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Village of Bear Lake March 28, 2018 Meeting audio

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

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

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

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

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

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

Good afternoon Jeff,

we have received a query wondering where the Kayak/Fishing Pier information is on the Village web site?  The current page only lists last year’s meeting notice and the prior conceptual plan?
Although there is no advance information about the project, the resident, who wishes to remain anonymous at this stage, asks for the following questions to be raised at the Public Hearing.
1. Have the current seasonal renters been surveyed for their acceptance/disapproval? As the Park is the only source of additional revenue to support Village programs, the reader worries we may be gaining a pier but losing campers.
2. How will this impact the safety of small children being so close to the parking activity.?
3. IS there sufficient parking for all these uses and those currently parking there to use the boat launch?
4. How does the design plan to accommodate the wastewater from the new bathroom facilities?
5. How will the plan accommodate fish cleaning?
6. Is there still a 50/50 agreement with the Township on facility maintenance – does this include upkeep on the main drive through the park which is laid on floating slabs?
7. How will the fishing pier conflict with those who currently fish from the Point onto the slabs? How will this affect fish habitat there?
8. Will the pier be removable in winter? If not how will it be protected from ice damage?
9. Will the pier be lit? If so what inspection protocols will be put in place, and who will be responsible for that, to avoid electrocution? How will a lit pier impact fishing at night?
And one comment – previous proposals had this located on South Shore Drive or at the property previously occupied by the Cook Station – both are considered by this reader to be a better location with better access of US31 and able to be served by seasonal portable sanitation at much less cost. Why was the location changed?
If you have a copy of the application and the new schematic please forward to Cindi so she can put it on your web site and send to us for publication so people have an opportunity to comment prior to the Village making a decision?
Kind regards,
Bear Lake News.
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Village of Bear Lake: March 28, 2018 7 PM Meeting Information

The following was received: [see prior posting here]

AGENDA PUBLIC MEETING

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

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

CALL TO ORDER – Bear Lake Village President, Jeff Bair

PLEDGE OF ALLEGIANCE

INTRODUCTIONS

PRESENTER:  Pat Bentley, Spicer Group

PUBLIC COMMENT

ADJOURNMENT

The posted notice is as follows:

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

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

PROPOSED AGENDA

Village of Bear Lake Council Meeting March 28, 2018

7 p.m. – Village Office

(following the Kayak/Canoe Launch Public Hearing)

CALL TO ORDER and PLEDGE OF ALLEGIANCE

ROLL CALL ADOPTION of AGENDA

  • Additions

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

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

CORRESPONDENCE: 

REPORTS/DISCUSSION

MINUTES APPROVAL: 

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

VILLAGE MAINTENANCE REPORT:

TREASURER’S REPORT:

  • Acceptance of Treasurer’s Report
  • Amendments:

BILLS to be PAID:

REIMBURSEMENTS to the GENERAL FUND:

COMMITTEE CHAIR REPORTS:

PARK: 

  • Park Manager Report 

STREETS, TREES, SIGNS, LIGHTS, SIDEWALKS:   

WATER: 

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

BLIGHT/CABA:

  • CABA :
  • Blight Enforcement Officer report:

COUNTY COMMISSIONER REPORT:

MANISTEE COUNTY TRAIL COMMITTEE REPORT: 

BEAR LAKE IMPROVEMENT BOARD REPORT:

TWO LAKES SEWER REPORT: No report

PLANNING COMMISSION REPORT: Annual report

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

OLD BUSINESS: 

  • Clerk & Treasurer appointment – August
  • Community Clean-Up Day

NEW BUSINESS:

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

Items on agenda or not listed

UPCOMING EVENTS and ANNOUCEMENTS:

  • Community dinner at Bear Lake United Methodist Church

ADJOURNMENT 

REIMBURSEMENTS to the GENERAL FUND:

February 2018

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

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

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

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

Cindi McPherson, Clerk”

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

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

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

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

Kayak Canoe Fishing Pier Grant Agreement March 2017 revised

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

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

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

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

  1. 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.

  2. Park Project Maintenance. After construction of the Park Project the Village shall be responsible for the actual maintenance and repair of the Park Project. The Village shall be financially responsible for ONE HUNDRED PERCENT (100%) of the maintenance and repair costs for the fishing pier. The Township shall pay to the Village ONE HUNDRED PERCENT (100%) of the maintenance and repair costs for the canoe/kayak launch and shall pay to the Village FIFTY PERCENT (50%) of the maintenance and repair costs for the restrooms and parking facilities. The Village shall annually, on the date mutually agreeable to the parties, send the Township a written, itemized statement of the actual costs incurred by the Village in the preceding year for the maintenance and repair costs for the canoe/kayak launch, restrooms and parking facilities. The Township shall pay the Village for its share of these costs within forty-five (45) days of the date of the written statement.]

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

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

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

Sunshine Week 2018: FOIA Updates Three

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

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

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

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

February 6, 2018:

Under MI Freedom of Information Act (Public Act No. 442 of 1976 as amended): I hereby submit this request.  I am requesting the items in electronic PDF or Word format to be sent to me via email. I am also requesting this issue be discussed at the Budget review hearings.
I am requesting:
1. A copy of the full application for funding sent to USDA concerning the proposed DPW Building – from the documents I have seen, the construction site seems to be in conflict with the access road for the new Water Wells?
Has MDEQ agreed to the storage of salt and sand this close to the well sites?
  1. Communication from USDA confirming acceptance of an application, estimate of fundability, allocation of funds or indication of availability of funds, and in which FY
3. Amount and terms of repayment of the Loan.
4. Amortized final cost, including interest over 30 years.
As this pertains specifically to how the Village will set it’s FY2018-19 Operating Budget it is worth noting the mandate to designate repayment funds as listed in the June 2017 Minutes:
At the request of the USDA & Rural Development, repayment of loan for construction of new DPW building (approx.. $310k over 30 yrs.) must be amended into the 2017-2018 Village Budget. Loan repayment per month approx.. $1,225-$1500)
▪ Motion to amend the budget for repayment of DPW building in 2017-2018 Budget as follows: General $1,800, Water $7,200, Park $1,800, Major $3,600, Minor $3,600, by Bass, seconded by McPherson. Motion Carried

