On October 18, 2017 at the Regular Village Council Meeting:
Appointment of elected positions, clerk & treasurer – Clerk McPherson reviewed ordinance to council. Motion to adopt ordinance to change clerk & treasurer positions from elected to appointed by Schroeder, seconded by McPherson. Motion carried.
The Village supplied a copy of the Approved October Minutes to Bear Lake News on November 16, 2017. They have not, to date, published them on the Village Website.
PLEASE TAKE NOTICE that pursuant to MCL 62.1 (3) the Bear Lake Village Council, at its regular meeting on October .ta , 2017, enacted Ordinance No. 1 of 2017, which provides for the appointment of the Village Clerk and Village Treasurer.
RIGHT OF REFERENDUM.
The Ordinance shall become effective 45 days after its enactment without a vote of the electors, unless a petition signed by not less than ten (10%) percent of the registered electors of the Village is filed with the Village Clerk within 45 days after the date the Ordinance was enacted. If such a petition is filed, the Ordinance shall not become effective unless approved by a majority of the qualified electors of the Village at an election held on the question.
This notice is given pursuant to the requirements of MCL 62.1 (4). Cindi McPherson, Clerk Village of Bear take
VILLAGE OF BEAR LAKE
Ordinance No.1 of 2017
AN ORDINANCE TO PROVIDE FOR THE APPOINTMENT OF THE VILLAGE CLERK AND VILLAGE TREASURER. THE VILLAGE OF BEAR LAKE ORDAINS:
Section 1. Establishment of Offices.
As authorized by MCL 62.1 (3), the village clerk and village treasurer shall be chosen by nomination of the village president and appointment by a majority of the village council.
Section 2. Term of Offices.
The term of office of the village clerk and village treasurer shall be two years, beginning on November 20 of each even numbered year and until a successor is appointed. The persons first appointed as village clerk and village treasurer under this ordinance shall have an initial term of office commencing on November 20, 2018, or when the office becomes vacant, whichever occurs first. The persons appointed village clerk and village treasurer shall take and subscribe the oath of office and shall file it with the village clerk prior to taking office, together with the filing of any bond required by law.
Section 3. Effective Date.
This ordinance shall take effect 45 days after the date of its adoption, unless a petition signed by not less than ten percent (10%) of the registered electors of the village is filed with the village clerk within such 45-day period, in which case this ordinance takes effect upon approval at an election held on the question of whether this ordinance should be approved. Notice of the delayed effect of this ordinance and the right of petition under this section shall be published separately at the same time and in the same manner as this ordinance is published in a local newspaper of general circulation.
Section 4. Adoption.
This ordinance shall be adopted by an affirmative vote of at least two-thirds (2/3) of the members of the village council.
Section 5. Severability.
If any section, provision or clause of this ordinance or the application thereof to any person or circumstance shall be invalid, such invalidity shall not effect any remaining portion or application of this ordinance which can be given effect without the invalid portion or application.
Section 5. Publication.
The village clerk shall certify to the adoption of this ordinance and cause the same to be published as required by law. Ordinance No.1 was adopted on the 18th day of October, 2017, by the Bear Lake Village Council as follows:
I certify that this is a true copy of Ordinance No. 1 that was adopted at a regular meeting of the Bear Lake Village Council on October 18th , 2017 and published
in the Manistee News Advocate on October 27, 2017.
Dated: 18 October 2017 Cindi McPherson, Clerk October 27, 2017
****************
Pros
The rationale for proposing this change in Village Government is that someone elected to these positions may not have the necessary administration or financial management skills. In addition, as the electorate could choose a different candidate every two years this could result in disjointed institutional records.
Today, exercising the provisions as published, a Petition to hold a Referendum Vote of the registered voters of the Village of Bear Lake, signed by 48 individuals, on this matter was submitted to the Village Clerk.
Cons
Village tax payers should have a chance to vote on a decision that takes away their right to vote to Elect or Recall these two positions.
As the notice of the Ordinance, passed October 18, 2017 was only published once in the News Advocate and is nowhere on the Village web site, Village tax payers have a right to adequate time to consider this change.
These 2 positions account for over 1/3 of all collected property taxes.
Under this Ordinance neither appointees would be required to be village residents.
If there is concern that an elected Clerk or Treasurer, (neither are voting positions), may not possess sufficient skills to perform the duties – the same standard is not applied to elected Village Council positions that do have voting/decision making privileges.
An appointed Clerk and Treasurer would serve at the pleasure of the Council, opening the appearance of political/personal favor or leaving the appointee open to political/personal interference.
