March 2017?

Local governments that participate will do two things in Phase 2 of the project.

    • Form a Sewer Authority to Seeking Funding and Manage the Project. There will be approximately

$10,000 in legal fees required to establish a Sewer Authority and to create bylaws, operation policies, and procedures. All local governments that participate will have representation on the Sewer Authority. The formation of an authority is required to submit one financing application to USDA Rural Development on behalf of the participating local governments. Participating local governments will want to have their respective legal counsel review the documents involving the creation of the sewer authority. The ad-hoc team from the local governments that have been involved in the project have selected Attorney Eric Williams of Big Rapids to help form the authority. Mr. Williams has significant prior experience with multi-governmental projects, including sewer authorities and has no representation that could pose a real or perceived conflict of interest. Mr. Williams was retained as a counsel in the collaborative sewer project involving the Little River Band and Manistee Township and by Filer Township in the collaborative sewer project.

    • Complete a USDA Rural Development Financing Application. Wade Trim will prepare the project funding application. Wade Trim has worked with LRBOI on the Filer Township project and in the initial application between Onekama Township and USDA Rural Development. The typical cost for an application for a governmental unit is $10,000. Because of the number of local governments participating and the fact that some of the data required exists, the total application development costs will be $30,000 spread amongst the five local governments.

Assuming all five local governments remain in the process, each will need to contribute approximately $10,000 in attorney fees + $30,000 for engineering fees = $40,000/5 = $8,000 from each local government.

However, the Authority will be eligible to apply for a planning grant through USDA Rural Development of up to $23,000. If this application is submitted and awarded, that would reduce the total cost of the next phase of the project to $17,000 ($40,000 – $23,000 = $17,000). If this should happen, the equal share that would be contributed by the partnering local governments would be $3,400. Because of limited funds, the planning application should be submitted to USDA by no later than mid-April 2017.

  • Can a participating local unit cease participation in the project?

Yes. A participating local unit of government can stop participation in the project at any time.

  • What is the primary source of funding for the project?

USDA Rural Development is the primary source of financing for this initiative. USDA is the preferred source of funding for a project such as this that has the capability to provide both grant funds (that do not have to be repaid) and long term loan funds at a favorable rate of interest. However, there may be attempts to secure additional non-federal funding as well depending upon the response from USDA.

  • Do we know who is and is not to be included in the sewer district?

There will be a preliminary sewer district mapped by the time of the March 17-18 public meetings.

  • What is the Total Estimated Cost of the Project?

With all local units involved, we believe the total project cost may be approximately $37 million. ($40m) We want to emphasize the work “approximately” since the actual cost of the project will only be known once final design and engineering is completed and bids are let and received within the expected cost of the project.

  • What is the grant and loan funding that USDA will provide for this project?

We will not know the answer to this question until a formal grant application is submitted to USDA and we receive a proposal from them. On a preliminary basis, we anticipate that:

  • The total amount of the project would be proposed to be funded by USDA with a combination of grants and loans.
  • The amount expended by the sewer authority and local units would be reimbursable through funding for the project provided by USDA.
  • The interest term would likely by 40 years at a rate of interest that is more favorable than the rate of interest under any commercially available financing.
  • A meaningful portion of the project would be funded with through a grant.

The above are preliminary expectations based on prior experience and history. USDA, like all federal agencies, is subject to annual appropriations of Congress and support of the President. The Michigan USDA must then be provided an allocation of funding by the Washington USDA office.

One of the common difficulties with projects such as this is that people often form opinions about the cost of projects without accurate information. We urge that all interests not form opinions about financing until a firm proposal from USDA is received in response to a funding application.

  • What is Known about the Costs to End Users?

Much work needs to be completed before end-user costs are known.

A significant factor in determining end-user costs is the total number of users on the system. Typically, user costs can be broken into two categories: bond repayment and user costs after they are connected to the system.

  • Bond Repayment

As previously noted, we expect financing in the form of grant funds and a low-interest, long-term loan through USDA Rural Development.