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

In light of the January Budget Amendments, moving these funds to cover other Budget shortfalls, I would like the Council to address if they either intend to raise taxes or cut expenditures to guarantee the ability to make those future loan repayments? As Streets Superintendent, I am sure you know that only a certain % of Act 51 Funds can be used.
Park
Increase Repairs & Maintenance $1,054.43
Increase Professional Service $433.50
$1,487.93 from DPW Build Repayment
Minor 
Increased Repairs (Outsourced) $1,000
Increase Repairs & Maint-Winter $600
Increase Repair & Maint – Summer $45.93
Increase Equipment Rental $2,100
$3,000 from DPW Building
$700 from Gas & Oil

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

I am requesting:
1. A copy of the full application for funding sent to USDA concerning the proposed DPW Building – attached
from the documents I have seen, the construction site seems to be in conflict with the access road for the new Water Wells? – No, it is designed around it.
 
Has MDEQ agreed to the storage of salt and sand this close to the well sites? – Well testing has been accepted by the DEQ.

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

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

 and in which FY – unknown

3. Amount and terms of repayment of the Loan. – no award has been given
4. Amortized final cost, including interest over 30 years. – no award has been given
Repayment has been budgeted – no award has been given at this time.
Thank you for your concern.”
February 13, 2018:
having had a chance to consider, and ask for some expert assistance regarding your response, I don’t believe my questions have been answered?
1. The document you sent, SF-424, is just the cover sheet – dated 9/14/17
“This is a standard form used by applicants as a required face sheet for pre-applications and applicatons submitted for Federai assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included In their process, have been given an opportunity to review the applicant’s submission.”
On November 15 the Village held a Public Hearing where it was stated that USDA had requested changes to the application (see attached documents you previously supplied as a partial response to a prior request for the Public Hearing documents)
My request was to see the full application not the cover sheet – the Summary, Narrative, Environmental Assessment, the Proposed Timeline and the Site Plan
2. In reviewing the initial draft designs, the Village is proposing a 60′ x 40′ structure with a 42′ trench drain to a sump pit? Does the new design include a revised VOC catch basin?
3. In reviewing the Bid package for the water project – where will the DPW building be located on this property? It’s original location was scheduled as adjacent to the Sand storage barn?
The reason for this query is that one of the reasons given for requiring the relocation of the existing wells was their proximity to potential sources of surface/ground water contamination.
Comparing the design of the DPW building to the attached schematic of the Water well access raises questions.
a) close proximity to the main 8″ tie in line as well as the natural gas service line
b) the potential for damage or destabilization of those lines during construction and operation of the proposed DPW building – unless, of course the Village intends to locate the structure elsewhere?
My question does not relate to MDEQ testing of the wells themselves – however, as a prior member of the Wellhead Protection Committee, and as the well drilling and water quality reports are available I would like to see those please?
4. At the November 2017 Public Hearing it was noted that USDA queried the defined costs. My request to see the communications from USDA was as follows with your response in bold:
2. Communication from USDA confirming acceptance of an application, estimate of fundability, – USDA has not awarded the village any funds.
allocation of funds or indication of availability of funds, – USDA has indicated funds are available
 and in which FY – unknown
3. Amount and terms of repayment of the Loan. – no award has been given
4. Amortized final cost, including interest over 30 years. – no award has been given

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

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

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

As the Village is proposing a $2.25m debt for Village residents, although I appreciate these questions may be outside your realm of expertise, your assistance would be appreciated in supplying the requested documentation.
Response received February 15, 2018:

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

The Proposed Budget 2018-2019 was sent to you regarding repayment of the DPW building.
Confirmation from USDA on the fund ability, anticipated terms & time line of award, again, The village has not been awarded and funds at this time.
You are right, some of these questions are out of my expertise, maybe we should let the professionals working on this project do their job!
Thank you for your concerns.”
February 18, 2018: A request was sent to the Village President:
“I would like to know – is the Village Clerk unable to locate a filed PDF copy of the DPW USDA loan/project application revised following the November 2017 Public Hearing? Or the prior/subsequent USDA Letter of Commitment?
If so, please let me know so I can request one directly from USDA.”
A response was received February 21, 2018:
“Jennifer Wahr at the USDA may be able to help you if Cindi does not have the information you need.”
The approved FY2018-19 Budget can be viewed here. It was sent to Bear Lake News by a member of the public:
The Minutes seem to indicate an additional piece of property has been purchased but this can not be confirmed at this time.

Sunshine Week 2018: FOIA Update 2

Sunshine Week 2018 – March 11-17

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

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

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

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

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

A follow up was sent to USDA

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

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

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

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

On February 6, 2018 the following request was sent:

Under MI Freedom of Information Act (Public Act No. 442 of 1976 as amended):
I hereby submit this request. I understand I am entitled to receive the requested items within 5 business days. I am requesting the items in electronic PDF or Word format to be sent to me via email.
I am requesting a copy of the USDA Award confirmation letter and terms of payment for the Blade Truck.
 
In the September 2017 Minutes:
Buildings, Grounds & Equipment:
PLOW TRUCK – A $14k grant was approved from the USDA. Grant maybe lower than $14k due to grant being 40% of cost. Jared & Jeff Bair have been to the dealership in Mesick to look at a completely over-hauled plow truck. Additional MDOT required lighting, hitch for one-way plow needs to be added to truck. The
old truck will be used for salt & hot patch work. A $5K deposit is required. The village will need to purchase truck & USDA will reimburse the village after
purchase.
Motion to move forward to purchase a newer plow truck, pending no problems with revenue sharing grant money by McPherson, seconded by Schroeder. Motion carried.
Motion to take $5K from minor savings for the down payment on the plow truck by Ronning, seconded by Johnson. Motion carried.