Yet to be resolved are multiple employment and human resources questions. Would they be employees or contractors?
Will these be ‘at will’ positions? Meaning that they could be dismissed without cause.
As the Ordinance states these will be two year appointed positions, a new person could be appointed every two years – invalidating the rationale of the desire for continuity.
Will changing the position affect withholding and benefits.
Before such a change is enacted, a comprehensive Job Description, hours of performance, manner of posting and interviewing candidates, insurance and Bonding costs should be presented.
What happens next
All signatures must be verified as qualified registered voters. The Petition must be accepted as meeting the 10% required threshold.
At that point a Special Election can be called but would be at the Village expense. The next scheduled Election Date is May 8, 2018
By 4:00 p.m., Feb. 13, 2018: Ballot wording of county and local proposals must be presented at the election certified to county and local clerks; local clerks receiving ballot wording forward to county clerk within two days. (168.646a)
The long journey to removal of the Variety Store is coming to an end. Following tax foreclosure, ownership of, and legal jurisdiction over, the structure fell to Manistee County.
On TUESDAY, September 19, 2017 the following report to Manistee County Commission was made by County Treasurer Pomeroy.
” TREASURER’S REPORT
Russ Pomeroy, County Treasurer appeared before the Board of Commissioners to present his monthly report. Mr. Pomeroy distributed the 2017 Tax Reverted Property Sale Report.
He also distributed and reviewed the Annual Report of Balance in Land Sale Proceeds
Accounts in accordance with MCL 211.78m (8) (h). The Net Balance in Land Proceeds Accounts for 2012 is $24,733, of which $10,000 is reserved against potential claims, with $121,551 balance of previous years report = $141,284 available to transfer to the General Fund.
However, Mr. Pomeroy does not recommend the transfer to the General Fund as the demolition and clean-up of the building in downtown Bear Lake is going to be costly and he would like to see the funds set aside for this purpose. Bid specifications have been released on the dilapidated asbestos building and bids are in the process of being submitted. Bids are estimated to be in the $150,000-$200,000 range. There are numerous possible sources of funds to help with the demolition expenses such as the Land Proceeds Accounts, a submitted Grant to the Revenue Sharing Board, the Foreclosure Fund, and a fund started by the Village of Bear Lake and citizen fundraising events. If the expenses outweigh the cleanup funds, entities that are affected by the taxes of the building will be charged back taxes from the property. The project did not qualify for state grants for blight elimination as there was no future utilization plan. The building and property became County property on March 31, 2017 in the Foreclosure Sale. It is hoped to have the cleanup done by the end of October 2017. Some of the cleanup costs may be able to be recovered if the property is sold in the future.”
It is understood that a bid has been received and accepted but the County has not released it’s November 21st Commission Meeting Minutes as of this publication.
Demolition falls under Federal EPA and State of MI rules:
NOTE: Conference Call-In to participate in meetings can be done by calling 1.302.202.1107, Conference code 149002. Note: a charge from your phone carrier could apply so if you are able we suggest using Skype or Google
AGENDA
Village of Bear Lake
PUBLIC HEARING MEETING
DPW Maintenance Building
November 15, 2017
7pm
Village of Bear Lake Hall
Call to Order
Pledge of Allegiance
Roll Call
Agenda Item
a. DPW Maintenance Building
Public Comment on agenda item (two-minute maximum)
Adjournment
AGENDA Village of Bear Lake Council Meeting
November 15, 2017 7:00 p.m. – Village Hall
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
Variety Store update –
MINUTES APPROVAL:
Regular Meeting October 18, 2017
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
Water Ordinance – held from June meeting
BUILDINGS, GROUNDS, EQUIPMENT:
Plow Truck Grant update
Maintenance Building update
BLIGHT/CABA:
CABA :
Blight Enforcement Officer report:
PLANNING COMMISSION REPORT:
MANISTEE COUNTY TRAIL COMMITTEE REPORT:
BEAR LAKE IMPROVEMENT BOARD REPORT:
TWO LAKES SEWER REPORT:
AD HOC COMMITTEE: Policy, Resolution & Ordinance Committee – Clerk McPherson
OLD BUSINESS:
Budget schedule
NEW BUSINESS:
Maintenance employee compensation – review
Bear Lake Township Water Service Franchise Ordinance – motion needed
Purchase of school property
Appointment of 3rd signature at Honor Bank
Water Review Board member – replacement
Follow up on items from October’s council meeting:
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:
There will be no community dinner on the 16th. We will be doing a Thanksgiving Dinner on Thanksgiving Day instead.
This Public Meeting will take place immediately before the Regular Village Council Meeting.