Oftentimes, a special assessment is established by the Sewer Authority or local governmental unit to repay the loan through a bond. This loan repayment is usually spread over 40 years and the resulting annual bond repayments are passed on to the residents/businesses/properties that benefit from the project. An individual may choose to pay off his or her share early of the bonded indebtedness that is the subject of a special assessment. The monthly payment is determined based on residential equivalent units (REU’s). One REU is equivalent to one single family home. Commercial businesses could be assessed a number of REU’s. For example, a hotel with 50 rooms might be assessed 30 REU’s. The number of REU’s assessed is usually based on an adopted REU calculation chart. The fee can also be placed on property taxes and paid that way rather than monthly. Once the assessment is established, it would not change until the bond is repaid.

  • User Costs

Once a business or residence connects to the system, a monthly or quarterly bill will be sent to the user by the Authority to account for transport and treatment of the wastewater. This fee covers the cost of operation and maintenance of the system including treatment of the wastewater. The individuals representing the local governments in this process have agreed that the LRBOI is best suited to manage operations and maintenance.

  • Who has to hook up to a sewer?

The requirement for connecting to the sewer line would be established in the sewer ordinance established through the Authority. Usually, the funding agency, (in this case USDA Rural Development) requires connection by users within a certain distance of the sewer line within a specific timeframe (18 months is typical). The cost to hook up is not yet known but it usually is established to cover the construction cost to hook up and the cost per REU as determined from the assessment.

  • What is the Estimated Schedule for the Project?

Milestone Approximate Date

Pass resolution kicking off formation of Authority March 15, 2017

Form Sewer Authority April 14, 2017 or sooner

Submit Planning Grant Application April 28, 2017

Submit Financing Application to USDA October 2017

Receive Response from USDA on Financing January 2018 Application

Design Begins April 2018

Finalize design/USDA submittal items/Permits December 2018 Open Bids March 2019

Start Construction May 2019

  • What Can You Tell Us About the LRBOI Facility?

The L.R.B.O.I. Utility Department is comprised of five staff members, Supervisor, Operations Coordinator and three Utility Operators. The treatment system consists of 180,000 gallons per day Sequencing Batch Reactor and a 200,000 gallons per day Aerated Lagoon System. Total capacity for treatment is 380,000 gal per day. The current flow rate is an average of 93,000 gallons per day. Manistee Township has reserved 75,000 gallons per day and they are currently at an average of 35,000 gallons per day.

Available capacity is estimated at 247,000 gallons per day. Our Services to date are:

Water Distribution and Sewer Collection and Treatment: Tribal Housing Area, Little River Casino Resort, Convenience-Store, Community Center and Government  Complex.

Water Service: L.R.B.O.I. Justice Center and Little River Casino Warehouse.

Sewer Collection and Treatment Manistee Township: Since May 23, 2016 West Shore Medical Center, NW MI Health Center, Manistee Medical Care Facility and County Jail. As of September 23, 2016 Townline Unlimited tied into the system.

We have an MDEQ approved septage receiving station (25 radius) and our laboratory is EPA certified for Total Coliform / E-Coli for the water distribution system. We have a combined twenty-three MDEQ Licenses for water distribution and sewer collection and treatment. We have thirty-five years L.R.B.O.I. Government experience combined. The current staff also has thirty eight years Military experience combined.

The staff has rotational duties for on-call status. The on-call staff member responds to any emergencies 24/7. Our systems are on an auto dialer for emergency call-out. We have standby generators for critical infrastructure. Annual inspections are completed for the water distribution and sewer collection and treatment systems by Sanitation Engineers from the Indian Health Service. The Indian Health Service is a Division of the Department of Health and Human Services.

Memberships include; American Water Works Association (includes MI Section), Michigan Rural Water Association, Michigan Water Environment Association and the Native American Water Association.

One of our goals is to assist in keeping the watersheds environmentally safe using the best practices for waste water collection and treatment.

Office Hours: M-F 7:00 a.m. to 3:30 p.m. Office: 231-398-2299

Fax: 231-398-6607

2539 Dontz Rd.

Manistee MI, 49660

  • Questions and Answers

Following are answers to questions that have been submitted to date by the general public.