And in October, 2017:

Buildings, Grounds & Equipment:
The deposit ($5,000.00) for the new plow truck was made. Additional required items were needed for the truck, per MDOT. An engine block heater was also needed as the truck is parked outside during the winter and a wing blade was added. Total cost of plow truck is $37,690.00. The money will be taken from Major Savings; $5690.00, Minor Savings; $2,000 and Equipment Savings $25,000. As the truck is used Equipment Rental will be charged & money transferred to the Equipment Account.
Motion to write a check for the plow truck for $32,690.00 by Ronning, seconded by McPherson. Motion carried.
I would like to know:
a) how much was awarded
b) how much has been received
c) how much has been spent to operate and insure this vehicle
d) when will the sander be installed
d) how much has been spent to retain the prior blade and sander vehicle both in repairs and insurance costs.

And the response received on February 13, 2018:

“Answers to your FOIA questions:
 
I would like to know:
a) how much was awarded – $16,000.00 will be awarded
b) how much has been received – $0
c) how much has been spent to operate and insure this vehicle – Insurance is $665.00
d) when will the sander be installed – the sander is installed in the old plow truck
d) how much has been spent to retain the prior blade and sander vehicle both in repairs and insurance costs. – insurance is $665.00, 
 
We do not track separate operating/repairs for each of the trucks you are referencing.”
The resident wonders why not sell the old vehicle and put the proceeds toward the cost of purchase and upgrades to the replacement vehicle?

Sunshine Week 2018: FOIA Updates

It’s Your Right to Know

March 11-17, 2018

Sunshine Week lasts seven days, but it’s up to all of us to keep the sun shining on government all year. Share your local FOIA stories and other efforts on behalf of open government on Twitter using #SunshineWeek.”

During this week Bear Lake News will report on recent FOIA submissions and the response they received.

A local tax payer submitted a FOIA requesting the 2016 and 2017 W3, W2s and 1099 Misc documents as a record of the % spent on salaries and wages following the State of MI reporting online for 2016

 

  • Village of Bear Lake 2016
  • Census

    Name Value
    Population 282.0
    Square Mileage 0.31
  • Budget

    And in 2018 see Year End figures here.

    The request was submitted February 7, 2018. The response was received on February 13 as follows:

    I am asking for a 10 day extension for your FOIA request on;  any and all of the 2016 and 2017 Federal and State W3, W2 and 1099 Misc forms completed and/or submitted for or on behalf of the Village to be sent to me via email in electronic PDF or Word format.
    There will be a charge of $50, [NB: = 2 hours of labor charged] paid in advance for this request.  FOIA Cost document attached.
    A check can be sent to:
    Bear Lake Village
    Attention: Clerk
    PO Box 175
    Bear Lake, MI  49614

    A subsequent follow up by a different resident asked for only 2017 documents – a total of 21 (with SS# redacted) for which Baird, Cotter and Bishop PC were paid $400 to prepare in January, 2018.

    On Tue, Mar 13, 2018 at 10:47 PM:

    Under MI Freedom of Information Act (Public Act No. 442 of 1976 as amended) I hereby submit the following request:
    In looking at the attached, I see that Baird, Cotter, & Bishop PC were paid $400 in February to prepare 2017 W3, W2s and I assume the 1099 Misc?
    Past Minutes state that Baird, Cotter, & Bishop PC were hired to train the Clerk and Treasurer to properly use the Village accounting software, not perform accounting duties?
    As $400 was paid to them to send in both federal and state 2017 documents, and knowing that both agencies require filing online, Baird, Cotter & Bishop PC would have submitted and supplied a PDF electronic copy to the Village to distribute to employees and contractors.
    By my count this should translate to 9 Council, 3 Employees, 4 Planning Commission, The Blight Enforcement Officer W2s. And 3 1099s: Mead Hunt, Fleis VandenBrink and Baird Cotter themselves. A total of 20 documents requiring the redaction of social security numbers. At 5 seconds per redaction that does not meet the 15 minute threshold for requiring payment.
    As the W3, W2s and 1099 Misc had to be prepared before January 31, 2018 – I am requesting, within 5 days, an electronic copy please.

Response received March 14, 2018:

“Thank you for your FOIA request for the forms, I will need to ask for a 10 day extension on this request as I need to request the electronic forms from the CPA office.

If they have to do the redacting of information there, there could be some cost and we would need to pass along it on to you, paid in advance.
If I use my paper copies and black out all personal information, scan and email them, there would be a be a $50.00 cost paid in advance.
Please advise if you would like me to continue with this request.”
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DRAFT Village of Bear Lake Water Ordinance