PUBLIC MEETING NOTICE
~~~~~~~~~~~~~~~~~~~~~~~~~~~
THE VILLAGE OF BEAR LAKE
will be having a Public Information Meeting on:
New DPW Maintenance Building
Meeting date: Wednesday, November 15, 2017
Meeting Time: 7pm
Location:
Bear Lake Village Hall, 12376 Virginia Street, Bear Lake, Michigan 49614
Persons with disabilities needing accommodations for effective participation in the public hearing/public meeting should contact the Bear Lake Village Clerk at 231.970.2066 or at the above address one week in advance to request mobility, visual, hearing, or other assistance.
Cindi McPherson Village Clerk
November 3, 2017 posted
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NOTE: Conference Call-In to participate in meetings can be done by calling 1.302.202.1107, Conference code 149002. Note: a charge from your phone carrier could apply so if you are able we suggest using Skype or Google
Earlier this year it was noted that the estimated cost of this building, financing being sought via a USDA Loan, was $310,000
June Village of Bear Lake 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
The Public Meeting should give an indication of the prevailing interest rate which at the time was 4%
A financial advisor has asked if the Village has considered a tax exempt locally funded loan which was how the Township financed our new fire engine. (1.9%)
We have not thus far received an Agenda for tonight’s meeting and will post here when we do.
This meeting will take place immediately before the Regular Village Council Meeting.
PUBLIC MEETING NOTICE
~~~~~~~~~~~~~~~~~~~~~~~~~~~
THE VILLAGE OF BEAR LAKE
will be having a Public Information Meeting on:
New DPW Maintenance Building
Meeting date: Wednesday, November 15, 2017
Meeting Time: 7pm
Location:
Bear Lake Village Hall, 12376 Virginia Street, Bear Lake, Michigan 49614
Persons with disabilities needing accommodations for effective participation in the public hearing/public meeting should contact the Bear Lake Village Clerk at 231.970.2066 or at the above address one week in advance to request mobility, visual, hearing, or other assistance.
Cindi McPherson Village Clerk
November 3, 2017 posted
********************************
NOTE: Conference Call-In to participate in meetings can be done by calling 1.302.202.1107, Conference code 149002. Note: a charge from your phone carrier could apply so if you are able we suggest using Skype or Google
Questions were asked about this proposed loan and building in June and August of 2017.
The Village amended it’s budget in June:
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
A property owner asked for more information concerning this item.
Hi Cindi
The June meeting of the Village Council indicates that a request was made by the USDA and Rural Development that the Village amend the Budget to reflect the monthly loan repayment for the new DPW building. I would like to formally request copies of any and all documents sent to the Village by the USDA and Rural Development regarding this matter.
Thank you
This was the response:
From: “Cindi McPherson, Clerk” <bearlakeclerk@gmail.com> Date: July 14, 2017 at 2:12:43 PM EDT Subject:Re: FOIA – USDA AND RURAL DEVELOPMENT LOAN LETTER RE: BUDGET AMENDMENT
I received a call from AES which stated we needed to show repayment of the loan for the DPW building in our budget. There were no documents involved.
Cindi McPherson, Clerk
Village of Bear Lake
And in response:
Thanks for your prompt response, Cindi. Sounds like will have to FOIA from USDA and Rural Development as I am sure they would have to put a requirement such as this in writing.
I’m surprised that the Village would not want something in writing to back up the request and the need to amend the budget.
Thanks.
**************
July 11:
Good afternoon,
we are concerned about this item in the June Village of Bear Lake 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
Under Michigan Freedom of Information Act Public Act 563 of 2014:
Please tell us, when did discussions commence regarding this loan? When was this discussed at a public meeting? As this intends to place an escrow and commit the General Fund does this require a published Notice of Intent? Does this loan require a renegotiation of the Qualifying Statement to authorize exceeding the Village debt to revenue ratio?
This is only the second time Bear Lake News has written an Editorial. As the masthead states, we print information not opinion.
On Veterans Day we make this exception.
On the eleventh hour of the eleventh day of the eleventh month in 1918, the most bloody example of human barbarity (to that point in history), World War One, came to and end.
The Village of Bear Lake sent its young men off from the platform of Kaleva railway station to that war, and some never came back from the killing fields of Flanders.
The Village has sent it’s share of service men and women to fight and uphold the spirt and principles of democracy in every war and ‘police action’ from the Civil War to this day. From the Grand Army of the Republic Reunion in Hopkins Park to the Rolling Thunder honor rides – we stand and pay tribute to those who serve, fought, were injured, or died defending the self evident principles of our government: for the people, by the people with liberty and justice for all.