  • Are all of the residents of a Local Unit affected by the project or are just residents of certain parts of a Local Unit?

Just residents of certain parts of the Local Unit will be affected. The system is being put in place to help preserve the local resources around Portage Lake, Bear Lake and Arcadia Lake.

  • What is the % and/or dollar amount that the USDA project grant will provide?

Currently the amount is unknown. We will not know that level of funding until an application has been made to rural Development and they issue their “letter of Conditions” outlining the low-interest loan and grant levels.

  • Will the costs for the individual participating Local Units be made public?

Being that the Sewer Authority would be in charge of the system, they would set the user costs and these would be the same for all users served. The information will be made public.

  • Will costs projections show the costs should 1, 2, 3 or 4 of the Local Units or, a combination thereof, opt out?

To be feasible, we believe the system needs all local units to participate. Should one unit not participate, the funding parameters would change and the system may no longer be feasible. Due to this, cost projections addressing one or more units from opting out, have not been completed.

  • Will the costs for the individual participating Local Units be used to determine their REUs costs or will the cost for the individual participating Local Units be lumped together and then divided equally among all affected REUs?

The costs would be split up equally amongst all users of the system.

  • Will REUs be required to connect to the system or will they be able to opt out?

Once the application is made to Rural Development is made, and should the project move forward, they expect all anticipated users to become part of the system and do not provide for “opt-out” opportunities.

  • If an REU can opt out, will there be a penalty to do so and/or will the REU still continue to have to pay for the system?

Once the sewer district is set and the various REU’s included, opting out of the project generally is not an option. The application is made for funding based on a specific service district and number of REU’s. The number of REU’s is very important to determine funding levels and user costs.

  • If an REU connects to the system, will they be required to dismantle their septic system drain field and, if so, would it be at their expense?

If connection is made, yes, the existing septic system would be required to be abandoned following State health department requirements. Typically, this is a cost born by the property owner.

  • What will be the cost of connecting to the system?

Since we do not know the levels of funding provided by Rural Development, we do not know how much will need to be passed on to the system users. Any numbers provided prior to this point would speculative and could change dramatically.

  • What happens if a REU connects to the system and subsequently doesn’t pay their initial hookup and/or ongoing maintenance costs?

Typically, connection would not be allowed prior to payment being made. In a rare instance something like this may happen and the costs can be placed on the property taxes.

  • How will ongoing REU’s user costs be determined and assessed?

The Sewer Authority will periodically review the system expenses and compare these to the system charges (income) and, if needed, would adjust the user rates to cover the costs and required set-aside monies.

  • What kind of system is being considered – typical concrete sewer pipe or “grinders”?

Being that much of the collection system is around lakeshores, the topographic elevation does not change much and the use of gravity lines become difficult and expensive. This project proposes the use of a low pressure collection system that utilized individual pump stations at each connection.

  • Will this project be subject to a vote by affected REUs?
    {This question was not answered by the Project Organizers but the answer is ‘yes’. By law upon notice of the proposal to seek bond approval a certified petition can call for a Referendum vote}
  • What is the formula that would be used to assess REUs for any loan amount?

We anticipate a special assessment to be enacted for properties within a defined sewer district. This would account for both vacant and improved properties. While a formula has not yet been determined for this project, a typical vacant parcel formula would be 1 REU per residential lot, or in the case of acreage, 1 REU per 100 feet of frontage on the road plus 1 REU per acre.

  • What will be the cost of the bond to repay any loan and who pays for the bond?

Since we do not know what the funding levels for loan and grant will be for the project, we do not know how much money will need to be repaid. Once this is determined a cost per REU will be determined and assessed to property owners. It is the property owners in the sewer district that repay the bond.

  • Is the governing body, the Sewer Authority, subject to any state laws or under the auspices of a state agency? {This question was not answered by the Project Organizers}
  • What will be the makeup of the Sewer Authority?

Representatives from the 5 participating municipalities.

  1. If someone wants to register a comment with a state and/or federal legislator(s) and/or the USDA Rural Development authority, what is the contact information?