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

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

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

VILLAGE OF BEAR LAKE
WATER ORDINANCE
Ordinance No. __________of 2018
THE VILLAGE OF BEAR LAKE ORDAINS:
ARTICLE I
DEFINITIONS
Section 1 – Definitions: As use in this Ordinance,
Building Pipemeans that part of the owners plumbing system which receives water from the service pipe, beginning at the owner’s property line.
Corporation stopcockmeans a shut-off valve installed in the water main immediately preceding where a service pipe connects to the water main.
Debt Servicemeans the interest and principal payments required to repay monies borrowed to construct the waterworks system.
Meteror Water Metermeans an instrument that automatically measures and registers the quantity of water consumed on a parcel of land served by the waterworks system.
Owner” means the person holding the legal or equitable title to real property or a lesser estate therein, a mortgagee or vendee in possession, an assignee of rents, receiverexecutor, trustee, lessee or any other person, firm or corporation directly or indirectly in control of a building, structure or real property or his duly authorized agent.
Personmeans any individual, firm , trust, partnership, company, association, societycorporation, limited liability company, or other legal entity.
Service Areameans any land in and around the Village which is serviced by the waterworks system.
Service Pipemeans the pipe delivering water from the water main to the building pipe.
‘Tenantmeans a person who leases property from an owner.
Villagemeans the Village of Bear Lake, Michigan.
Village Clerkmeans the Clerk for the Village of Bear Lake.
1
“Water Main” means a pipe owned or controlled by the Village located within a street right-of-way or other public easement used to carry water within the waterworks system to the service pipe for delivery to the water customer.
“Water Use Chargemeans the fees billed to all customers attached to the waterworks system for support of the costs of the waterworks system. The water use charges supply funds to cover the costs of operation and maintenance, debt servicereplacement and administrative services.
Waterworks System” means all wells, pumps, facilities, water mains, service pipes, and other equipment owned by or under the jurisdiction of the Village for the collection, storage, purification, and distribution of water.
ARTICLE II
USE OF WATERWORKS REQUIRED
Section 1 – Private Water Wells Prohibited:
Except as hereinafter provided, it shall be unlawful for an owner, occupant, or tenant of property to drill or maintain a private water well within the Village.
Section 2 – Mandatory Connection:
(a). The owner of any house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the Village and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a water main is hereby required at his or her expense to install suitable plumbing facilities therein, in accordance with the plumbing code then in effect and enforced within the Village and to connect such facilities directly with the waterworks system in accordance with the provisions of this Ordinance within ninety (90) days after the owner is required by the Manistee County Public Health Department to replace the water well servicing his or her property.
(b). Said notification and enforcement of this Section shall be in conformity with Article 12, Part 127 of the Public Health Code, being a part of Act 368 of the Public Acts of 1978.
ARTICLE III
CONNECTION TO WATERWORKS SYSTEM
Section 1 – Unlawful Procedure:
It shall be unlawful for any unauthorized person or owner to uncover, excavate, tap into, make connections with or openings into, usealter, or disturb any water main or service pipe or appurtenance thereof in any street,
2
lane, or alley within the service area without first obtaining a written permit from the Village as herein provided.
Section 2 Authorization:
All connections with any water main or service pipe in the
service area shall be made only pursuant to written permits issued by the Village. The owner or his agent shall make application on a special form furnished by the Village Clerk. The Village Council may by separate resolution provide for permit and inspection fees which shall be paid to the Village Clerk at the time the application is filed.
Section 3 – Costs:
All costs and expenses incurred as the result of the connection to
the service pipe shall be borne by the owner of the property. The owner shall indemnify the Village from all loss or damage that may be caused by connection to the service pipe.
Section 4 – Plans and Specifications:
(a). All applicants for permits to connect to the waterworks system shall, when required, submit plans indicating where the building pipe will extend from the building receiving water service to where it will connect to the service pipe. The approval of a connection perm it shall be contingent upon the availability of capacity in the waterworks system. When such plans have been approved by the Water Supervisor, the Village Clerk shall issue a waterworks connection permit, subject to final inspection and approval when construction is completed.
(b). Before the issuance of a waterworks connection permit, the Water Supervisor may require the applicant to submit a schedule for the construction of the waterworks connection outlining when various components of the project will be completed. If the Water Supervisor requires such a construction schedule, the
timetables outlined in the schedule shall be maintained as a condition of the continued validity of the permit, unless extensions are granted in writing by the Water Supervisor for good cause shown.
(c). Final approval shall be subject to compliance with the local and state plumbing codes and all orders, rules and regulations of the Manistee County and Michigan Departments of Public Health.
Section 5 – Connection Requirements:
(a). All connections to a water main shall be made with service pipes either installed by employees of the Village Water Department or by a contractor hired by the owner with the written consent of the Water Supervisor. Any service pipe
installed by a contractor authorized under this section shall be laid under the direction and supervision of the Water Supervisor. All work for the purpose of making connections to a water main shall be done in compliance with the rules,
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regulations and codes governing plumbing in the Village and in accordance with the laws of Michigan relative thereto.
(b). The cost of all service pipes three-fourths (3/4″) inch in diameter or less shall be borne by the Village. If an owner desires a service pipe larger than three-fourth (3/4″) inch in diameter, the owner shall pay the Village the difference in actual costs to install the larger service pipe and associated equipment.
(c). A separate and independent service pipe shall be provided for every building receiving water service; provided, however, where water service is intended to supply more than one building under the same ownership and on the same lot, the service pipe to one building may be used to provide water service to the other building(s) and the whole considered as one connection.
(d). The size, slope, alignment, and materials of construction for a service pipe, and the methods to be used in excavating the trench, placing, jointing, and testing the pipe, and backfilling the trench shall all conform to the requirements of this Ordinance and the local and the state plumbing codes.
Section 6 – Cross Connections Prohibited:
The Water Supply Cross-Connection Rules of the Michigan Department of Environmental Quality, being R 325.11401 to R
325.11407 of the Michigan Administrative Code, in effect at the time this Ordinance is enacted are hereby adopted by reference.
Section 7 – Installation of Meters Required:
All new buildings connected to the waterworks system shall be equipped with meters installed inside the building, but capable of being read by employees of the Village Water Department from outside the building. However, where employees of the Village Water Department have been unable to make a meter reading for two consecutive billing periods, the Village shall have the right to access the property under Article IX, Section 3 of this Ordinance to read the meter, or to install a meter capable of being read by employees of the Village Water Department from outside the building and to charge the owner of the property the actual cost incurred in installing the meter. All meters installed shall be purchased from the Village at a cost to be established by resolution of the Village Council.
Section 8 – Connections for Purpose of Fire Prevention:
The owner or occupant of any manufacturing establishment, lumberyard, warehouse, elevator, store, hotel, school, or any public building desiring to install large pipes with hydrant and hose couplings to be used only in case of fire may connect to a water main under the terms and conditions of this Article and after obtaining a permit from the Village Clerk.
Section 9 – Inspection:
When an authorized contractor installs the service pipe under
Section 5(a), the person to whom a waterworks connection permit was issued shall notify the Village Clerk when the service pipe is ready for inspection. In addition, the person to whom a waterworks connection permit was issued shall notify the Village
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Clerk when the installed water meter is ready for inspection. The Water Supervisor shall then inspect the service pipe and/or water meter and if such installations meet the requirements of this Ordinance, the excavation may be backfilled.
Section 10 New Use of Existing Service Pipes:
Existing service pipes may be used in connection with new buildings only when they are found, by the Water Supervisor to
meet all requirements of this Ordinance.
Section 11 – Maintenance:
The owner of property connected to the waterworks system is responsible for the maintenance of the building pipe. The cost of all repairs, maintenance and replacements of existing building pipes and their connection to the service pipes shall be borne by the property owner. Before making any repairs or replacements or conducting any maintenance on the building pipe, the owner shall contact the Water Supervisor. All work performed, including the qualifications of the person performing the work, shall fully comply with the requirements of this Ordinance.
Section 12 – Excavation in Public Streets and Alleys:
(a). Whenever a person desires to do any excavating in any of the streets, lanes or alleys of the service area for the purpose of connecting to the waterworks system, a permit for such excavation shall be obtained from the Village Clerk.
The Village Council may from time to time by separate resolution establish a non-refundable administrative fee for processing the excavation permit. The permit shall be non-transferrable. The person employed to make the connection to the waterworks system shall hold a plumbing license in accordance with state
and local codes. The qualifications of the persons employed to do work shall be verified at the time of application. A person who is authorized to excavate pursuant to the permit shall furnish a bond to the Village in an amount acceptable to the Village Council taking into account the nature and extent of the
excavation and in a form acceptable to the Village Attorney, conditioned on the faithful performance of the requirements of all the Village ordinances relative thereto.
(b). All expenses for work done by the employees of the Village Water Department shall be borne by the person to whom the excavation permit is issued.
Applications for excavations in paved streets shall state the maximum size of the opening to be made in the pavement and the length of time desired to do such work.
Section 13 – Backfill Requirements:
When connections to the waterworks system are made in any street or alley, the earth and other debris excavated for this purpose shall be removed from the street or alley and the trench backfilled with sand or gravel in layers not to exceed eight inches in thickness. Each layer shall be thoroughly and solidly packed in place. The backfill shall be finished to the same grade as the original surface. Where the existing roadway is cindered or graveled, the final eight inches of
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the backfill shall be made with gravel. Where the existing roadway is paved, the person charged with the duty of backfilling shall re-pave the trench to the same grade as the original pavement under the supervision of the Water Supervisor no less than thirty (30) days and no more than sixty (60) days after the backfill is placed. The person charged with the duty of constructing or installing said underground work and backfilling shall be required to make frequent inspections of all trenches for which they are responsible and to maintain the same as herein provided. In case of failure to maintain trenches and backfill in such condition, the Village is authorized by this Ordinance to make the necessary repairs and charge the total cost against the person responsible for the same. For the purpose of the sand or gravel backfill as required herein, the excavated material shall not be used except after securing written permission from the Water Supervisor.
Section 14 – Time Limit on Open Trench:
The person, or owner causing any excavation or trench to be made in any public street or alley in the service area shall be required to backfill and replace the trench as herein provided within a period of three (3) days, after the work of excavating has been started, unless written permission is granted by the Water Supervisor to allow the trench to be open for a longer period of time. In case of the failure to promptly refill any trenches within a period of three (3) days, the Village shall have the right to cause the same to be refilled, and the expense shall be charged against the person, or owner responsible for backfilling.
Section 15 – Barricade Requirements:
Every person digging or causing to be dug any trench in any public street or alley, for the purpose of connecting to the waterworks system shall place or cause to be placed and maintained at and along such trench, proper signals, colored lights and barricades to give warning and prevent accidents, but
in no case shall a trench be dug so as to entirely block any street for travel, without the consent of the Water Supervisor. All barricading shall be done in accordance with the Manistee County Road Commission requirements. In case of the failure to properly barricade or light such excavations or trenches, the Village is authorized to cause the same to be lighted or barricaded and the expense thereof shall be charged against the
person responsible for the opening. It shall not be necessary for the Village to notify the person responsible for such trenches in public streets or alleys, before undertaking any such work which is necessary for the safety and convenience of the public. The
failure on the part of persons installing such trenches to promptly pay all bills incurred by the Village doing such work shall be grounds for refusing to issue further permits for excavations in the streets.
Section 16 – Work on Private Property:
Excavation and backfill for service pipes on private property may be made by the owner. Connections to and installation of service
pipes on private property may be made by the owner; however, no backfill shall be placed until the service pipe has been inspected and approved by the Water Supervisor. All excavation, backfilling, connections and installations shall be made in
accordance with the requirements of this Article.
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Section 17 – Permit Information:
The Village Clerk and the Water Supervisor shall keep records of all permits granted under authority of this Ordinance which shall include the names of the applicant and contractor, the location of the work, the place in the street where the excavation is to be made, and the purpose for which the permit is issued.
Section 18 – Village Water Service Outside Village Limits:
The owner of property located outside the Village limits may connect to the Village waterworks system only if authorized by the Village Council and if permission is granted by the township in which the property is located. No property outside the Village limits has the right to connect to the Village waterworks system even if other nearby property is being serviced by the waterworks system. The Village may, but is not obligated to require property outside the Village limits to either annex to the Village or be subject to an agreement under Act 425 of 1984, as amended, or a similar statute, before connecting to the Village waterworks system.
ARTICLE IV
WATER USE REGULATIONS
Section 1 – Water Use Restrictions:
The owner, occupant, or tenant of any building or premises entitled to the use of water from the waterworks system shall not supply water to any other person except upon written permission of the Village Clerk, nor shall he or she permit unnecessary waste of water.
Section 2 – Conservation During Emergency or Drought: Whenever in the discretion of the Water Supervisor an emergency or drought condition exists such that the public health, safety and general welfare of the people is endangered, the Water Supervisor shall prescribe rules and regulations to conserve the water supply during such emergency or drought condition.
ARTICLE V
EXTENSION OF WATER MAINS
Section 1 – Application:
The owner of any property in the Village may connect to the
waterworks system pursuant to the provisions of this Article contingent upon the availability of capacity in the waterworks system. An owner who desires to connect to the waterworks system shall file an application for water service extension with the Village Clerk and pay a non-refundable fee to be established by resolution of the Village Council. This fee shall be used by the Village to obtain the initial cost estimates to construct the proposed water service extension. This fee shall be applied to the cost of the extension if actually constructed or retained by the Village if the applicant decides to abandon the plan for the extension.