For some returning from Korea, Vietnam, Iraq and Afghanistan the wounds are not so evident. Many carry the legacy of psychological or chemical trauma – but without exception they do not complain or define themselves by the horrors they have witnessed. They only ask for fair treatment and respect.
Surely not too much to ask?
Especially on this Veterans Day?
They came back here – to live, build homes, raise families, support the community and paid their taxes each year, every year, on time.
Because that’s how we raise our children here – with honor and integrity. That a debt paid is a credit earned in the life of this, or any, small community. Do unto others.
“We firmly believe in ‘open government’, ‘transparency’, ‘communication’”.
Do we really?
Consider these questions.
When is a ‘public’ document, well, ‘public’?
If a document is ‘public’, which ‘public’ does it belong too?
The one who paid for it to be created?
The one for whom it was created in the first place?
The one it affects, either by regulation or actual cost?
The one who then has the right to contest it?
When do the public have the right to request a ‘public’ document?
Running for Governor of the State of Michigan in 2018, current Attorney General Bill Schuette has this to say in his guide to the OMA_handbook_287134_7:
The Open Meetings Act (OMA) is 1976 PA 267, MCL 15.261 through 15.275. The OMA took effect January 1, 1977. In enacting the OMA, the Legislature promoted a new era in governmental accountability and fostered openness in government to enhance responsible decision making.
Using e-mail to distribute handouts, agenda items, statistical information, or other such material during an open meeting should be permissible under the OMA, particularly when copies of that information are also made available to the public before or during the meeting.
Excluding individuals – no one may be excluded from a meeting otherwise open to the public except for a breach of the peace actually committed at the meeting.
It’s worth looking at the opening preamble of PA 267 of 1976 itself:
Open Meeting Act of 1976
P.A. 267 of 1976
As amended through 2016:
AN ACT to require certain meetings of certain public bodies to be open to the public; to require notice and the keeping of minutes of meetings; to provide for enforcement; to provide for invalidation of governmental decisions under certain circumstances; to provide penalties; and to repeal certain acts and parts of acts.
(3) After the effective date of this act, nothing in this act shall prohibit a public body from adopting an ordinance, resolution, rule, or charter provision which would require a greater degree of openness relative to meetings of public bodies than the standards provided for in this act.
The State of Michigan Legislature published its own guide to the “Sunshine” Laws OpenMtgsFreedom in which the following introduction states:
Dear Citizen,
The ideal of a democratic government is too often thwarted by bureaucratic secrecy and unresponsive officials. Citizens frequently find it difficult to discover what decisions are being made and what facts lie behind those decisions.
The Michigan Freedom of Information Act, Public Act No. 442 of 1976, establishes procedures to ensure every citizen’s right of access to government documents. The Act establishes the right to inspect and receive copies of records of state and local government bodies.
The Open Meetings Act, Public Act No. 267 of 1976, protects your right to know what’s going on in government by opening to full public view the processes by which elected and nonelected officials make decisions on your behalf.
This guide to the Freedom of Information Act and the Open Meetings Act is designed to make it easier for citizens to keep track of what their government is doing.
“designed to make it easier for citizens to keep track of what their government is doing.”
The Open Meetings Act was amended in 2012 to require the inclusion of this language to all Village of Bear Lake meeting notices:
Persons with disabilities needing accommodations for effective participation in the public hearing/public meeting should contact the Bear Lake Village Clerk at 231.970.2066 or at the above address one week in advance to request mobility, visual, hearing, or other assistance.
Cindi McPherson Village Clerk
Any member of the ‘public’ is legally entitled to reasonable accommodation, to have the same ability to be an active participant in the business of their own government as if they were physically able to be present.
A reasonable accommodation would be a copy of the Meeting Agenda, the previous draft Minutes, the financial reports, any document of importance to be reviewed and discussed in the open public meeting – a facility easily afforded by many municipalities who simply post all that to their web site as the Meeting packet. A one time, cost saving, time saving ‘public’ service.
Which leads to our closing question – when a veteran makes a request to attend via telephone conference, can a FOIA request be required to receive those ‘public’ documents every other member of the public in attendance can simply walk up to the table and pick up for themselves?
Should a veteran be required to pay again in advance to receive the public documents his tax dollars have already paid for?
Should any unit of government spend his, and your, tax dollars for your municipal attorney to write a 9 page letter TitleVIFOIA1161706112017 (1) asking that veteran to prove his disability? (and send that same letter to others asking for the same reasonable accommodation)
Why, in good conscience would any municipality of 137 households do that?