U.S. Senator Gary Peters (202) 224-6221

U.S. Senator Debbie Stabenow (202) 224-4822

U.S. Representative Jack Bergman of Michigan’s 1st Congressional District (202)225-4735

Michigan Senator Darwin Booher – 35th District (517) 373-1725

Michigan Representative Curt VanderWall-101st District (517) 373-0825

USDA Rural Development Programs Director, Christine Maxwell (517) 324-5208

  • When is a vote scheduled on the sewer proposal?

A vote will not be scheduled until after the application for USDA funding has been received, late 2017 or early 2018.

  • How will the sewer pumping stations be monitored for problems: i.e. loss of power to pumps, sewage backup, a line break?

The main lift stations will be monitored through control systems that alert the operators if there are issue such as a pump failure, high water alarm etc. The sky is the limit on control options so if a SCADA (specific control and data acquisition) system is utilized the system could even be operated from a remote location or smart phone.

  • Will there be the potential for sewage overflows or backups and, if so, how and where?

With any sewage collection system there is a potential for backups just like there is for individual septic systems. Backups can be caused by the individual home pump failing, power outage, or larger issues such as a plugged line main lift station failure etc.

  • What is the plan should the sewer pumping stations experience a loss of power, sewage backup or line break?

Each municipal collection system has a specific procedure for dealing with backups and/or failures. These are developed specific to each system and are part of the requirements each system must have when obtaining a permit from the State of Michigan. At large lift stations we would have on-site, permanently mounted generators with automatic transfer switches and startup in case of a power outage.

  • Will there be a plan to establish a “rainy day” fund for future unanticipated expenses and, if so, what will be the formula?

Yes. Emergency or “rainy day” funds will be incorporated into the user rates and set aside in case they are needed.

  • Will there be a sewer project implementation timeline published for each participating Local Unit and each REU within?

Yes, once funding is secured, a project timeline would be better defined. At present construction would not start until 2019.

  • Will there be any sewer lines connect to any existing sewer systems?

All of the participating communities will be connected together but currently none have any existing sewers. The only existing infrastructure this would be connected to is the Little River Band of Ottawa Indians wastewater treatment facility.

  • Will the new sewer lines also serve a dual function as storm drain lines?

No. Only sanitary sewage will be allowed in the system. Combined systems (sanitary and storm water) are no longer permitted in the State of Michigan.

  • With an installation of a new sewer line, will there be a concurrent install of storm drain lines, particularly around bodies of water like Bear Lake?

No. The only storm facilities that would be installed are those that need to be replaced due to the construction of the new sanitary system.

  • Will procedures be emergencies be included in the cost estimates?

The systems will be owned by the Sewer Authority and not the specific municipalities. The procedure for handling emergencies will be the same across the board regardless of where the issue arises. Either way, the method for handling emergencies does not affect the cost estimate.

Three Lakes Sewer – accessible documents

Here is a text outline from the PowerPoint Slides presented plus associated graphics.

Three Lakes Sewer Authority

Sanitary Sewage  Collection and Transport Project

March 17 and 18,  2017

Brian C. Sousa, P.E.

FAQʼs

1. What is the project?

2. What areas does it propose to serve?

3. What are the anticipated costs?

4. How will the Authority pay for the system?

What is the Project?

• Sewer collection system for “lakeshore properties”

• Delivery to Little River Band of Ottawa Indians(LRBOI) WWTP

• Treatment by LRBOI

Service District

• Lakeshore properties around or near Arcadia, Portage and Bear Lakes

• Serving the following municipalities:

– Arcadia Township

– Bear Lake Township

– Pleasanton Township

– Village of Bear lake

– Onekama Township

On your property:

What are the anticipated system costs?

There are three distinct segments to the project:

– Onekama Twp. and pumping to LRBOI $13,000,000

– Bear Lake Twp., Village and Pleasanton Twp. Collection $14,400,000
            and pumping to M-22

– Arcadia Twp. Collection and pumping to Onekama $12,600,000

TOTAL $40,000,000

How will the Authority Pay for the System?