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Section 2 – Water Service Extensions; Options; Standards:
When extending water service to an individual property owner or group of property owners, the Water Supervisor may extend such water service through use of a service pipe connection to an existing water main or through an extension of a water main. In exercising the discretion granted in this section, the Water Supervisor shall consider the following factors:
a. Whether other property in the surrounding area is capable of development in terms of topography, wetlands, and zoning ordinance requirements such that it is reasonable to anticipate that other connections to the waterworks system may be needed in the future.
b. Whether there is other property capable of development in terms of topography, wetlands, and zoning ordinance requirements beyond the property intended to be serviced by the requested water service extension such that it is reasonable to anticipate that an extended water main would be further extended to provide water service to that other property or
further extended to tie into the waterworks system at another location.
c. Whether the distance of the water service extension or the elevated terrain over which the extended water service must travel reasonably requires a water main.
d. Whether there is a need for fire protection through the installation of a fire hydrant in the area to be served by the water service extension.
Section 3 – Village Water Service Outside Village limits:
The owner of property located outside the Village limits may connect to the waterworks system only pursuant to the
requirements of Article III, Section 18 of this Ordinance.
Section 4 – Route of Water Service Extensions:
The route of any water service extension shall be within the rights-of-way of public streets and alleys or within public utility easements granted to and approved by the Village across private property. All excavation and other work performed within the rights-of-way of these public streets and alleys shall comply with the requirements of Article III of this Ordinance.
Section 5 – Cost of Water Service Extensions:
(a). As soon as possible after receiving the water service extension application fee required under Section 1 above, the Water Supervisor shall notify the property owner in writing how the water service extension will be provided and shall provide the property owner with a written estimate of the approximate cost of the water service extension. The property owner shall then have ninety (90) days to inform the Water Supervisor whether he or she desires to proceed with the water service extension and to pay the costs of the water service extension required
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under subsections (b) or (c) below. If the property owner fails to inform the Water Supervisor regarding his or her intent within this ninety (90) day period, this inaction shall be deemed a decision to abandon the plans for a water service extension.
(b). If a water service extension is provided through use of a service pipe connection to an existing water main, the Village shall be responsible for the costs of providing a service pipe no more than sixty-six (66′) feet in length. The property owner requesting the extension shall be responsible for paying all costs of the water service extension beyond sixty-six (66′) feet. The property owner shall not be entitled to reimbursement of any of these costs. A water service extension through use of a service pipe connection to an existing water main shall comply with all requirements of Article III of this Ordinance.
(c). If a water service extension is provided through the extension of a water main, the property owner requesting the extension shall pay to the Village the amount of the estimated costs of the water main extension. Upon receipt of this payment, the Village shall begin and complete the water main extension as requested by the property owner. If the actual cost to extend the water main
exceeds the estimated costs paid, the property owner shall pay the Village the additional costs within thirty (30) days of receiving a written statement specifying those additional costs. If the actual cost to extend the water main is less than the estimated costs paid, the Village shall refund the difference to the property owner within thirty (30) days of the completion of the project. The property owner requesting the extension shall be entitled to reimbursement pursuant to Sections 7 and 8 below of a portion of the actual costs paid in extending the water main.
Section 6 – Special Assessments:
In certain instances the Village, by a majority vote of the entire Village Council, may elect to extend water mains and finance the project by use of a special assessment district. The charge to be assessed each property owner benefitted and served shall be calculated based on a formula as determined by the Village Council. The charge to each benefitted property owner shall be assessed at the time of project completion and shall be paid as specified by the Village. The charge shall bear interest at the rate of seven percent (7%) per annum, compounded annually, accruing from the date of project completion to the date of payment.
Section 7 – Additional Users:
(a). The owners of property located between a water main prior to any extension and the property to be initially serviced by the water main extension (including the property across the street, alley, or public utility easement within which the water main extension is located) may tap into or make use of the extended water main by paying to the Village Clerk a sewer extension fee equal to the proportionate share of the total cost of extending the water main plus any interest provided in
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subsection (b) below. For purposes of this section, the proportionate share of the cost of extending the water main shall be calculated pursuant to the following formula:
[Actual Cost Paid Under § 5(c) .;- (Total Street Frontage of Other Property Capable of Development and Connection to the Extended Water Main*)] x
(Total Street Frontage of Parcel Connecting to the Extended Water Main)
* A property is deemed capable of development and connection to the extended water main if that property is capable of development in terms of topography, wetlands, and zoning ordinance requirements such that it is reasonable to anticipate that connections to the extended water main may be made in the future.
(b). The proportionate share of the cost of extending the water main shall be increased by seven (7%) percent per annum (compounded annually) commencing one (1) year after the actual cost paid under Section 5(c) above by the property owner who initially requested the water main extension; provided, however, that this increase shall not extend for a period of more than five (5) years.
Section 8 – Reimbursement to Original Property Owner:
Upon receipt of any payment under Section 7(a) above, the Village Clerk shall pay that amount forthwith to the property owner who paid the initial actual costs of the water main extension pursuant to Section 5(c) above. If the property owner who paid the initial costs of the water main extension is deceased, the payments received shall be paid to his or her personal representative or to other persons who by law would be entitled to inherit his or her estate as may be determined by a court of competent jurisdiction. If the property owner who paid the initial costs of the water main extension cannot be found, or if no claim is made for reimbursement for a period of one (1) year from the date that payments under Section 7(a) have been received by the Village Clerk, the reimbursement under this
section shall be deemed to have been waived and all monies so received shall be turned over and become a part of the Village water fund.
ARTICLE VI
CHARGES FOR WATER SERVICES
Section 1 – Public Utility:
(a). The operation and maintenance of the waterworks system shall be on a public utility basis in accordance with applicable federal regulations and the provisions of Act 94, Public Acts of Michigan, 1933, as amended.
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Section 2 – User Charges – Purposes, Basis and Rates:
(a). The owners, occupants, or tenants, of all property connected to the waterworks system, either directly or indirectly, shall pay user charges beginning on the date of the connection.
(b). User charges will be established by resolution of the Village Council for the purpose of:
(1). Recovering the costs of operation, maintenance and replacement of the waterworks system;
(2). Partial debt repayment (debt service).
(c). User charges for water service furnished by the waterworks system shall be based on the quantity of water used as measured by meters installed on the property and shall be billed pursuant to Section 7 below per 1,000 gallons of water consumed above the amount allotted to each user. The minimum water bill per month shall be no less than the amount of the monthly ready to serve