……. As a municipal authority and a public body corporate, the Authority shall comply with the Michigan Open Meetings Act and Freedom of Information Act.
The reader asks – the following is the Notice of initial meeting of the Two Lakes Sewer Authority as published in the Manistee News Advocate and as reproduced as is by Bear Lake Township.
Here is the guidance document from MSU of how to post a Public Meeting under the revised 2012 Michigan Open Meetings Act.
15.264 Public notice of meetings generally; contents; places of posting. [M.S.A. 4.1800(14) ]
Sec. 4. The following provisions shall apply with respect to public notice of meetings:
(a) A public notice shall always contain the name of the public body to which the notice applies, its telephone number if one exists, and its address.
(b) A public notice for a public body shall always be posted at its principal office and any other locations considered appropriate by the public body.
15.265 Public notice of regular meetings, change in schedule of regular meetings, rescheduled regular meetings, or special meetings; time for posting; statement of date, time, and place; applicability of subsection (4); recess or adjournment; emergency sessions; meeting in residential dwelling; notice. [M.S.A. 4.1800(15) ]
(4) Except as provided in this subsection or in subsection (6), for a rescheduled regular or a special meeting of a public body, 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 internet presence 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 nonregularly scheduled public meetings and accessible via a prominent and conspicuous link on the website’s homepage that clearly describes its purpose for public notification of those nonregularly scheduled public meetings.
The reader notes that the Inaugural Meeting Notice was not posted on the web sites of either the Village of Bear Lake or Pleasanton Township. A word processed document, identical in format, was posted to the front door of the Village Offices on the day of the September 7 meeting.
The Two Lakes Articles of Incorporation state:
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.
….. 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.
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……
The Secretary shall be the recording officer of the Board.
“Board Members were sworn in to the Two Lake Collaborative Sewer Authority.
Meetings will be scheduled on the first Wednesday of each Month, starting with October 4, 2017 at 4:00 PM. The first meeting will be located at the Bear Lake Township Hall.
The Board acknowledged that the Open Meetings Act applies and public comments are accepted at the meetings.
*******************
The September Two Lakes Draft Minutes were approved at that meeting held on October 4 and not made publicly available until after that date.
“Two Lakes Sewer Collaborative: McPherson reported committee had discussion on communication methods with the public. They would like to post their minutes on Bear Lake Village website with links to Pleasanton, Onekama & Bear Lake Township.
Motion to appoint Jeff Bair as the alternate designee for the Two Lake Sewer Collaborative by Bass, seconded by McPherson. Motion carried.
Meetings will be the first Wednesday of each month at 4pm at Bear Lake Township Hall, next meeting is November 1, 2017.“
Draft October Minutes of the Two Lakes Sewer Authority are not available as they have not been approved.
Members of the public who arrived to attend the November 1 meeting found a note posted to the door at Bear Lake Township that the meeting had been cancelled there being nothing to discuss.
The reader asks:
was the notice for the September 7 meeting posted in compliance with the Open Meetings Act.
Where and when should meeting Minutes, draft and approved, as well as the officially adopted schedule of meetings be publicly available.
Where and when should notice of cancellation of meetings be publicly available.
These are questions best raised under the guidance of the MI Open Meetings Act:
15.270 Decisions of public body; presumption; civil action to invalidate; jurisdiction; venue; reenactment of disputed decision. [M.S.A. 4.1800(20) ]
Sec. 10.
(1) Decisions of a public body shall be presumed to have been adopted in compliance with the requirements of this act. The attorney general, the prosecuting attorney of the county in which the public body serves, or any person may commence a civil action in the circuit court to challenge the validity of a decision of a public body made in violation of this act.
(2) A decision made by a public body may be invalidated if the public body has not complied with the requirements of section 3(1), (2), and (3) in making the decision or if failure to give notice in accordance with section 5 has interfered with substantial compliance with section 3(1), (2), and (3) and the court finds that the noncompliance or failure has impaired the rights of the public under this act.
The Village does not post it’s draft Minutes or any documents associated with them either in draft form or with the Approved ones.
Two items specifically highlighted by reviewers:
1. Section 64.21 of the GLV Act states that the president and each trustee shall receive compensation only as provided for by ordinance. The ordinance shall specify how the compensation is determined and how it is paid.
Section 64.21 of the GLV charter states that compensation shall be determined by ordinance. If the Village ordinance states that council members cannot get pay increases during their terms, then the pay increase will have to take effect after the next election.
There will be a stand alone update on the Two Lakes Sewer Authority and it’s schedule of meetings.
Village of Bear Lake Council REGULAR MEETING
October 18, 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 p.m. at the Village Hall. Pledge of Allegiance was said.