• Apply for Planning Grant

• Complete full RD funding application

– Preliminary Engineering report

– Environmental Reviews

– Financials

• Receive Letter of Conditions

• Complete design, permitting

• Hold bid opening

• Loan closing

• Special Assessment to cover construction

• Monthly user Rates to cover O&M

Next Steps?

• Create Authority

• Apply for Planning Grant

• Complete RD Application

• Receive Letter of Conditions

• Assess conditions and potential user costs

Potential Schedule

Form Authority April 2017

Submit Planning Grant April 2017

RD Application Submittal October 2017

Receive Letter of Conditions January 2018

Begin Design April 2018

Finalize design/receive permits December 2018

Open Bids March 2019

Start Construction May 2019

LRB UTILITY DEPARTMENT

Annual O & M Inspections: I.H.S.. Sanitation Engineers  (Department of Health and Human Services)

On Call:: The staff rotates duties and one staff member is on call 24/7 

Back–Up Generator:: Critical infrastructure is on back–up generators 

Available Capacity to Treat:: 247,000 gallons per day

2 Aerated Cells, .200 MGD Capacity

Discharge is a Rapid Infiltration Bed, 533 lbs. B.O.D./Day with Irrigation System in the works  Available

Sewer Project Meetings tomorrow, March 17

On March 17, public meetings will be held at the Bear Lake School Library at 10 a.m. and again at 7 p.m., located at 7748 Cody Street, Bear Lake, Michigan.
Please note the original posting by the Village quoted wrong dates.
Subscribers to Bear Lake News have submitted the following questions which have been forwarded to both the Village and Township – together with, once again, a request for reasonable accommodation for those who are unable to attend through infirmity or disability. [i.e an audio/video recording or a full written transcript of the proceedings]
  • Alliance for Economic Success is not a governmental entity, therefore it’s actions are not subject to MI Open Meetings Act or FOIA. The Little River Band of Ottawa Indians is a sovereign nation and also not subject to these ‘Sunshine Laws’. I am curious how this project arrived at this level of development without any local notification or discussion at a public meeting held by the participating units of government? At what public meeting were the Township Supervisor and Village President authorized to take part in this steering committee?
  • Why was information originally bragged as ‘only being available here’ on a Facebook page not the public web sites of our elected governments?
  • I see all the authorizing documents have already been voted on – and NOW we have the public ‘information’ meeting? The downfall of the previous 2 sewer attempts was deliberate misinformation – if this is so important why not operate in public?
  • We applaud the effort to provide infrastructure for Downtown Bear Lake – however, why should local residents pay for something that will benefit a private developer?
  • Lake quality has consistently improved for the past several years – so environmental concerns are unfounded. What concerns me is the possibility of environmental damage caused by explosive development and storm water run off from newly paved areas?
  • At what public meeting was the decision made to hire this particular grant writer and Wade Trim? Why was there no Request For Proposals issued to see what other firms are qualified? Who do these individuals work for? AES or LRBOI? Who determined the rate of pay?
  • Is this system solely to provide commercial service? If so it should be financed as a Special Assessment.
  • If the intent is to run the main collection system along M22 – how much damage will this do to a designated Scenic Highway?
  • Looking at the rumor of using M22 as the main route – how on earth can the engineering of pumps and lift stations possibly accommodate the topography except at a huge cost? Is it $36 or $46m and how much of that is just to put in the pipe?
  • How will lift stations be powered unless a natural gas service line is installed? A fail safe back up power system must be installed for each to prevent a major leak.
  • To maintain enough pressure to lift that volume over that distance will require considerable energy costs. Is it even possible to allow private property hook ups to this main high pressure collection pipe?
  • The Tribal treatment plant states an increased capacity of 200,000 gallons per day – this is woefully inadequate if the intent is to add volume from Arcadia and Bear Lake. Assuming this is a Groundwater Discharge Permit – what additional MBR equipment will be in place to capture contaminants of emerging concern and the inevitable industrial waste which will follow commercial development?
  • Where does the LRBOI intend to disperse the increased biosolids?
  • If the LRBOI owns the treatment works – will they also be obligated to share in the costs of maintaining, repairing and replacing the collections system? If this is a P3 [Public/Private Partnership] what protections will there be for increases in fees and costs passed on to local citizens?