charge as established by resolution of the Village Council.
Section 3 – Tap-in Fees and Charges:
In addition to user charges, the Village Council shall by separate resolution establish charges for the privilege of connecting to the
waterworks system. Such fees shall include the costs of all water meters and the costs of tapping the water main, installing the corporation stopcock, furnishing and laying the service pipe, and installing corporation stopcock and shutoff boxes. The charges,
however, shall exclude the costs of road cuts, sidewalks, and re-paving. The water meters and all such materials shall be and remain the property of the Village. Any services or connections performed between November 1 and May 1 each year shall be
subject to additional costs as may be determined by resolution of the Village Council.
Section 4 – Other Fees and Charges:
The Village Council shall by separate resolution establish the fees to be charged for water meters and other services performed under this Ordinance.
Section 5 – No free service:
No free water service shall be furnished to the Village, to any person, or to any public or private agency.
Section 6 – Review of Rates:
The adequacy of the user charges shall be reviewed annually by certified public accountants for the Village in their annual audit report. The user charges shall be revised periodically to reflect a change in debt service or a change in operation, maintenance and replacement costs in accordance with applicable federal regulations.
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Section 7 – Bills:
Bills for user charges shall be rendered quarterly and shall be payable without penalty within ten (10) days after the date thereon. Payments received after such period shall bear a late fee as established by resolution of the Village Council.
Section 8 – Separate Waterworks Funds:
All funds of the waterworks system shall be kept separate from other funds of the Village, and an accurate, separate record shall be kept of all receipts to and disbursements from the waterworks fund.
ARTICLE VII
PROTECTION FROM DAMAGES
Section 1 – Prohibited Acts; Penalty:
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the waterworks system. Any person violating this provision shall be guilty of a misdemeanor punishable by ninety (90) days in the county jail and/or a fine of Five Hundred ($500.00) Dollars.
Section 2 – Damage to Water Meter; Liability:
Any damage to a water meter resulting from the failure of the owner, occupant, or tenant to properly protect that meter shall be assessed against such owner, occupant, or tenant. In addition, any person violating any of the provisions of this Ordinance shall be liable to the Village for any expenseloss, or damage incurred by the Village by reason of such violation.
ARTICLE VIII
PROTECTION OF POTABLE WATER SUPPLY
Section 1 – Prohibited Acts; Penalty:
No person shall introduce any chemical, biological, or other substance into the waterworks system with the intent to cause physical harm to any person or animal or with the intent to cause the water supply to be unfit for human or animal consumption under applicable state and/or federal safe drinking water standards. Any person violating this provision shall be guilty of a misdemeanor punishable by ninety (90) days in the county jail and/or a fine of Five Hundred ($500.00) Dollars.
Section 2 – Monitoring of Water Quality; Corrective Action:
The Village Water Department shall regularly monitor and test the water within the waterworks system for the purpose of detecting water contamination and to ensure that the water continues to meet all applicable state and federal safe drinking water standards. If water contamination is detected, the Water Supervisor shall take whatever action is necessary and proper to protect the health, safety and general welfare of the public, including but not limited to, issuing public warnings and directives concerning the safety of the drinking water, flushing the waterworks system to rid the system of the contamination,
and/or introducing chlorine or other substances into the waterworks system in full
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compliance with all applicable state and federal regulation to eliminate the contamination.
ARTICLE IX
ENFORCEMENT
Section 1 – Enforcement:
(a). The charges and rates for water services authorized under the provisions of Section 21 of Act 94 of the Public Acts of 1933, as amended, shall constitute a lien on all premises served thereby whenever any such charges or rates shall be delinquent for six (6) months or more, unless notice is given that a tenant is responsible for the payment of all such charges and rates. On April 1st of each year, the Village Clerk shall certify to the tax assessing officers for the Villagethe fact of such delinquency, whereupon such delinquent charges and rates shall be entered upon the next tax roll as charges against such premises and shall be collected and the lien thereof enforced in the same manner as general taxes against such premises; provided, however, where notice is given that a tenant is responsible for such charges and service as provided by Section 21 of Act 94 of the Public Acts of 1933, as amended, no further service shall be rendered to such premises until a cash deposit in an amount established by the Village Council shall have been made as security for payment of such charges and service.
(b). In addition, the Village shall have the right to shut off water service to any user for whom charges for water service are two (2) payments delinquent or when any connection is found to be in violation of any provision of this Ordinance. Before shutting off water service, the Village Clerk shall send written notice by first class mail of the Village’s intent to terminate water service to the owner of the premises served or to the tenant in possession where a notice is given that the tenant is responsible for such charges and service. If water service is shut off pursuant to this section, such service shall not be reestablished until all delinquent charges and penalties and a turn-on charge, to be specified by resolution of the Village Council, have been paid or the unlawful connection is eliminated. Further, such charges and penalties may be recovered by the Village by court action.
Section 2 – Disruption of Water Service; Village not Liable:
The Village shall not be liable for any failure or deficiency in the water supply to consumers whether occasioned by shutting off the water to make necessary repairs or connections or for any other cause.
Section 3 – Access to Property:
Authorized employees of the Village Water Department
shall have the right to enter at all reasonable hours upon any property connected to the waterworks system for the purpose of reading water meters and inspecting the piping and fixtures connected with the waterworks system. Village representatives may
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exercise this right to inspection by consent of the person having the right to possession of the building or structure or any part thereof, or by administrative search warrant. If defective pipes or fixtures are noted or illegal cross connections observed, the owner or occupant of the property shall repair, remove or replace the defective pipes or fixtures or disconnect the illegal cross connection. Any person refusing or neglecting to take such action, shall be deemed in violation of this Ordinance.
Section 4 – Violations; Penalties:
Except as provided in Article VII , Section 1 and Article VIII, Section 1, any person who violates any provision of this Ordinance shall be responsible for a municipal civil infraction as defined in Public Act 12 of 1994, amending Public Act 236 of 1961, being Sections 600.101-600.9939 of Michigan Compiled Laws, and shall be subject to a fine of not more than Five Hundred and 00/100 ($500.00) Dollars. Each day in which any such violation shall continue shall be deemed a separate offense. The Village President and other persons designated by the Village Council are hereby designated as an authorized Village officials to issue municipal civil infraction citations directing alleged violators of this Ordinance to appear in court. In addition, the Village shall have the right to bring a civil lawsuit to enforce the provisions of this Ordinance, including an action for injunctive relief to enjoin continued violations of the Ordinance.
ARTICLE X
MISCELLANEOUS PROVISIONS
Section 1 – Repeal of Prior Water Ordinances:
All prior water ordinances enacted by the Village and all amendments or those prior ordinances are hereby repealed in their entirety.
Section 2 – Severability:
If any section, provision or clause of this Ordinance or the
application thereof to any person or circumstance is held invalid, such invalidity shall not effect any remaining portions or application of this Ordinance which can be given effect without the invalid portion or application.
Section 3 – Effective Date:
This Ordinance shall become effective twenty (20) days after
its enactment.
Ordinance No. __ was adopted on the day of ________ _
2018, by the Bear Lake Village Council as follows:
Motion by:
Seconded by:

Village of Bear Lake: Special Meeting February 27, 2018

Village of Bear Lake Council
PUBLIC MEETING

WATER SYSTEM IMPROVEMENT PROJECT

And additional items
February 27, 2018, 7PM
Bear Lake Village Hall
Unapproved Minutes

The Special Meeting on the WATER SYSTEM IMPROVEMENT PROJECT and additional items of the Bear Lake Village Council was called to order by President Jeff Bair at 7:00 p.m. at the
Village Hall. Pledge of Allegiance was said.
Present: President: Jeff Bair Council: Peggy Bass, Marla Evans, Jackie Johnson, Greg
McPherson, Ron Ronning & Andrea Ware
Treasurer: Sally King, Clerk: Cindi McPherson, Staff: Jared Bair
Absent: Gibson
Guests: Two (2) guests
Public Comment:
• None
Motion to adopt the agenda with addition by Johnson and seconded by Bass, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: none
Addition: No council pay for special meetings

C1 As-Read Bid Tab Feb 2018 (1)

Motion to accept Contract #1 -Distribution System bid of Gustafson HDD, subject to USDA
approval by Johnson and seconded by McPherson, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: None

C2 As-Read Bid Tab Feb 2018 (1)
Motion to accept Contract #2 – Wells & Well House bid of Cole Inc, subject to USDA approval
by McPherson and seconded by Johnson, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: None
Ken Mlcek stated there is a $300,000.00 contingency available for “over run” on projects.

Loan Resolution Feb 27 2018
Motion to adopt & execute the loan resolution as presented by Johnson and seconded by
Ronning, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: None

Water Revenue RES Bond Authorizing Resolution feb 27 2018
Motion to accept the resolution to authorize issuance of water supply system revenue bond
by McPherson and seconded by Ronning, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair

Nays: none
Absent: None
Mlcek stated Loan is $1,463,000.00 and Grant is $2,547,000.00 40 year pay back on loan.
$53K per year, $12,133 in Repair, Replacement & interest, $5,300K in Bond Reserve.

Motion to accept the resignation letter of clerk McPherson as the secretary of the Planning
Commission effective immediately by Bass and seconded by Evans, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: None
Motion to appoint Clerk McPherson as the Recording Secretary of the Planning Commission including $35 per meeting attended by Johnson and seconded by Ronning, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: None

Water Ordinance was tabled until March monthly meeting for further review.

Motion to retitle the Maintenance Manager position to Department of Public Works (DPW)
Manager by Johnson and seconded by Ronning, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: None

Motion to approve the DPW Manager be paid $29,120.00 a year to include holidays. The weekly salary amount is $560.00 & he receives a Healthcare stipend of $225.00 & Year End Bonus if council approves, beginning March 1, 2018 by Johnson and seconded by McPherson,
motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: None

Motion to accept Amendment to the FY 2017-2018 Budget by Ronning and seconded by
McPherson, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: None
Amended Water Fund – Expenses – Contract Services to $2,316.20
Motion to approve Transfer of Funds from Minor Street savings to Minor Street checking in
the amount of $2,000.00 by Evans and seconded by Johnson, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: None
Minor Street Checking $487.68
Minor Street Savings $4,167.47
Motion for no pay to council members for all special meetings (either Public or other) as of
March 1st 2018, pay only for regular meetings by Johnson and seconded by McPherson,
motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair

Nays: none
Absent: None

Public Comment:
• Guest wanted to know if the meeting was on conference call and why clerk put the call
on hold for 10 minutes during the last meeting.
Meeting adjourned at 7:34pm.

Respectfully Submitted,
Cindi McPherson, Clerk

[NOTE: the meeting connection was terminated before the end of the February