Present: President: Jeff Bair Council: Peggy Bass, Marla Evans, Greg McPherson, Joanne Schroeder and Ron Ronning
Treasurer: Sally King, Clerk: Cindi McPherson, Staff: Jared Bair and Larry Gibson
Absent: Jackie Johnson
Guests: Six (6) guests signed in
Motion to Adopt the Agenda as presented with additions by Ronning and seconded by McPherson, motion carried.
Ayes: Bass, Evans, Johnson, G. McPherson, Ronning, Schroeder, Bair
Nays: none
Absent: Johnson
Additions & correction: Pauline Jaquish and Don Brisbin to be added after Reimbursements to General Fund and Act 51 non-motorized money should be under Streets, Trees, Signs, Lights. Sidewalks not under Water.
Public Comment:
None
Correspondence: Read by clerk:
Resignation letter from council member Joanne Schroeder was received & read by the clerk.
A motion to accept Joanne Schroeders resignation letter was made by Schroeder, seconded by Bass. Motion carried.
Ayes: Bass, Evans, Johnson, G. McPherson, Ronning, Schroeder, Bair
Nays: none
Absent: Johnson
REPORTS:
Approval August 23, 2017 Special Meeting:
Motion to approve minutes from August 23, 2017 Special Meeting with correction by Bass, seconded by McPherson. Motion Carried.
Motion to approve minutes from September 20, 2017 Regular Meeting by Schroeder, seconded by Ronning. Motion Carried.
Aye: Evans, McPherson, Schroeder, Ronning, Bair
Nay: None
Abstain: Bass
Absent: Johnson
Corrections: Change holiday banners to winter banners
Maintenance Report: Reviewed by Jared Bair. Written report on file with October 2017 minutes
Treasurer’s Report: Reviewed by King. Written report on file in the October 2017 minutes binder. o Amendments to Budget 2017-2018 ▪ A motion was made to approve amendments as listed below to the 2017-2018 budget by Bass, seconded by Ronning. Motion carried.
General checking/savings total 62,917.23
Water checking only 22,627.80
Money Market Account 10,071.52
Park checking/savings total 19,865.16
Park CD#2 33,065.98
Major Street checking/savings total 38,388.14
Minor Street checking/savings total 13,176.20
Equipment Fund checking/savings total 3,059.65
Honor Bank CD 26,029.93
Motion to accept the Treasurer’s Report as read by McPherson seconded by Bass, motion carried.
Addition: Under Park, Bear Lake Improvement Board, $441.00, #531.000.955, Park total bill is $796.66. Total of all bills to be paid – $7,096.73
Reimbursements to the General Fund were read by President Bair.
Reports by Pauline Jaquish – Pauline gave a report on the blighted Variety Building. Bids have been sent for the take down & removal of the Variety Building and have received one bid. Company will need to apply for permits. Safety barriers & CERT team will be in place. The white building behind the Variety Building is back for sale. Information on it can be found at manisteecounty.gov/treasurer
Additional report on AES (Alliance for Economic Success). AES has a one (1) year contract with the county of Manistee.
Jaquish reported that AES has assisted in getting over $300k in grant/trust money for Manistee county & surrounding area.
Don Brisbin announced he will be stepping down from the Bear Lake Improvement Board and wanted to thank the Bear Lake Village Council for their support. It will be up to the BL Improvement board to find a replacement.
Committee Chair Reports:
Park: Park committee met during past month & tonight presented suggestion for new fee structure for the 2017 season.
Motion to approve Hopkins Park rate increases and cancellation fees for 2018 by Ronning, seconded by Evans. Motion Carried.
Daily $25 to $27 lake front lots
$20 to $22 back lots
Monthly $500 to $550 lake front lots
$450 to $500 back lots
Seasonal $1800 to $1900 lake front lots
$1500 to $1600 back lots
Deposits are half of rate.
Cancellation fees:
Seasonal – less than 30 days of stay ½ deposit, more than 30 days notice -$25.00
Monthly – less than 15 days of stay ½ deposit, more than 15 days notice -$25.00
Daily – less than 7 days of stay ½ deposit, more than 7 days, $10 cancellation fee
Motion to have Park Manager do a report on Hopkins Park for each meeting with the Occupancy/Vacancies, Total Deposits, Total Expense, Projects and Park Needs by McPherson, seconded by Bass. Motion Carried.
Motion to approve the Hopkins Park ad in the Manistee County Visitors Bureau magazine/website, cost no more than $230 by Ronning, seconded by Bass. Motion Carried.