  • The current @ cost of running a main collection pipe is $0.5m per mile – how can this be justified in our rural communities? Unless plans are also afoot to turn M22 into a developed area?
  • You have stated that one rationale for this project is to protect three watersheds – how can you reconcile that statement when, should this project proceed, you will be diverting/withdrawing millions of gallons of precious groundwater from the Greater Bear Watershed and the Arcadia marshes?
  • With the Village set to construct 2 high capacity drinking water wells, and past Wellhead Protection Mapping showing the integral relationship between Bear Lake itself and the groundwater fed aquifer – if all that produced water is then diverted to Manistee, will this have the same affect of lowering Lake levels as has occurred, with disasterous results, in other such communities?
  • It would seem these people have no intent of listening to the wishes or suggestions of people who live here. This will be the third attempt to ram an overblown sewer project down our throats.
  • Will the ‘feasibility’ study look seriously at alternative, more sustainable, more affordable, service and collection/management systems and programs that could still include using the LRBOI Treatment Facility? There can be no justification for this length of collection for this stagnant rural population.
  • Certain individuals have claimed that this sewer is vital for growth and development. The Village of Onekama and Honor have been sewered for decades – where is the growth and economic investment there?
  • We, the US Tax payer have already invested millions in the Village of Onekama treatment system – why not use that?
[official notice]
FOR IMMEDIATE RELEASE
LOCAL GOVERNMENTS TO ASSESS FINANCIAL FEASIBILITY OF COLLABORATIVE SEWER PROJECT MANISTEE COUNTY, MICHIGAN
 — The governing bodies of five local units of government in ManisteeCounty have each passed resolutions to determine the financial feasibility of working together with the Little River Band of Ottawa Indians to establish municipal sewer capacity. Participating local governments including Onekama Township, Pleasanton Township, Arcadia Township, Village of Bear Lake and Bear Lake TownshipNext steps involve forming a sewer authority and submitting an application to the U.S. Dept. of Agriculture, Rural Development to determine the level of grant and loan funds available for the project.A grant application will be submitted soon to USDA to cover the majority of the costs associated with the preparation of the financing application by the firm Wade Trim on behalf of the Authority.
On March 17 and 18, three public meetings will be held to discuss the project. On March 17, public meetings will be held at the Bear Lake School Library at 10 a.m. and again at 7 p.m., located at 7748 Cody Street, Bear Lake, Michigan.
On March 18, a public meeting will be held in the gymnasium at the Pleasant Valley Community Center at 10 a.m., located at 3586 Glovers Lake Road, Arcadia, Michigan. Anyone interested may attend any and all community meetings. The meetings will include participation by the participating local governments and the firm Wade Trim. The local governments have invited questions about the project and responses to those questions will be provided as part of the meeting. Apurpose of the meetings is to identify additional questions that individuals or other entities may have so that answers can be provided either during the meeting or in follow up to the meeting.Another set of public meetings will be held later this year to provide an update about the status of the project. The response from USDA on the availability of grant and loan funds for the project is estimated to be available late in 2017.The local units are developing the funding application to USDA to determine the financial feasibility of developing a sewer pipeline system that would connect with the wastewater treatment plant inManistee Township that is owned and operated by the Little River Band of Ottawa Indians. The local governments are collaborating because of their shared interest in protecting water quality in three high quality watersheds, enabling planned development that needs sewer infrastructure and taking advantage of the economic benefits of collaboration in the project.Questions about the project may also be submitted by:
Emailing them to the Alliance for Economic Success at: susan@allianceforeconomicsuccess.com
Phoning them to the Alliance for Economic Success at 231-723-4325
Sending them to the Alliance for Economic Success by telefax to fax no. 231-723-3717

AGENDA: Village of Bear Lake Council Meeting. March 15, 2017 7:00 p.m

No response was received to a request for reasonable accommodation for those who are unable to attend due to employment, disability, infirmity by speakerphone.