Water Ordinance – No Well Ordinance; Evans will work with Johnson, Jared Bair & Gary McBride on this. President Bair will contact Johnson.
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.
President Bair has changed the amount with the Grant Revenue Sharing to $22,000.00.
Blight/CABA:
CABA: Rick Farfsing reported that CABA supports AES and their help. Their communication & transparency needs improvement. Without AES Bear Lake probably would not have had as much access to grant money, we thank them for their support.
BLIGHT: Blight Officer report on file in the October Minutes folder. Discussion with the Blight Hearing Officer will be needed for some areas of blight. Clerk & President will follow up with Mr. Lutz on paper work.
Planning Commission: Chairperson Barb Farfsing gave a report on Planning Commissions October meeting. Report on file in October minute folder.
We are continuing to review the traditional zoning ordinances and form based codes from communities that already have them in place. We want to make sure that whatever is chosen is the right fit for Bear Lake.
Continued discussion on Streetscape, Hopkins Park, open air venues, multi-family housing, music on the deck, bringing business to downtown area (what buildings are available and are the landowners willing to rent them).
Clerk McPherson & Farfsing attended the second half of the Redevelopment Ready Community seminar in Lansing; a state-wide program to teach communities how to be ready for development, invest & reinvest in their communities.
Manistee County Trail Committee Report: McPherson stated next meeting is December 9, 2017.
Bear Lake Improvement Board: McPherson reported lake survey took place the end of August, treated 14 acres this year. Possibility of changing their auditors for 2018. BL Improvement audit will be on their website. Don Brisbin is stepping down as chairman. Next meeting will be December 21, 2017 at 7pm at Bear Lake Township.
Two Lakes Sewer Collaborative: McPherson reported committee had discussion on communication methods with the public. They would like to post their minutes on Bear Lake Village website with links to Pleasanton, Onekama & Bear Lake Township.
Motion to appoint Jeff Bair as the alternate designee for the Two Lake Sewer Collaborative by Bass, seconded by McPherson. Motion carried.
Meetings will be the first Wednesday of each month at 4pm at Bear Lake Township Hall, next meeting is November 1, 2017.
Ad Hoc – Policy, Resolution & Ordinance Committee – No report Looking for a volunteer student to help out. Working with Jeff Harthun for a possible student.
OLD BUSINESS
Healthcare stipend; Motion to give Jared Bair a monthly stipend of $225.00 to begin January 2018 for one (1) year by Bass, seconded by McPherson. Motion carried.
Aye: Bass, Evans, McPherson, Ronning, Schroeder,
Nay: none
Abstained Bair
Absent: Johnson
Appointment of elected positions, clerk & treasurer – Clerk McPherson reviewed ordinance to council. Motion to adopt ordinance to change clerk & treasurer positions from elected to appointed by Schroeder, seconded by McPherson. Motion carried.
Update by clerk McPherson on winter banners & snowflake lights, all on track.
NEW BUSINESS
Clerk McPherson and Treasurer King presented to the council the opportunity of updating & correct set up of Quick Books for both positions. Total cost would $4,900.00 which includes software & set up of Quickbooks. This would be done through Baird, Cotter & Bishop, P.C. Motion to go ahead with the updating and set up of Quickbooks with Baird, Cotter & Bishop by Bass, seconded by McPherson. Motion carried.
Quick review of upcoming budget process by clerk McPherson asking committee chairs to review upcoming needs to report at next meeting.
Follow up on item from September monthly meeting.
Schroeder reported the trees have been planted on Wise, Baker property.
COUNCIL COMMENT:
None
PUBLIC COMMENT:
Don Raiff – thank you to AES for their help in the village with the master plan & approx. $50K in grant money. He would like to see a balance report done on the Blight Elimination Fund at each meeting.
Larry Gibson is looking for new CERT Team members. Training class on October 20, 2017.
Barb Farfsing had blight concerns regarding properties on Virginia Street & Cody/Lynn Streets. Gibson to follow up.
Sally Gibson asked about Council member Schroeder’s vacancy position. A resident in the village will be appointed by the council, per President Bair.
COMING EVENTS
Community dinner at Bear Lake United Methodist Church – Thursday 10/19
Bear Lake Promoter’s After Hours event – Pleasanton Greenhouse – Thursday 10/26
Trunk or Treating event – Tuesday 10/31
Meeting adjourned at 9:04p.m.
Respectfully Submitted,
Cindi McPherson, Clerk
REIMBURSEMENTS TO THE GENERAL FUND AND EQUIPMENT FUND:
WAGES September 2017 Amounts
Water Fund 591-000-702 $312.00
Park Fund 531-000-702 $1,153.50 – 598.89 = 554.61
Note: $598.89 too much transferred in July 2017 out of Park wages
Major Fund 202-463-702 $396.50
Minor Fund 203-463-702 $279.00
TOTAL $1,542.51
EQUIPMENT RENTAL September 2017 Amounts
Water Fund 591-558-943 $189.75
Major Fund 202-463-943 $712.00
Minor Fund 203-463-943 $356.00
TOTAL $1,257.75
Bills To Be Paid with addition October 18, 2017 Fund
When must the minutes be available – proposed minutes must be made available for public inspection within eight days after the applicable meeting. Approved minutes must be made available for public inspection within five days after the public body’s approval.{MCL 15.269]
When must the minutes be approved – at the board’s next meeting.[MCL 15.269(1)]
Corrected minutes must show both the original entry and the correction (for example, using a “strikethrough” word processing feature).
MINUTES [Note: Numerous requests to receive a copy of the draft minutes received no response. These Minutes were not approved in September but at the October meeting]
THE VILLAGE OF BEAR LAKE COUNCIL SPECIAL MEETING
Bear Lake Village Hall, 12376 Virginia Street
August 23, 2017 at 6:00pm
Approved Minutes with correction (cmc)
Called to Order by President Bair, 6:01pm
Pledge of Allegiance was said
Roll call: President Bair, Treasurer King, Clerk McPherson Staff; Jared Bair Council: Bass, Evans, Johnson, McPherson, Ronning and Schroeder Absent: Gibson
Guests: six (6) guests signed in
Motion by McPherson to adopt the agenda, seconded by Bass. Motion Carried.
o Yay: Bass, Evans, Johnson, McPherson, Ronning, Schroeder and Bair
o Nay: None
Motion was made by Ronning to pay employee (Jared Bair’s) health insurance with a separate check to be issued at the first pay for the next 3 months, starting in September 2017. Gross $230.10, Federal $0, FICA $14.27, Medicare $3.34, State $9.78. Jared will cover any additional amount due. Seconded by Schroeder. Motion Carried.
o Yay: Bass, Evans, Johnson, McPherson, Ronning, Schroeder and Bair
o Nay: None
Note: Letter received from Blue Cross Blue Shield, the village could not make Jared’s insurance payment as the village was not a “blood relative” according the “Affordable Health Care Act”.
Motion was made by Bass to replace current flags with new banner flags on current poles. Seconded by Evans. Motion carried.
o Yay: Bass, Evans, Johnson, McPherson, Ronning, Schroeder and Bair
o Nay: None Motion was made by Evans to give the Banner Project Committee our full support as they move forward with the winter banners and Christmas light project. We agree to pay the light bill for the Christmas decorations. We understand our only obligations lie in supporting the decisions made by the committee and paying the light bill. Seconded by Ronning. Motion carried.
o Yay: Bass, Evans, Johnson, McPherson, Ronning, Schroeder and Bair
o Nay: None
Motion was made by McPherson to apply for a grant for the Plow Truck through the Local Revenue Sharing Board for the Little River Band of Ottawa Indians/State of Michigan Gaming Compact. Amount requested, $39.500.00. Seconded by Ronning.
o Yay: Bass, Evans, Johnson, McPherson, Ronning, Schroeder and Bair o Nay: None
Motion was made by Evans to change Village Office Hours to Tuesday, Wednesday and Thursday, 1pm -3pm. Seconded by Bass.
o Yay: Bass, Evans, Johnson, Ronning, Schroeder and Bair
o Nay: None
o Abstained: McPherson Note: Treasurer hours will be Tuesday 2pm -6pm and Wednesday 1pm -3pm
Motion was made by McPherson to release our current Water Well Project attorney, Randy Hryns, terminate exsisting legal agreement with Bittner/Jennings, seconded by Bass. Motion carried. o Yay: Bass, Evans, Johnson, McPherson, Ronning, Schroeder and Bair
o Nay: None
Motion was made by Ronning to accept legal service agreement with Young, Graham and Wendling, with correct spelling of “Michigan”, seconded by Schroeder. Motion carried.
o Yay: Bass, Evans, Johnson, McPherson, Ronning, Schroeder and Bair
o Nay: None Public Comment:
o Don Raiff asked if village deck could be used for music/entertainment or in Hopkins Park? Yes, contact President Bair or Clerk McPherson. David King was concerned about the sound for campers. Barb Farfsing stated there is a group looking at grants from the Traverse City Arts Council for entertainment on the deck.
Adjournment at 6:58pm Respectfully submitted by Clerk McPherson