AGENDA
Village of Bear Lake Council Meeting

March 15, 2017
7:00 p.m. – Village Hall

  1. CALL TO ORDER and PLEDGE OF ALLEGIANCE
  2. ROLL CALL
  3. ADOPTION of AGENDA
    • Additions:
  4. 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:
      1. Email – Jason Wilder Evans
      2. Letter of resignation – George “Carver” Edwards
      3. Email – Kris Buckner (Bear Lake Days Committee)
  1. REPORTS/DISCUSSION
  1. MINUTES APPROVAL:
    1. Special Meeting – February 15, 2017

Regular meeting – February 15, 2017

Corrections: Clerk McPherson has a correction

    1. Special Meeting – February 22, 2017
    2. Special Meeting – March 1, 2007 (grant approval)
    3. Special Joint Meeting – March 7, 2017 (BL Water Improvement)
    4. Special Joint Meeting – March 13, 2017 (Kayak/Canoe, Fishing Pier)
  1. VILLAGE MAINTENANCE REPORT:
  2. TREASURER’S REPORT:
    Treasurer’s Report 2-28-17 This PC Documents

    1. Approval of Treasurer’s Report
    2. Amendments
  3. BILLS to be PAID:
  4. REIMBURSEMENTS to the GENERAL FUND:

FUND NAME DATES AMOUNT

Major Street 2/01/2017-2/28/2017 $654.50

Minor Street 2/01/2017-2/28/2017 $0

Park Fund 2/01/2017-2/28/2017 $0

Water Fund 2/01/2017-2/28/2017 $101.00

Equipment Rental $N/A

Total to transfer to General Fund = $1655.50

COMMITTEE CHAIR REPORTS:

  • PARK:
    • Park Improvement -Resolution
  • TREES:
  • STREETS:
  • WATER:
  • EQUIPMENT:
  • SIDEWALK:   
  • BLIGHT/CABA : Blight Enforcement Officer report
  • PLANNING COMMISSION:
  • MANISTEE COUNTY TRAIL COMMITTEE REPORT:
  • AD HOC COMMITTEE: Policy, Resolution & Ordinance Committee  – No report
  1. OLD BUSINESS:
  2. NEW BUSINESS:
  • Sewer – Articles of Incorporation
  1. PUBLIC COMMENT: General Time – Any Village-related item (three (3)-minute maximum)
    • Note: Members of the public will speak only when recognized by the chair person.
    • Items on agenda or not listed
  2. UPCOMING EVENTS and ANNOUCEMENTS:
  3. ADJOURNMENT

ARTICLES OF INCORPORATION – Three Lake -TRACK CHANGES 03 09 17

March 13: Kayak Launch Public Hearing update

The following has been posted to bearlakemichigan.org.

A request for information about the previous Notice, and reasonable access for those unable to attend, was made on March 7. Bear Lake News requested a copy of the proposal to publish to allow public comment.

VILLAGE OF BEAR LAKE

BEAR LAKE TOWNSHIP

NOTICE OF JOINT PUBLIC HEARING

REGARDING

NATURAL RESOURCES TRUST FUND APPLICATION

FOR PROPOSED KAYAK/CANOE LAUNCH AND FISHING PIER SITE

PLEASE TAKE NOTE that the Bear Lake Village Council and the Bear Lake Township Board will hold a joint public hearing to gather public input on a proposed joint Michigan Natural Resources Trust Fund application for the proposed kayak/canoe launch and fishing pier site located within Hopkins Park. The public hearing will be held on Monday, March 13, 2017 at 7:00 p.m. at the Bear Lake Village Hall located at 12376 Virginia Street, Bear Lake, MI 49614. The public is invited to attend and present its comments on the proposed Trust Fund application.

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.

Persons with disabilities needing accommodations for effective participation in the public hearing should contact either the Bear Lake Village Clerk or the Bear Lake Township Clerk at the above addresses as soon as possible in advance of the public hearing to request mobility, visual, hearing, or other assistance.

Date:March 7, 2017 Cindi McPherson, Village Clerk

Deanna Pattison, Township Clerk