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

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

Proposed AGENDA Village of Bear Lake Council Meeting

April 18, 2018 7 p.m. – Village Office

CALL TO ORDER and PLEDGE OF ALLEGIANCE
ROLL CALL ADOPTION of AGENDA
• Additions
PUBLIC COMMENT: Any agenda item ONLY (two (2)-minute maximum)
•Note: Members of the public will speak only when recognized by the chair person.
CORRESPONDENCE:

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

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

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

NEW BUSINESS:

• Resolution for Redevelopment Ready Community

PUBLIC COMMENT: General Time – Any Village-related item (two (2)-minute maximum) Note: Members of the public will speak only when recognized by the chair person. Items on agenda or not listed
UPCOMING EVENTS and ANNOUCEMENTS:
ADJOURNMENT

REIMBURSEMENTS to the GENERAL FUND:
March 2018

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Village of Bear Lake 2018 Meeting Dates

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

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

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

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

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

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

FS OMA Posting Requirements [pdf]

Introduction

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

New requirements for rescheduled regular meetings or special meetings

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

• both the public body’s principal office and,

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

New requirements for emergency meetings

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

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

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

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

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

subsection.

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

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

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

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

Michigan Municipal League  September 2016

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Village of Bear Lake: Financial Position

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

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

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

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

Dear Cindi:

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

On January 8, 2018 we amended our request:

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

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

Items not received:

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

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Village of Bear Lake: March 28, 2018 DRAFT Minutes

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

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

Unapproved Minutes

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

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

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

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

Public Comment:

  • None

Correspondence: Read by clerk:

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

REPORTS:

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

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

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

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

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

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

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

Amendments:
General Increase Professional Services to $3,000

$3,000 from Utilities

Water Increase Interest Expense to $1,000

Increase Insurance to $1,500

Increase License & Fees to $1,000

Park Increase Insurance to $1,128

$328 from Utilities

Major Increase Insurance to $1,154

$54 from Office Supplies

Minor Increased Insurance to $1,154

$54 from Miscellaneous

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

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

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

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

Committee Chair Reports:

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

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

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

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

Water: 

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

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

Grant of Easement Mrch 2018 [pdf]

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

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

  • o Award from USDA for the new DPW building.

    Motion to sign the Resolution to Purchase, Acquire and Construct Capital Improvements and to Publish Notice of Intent to Issue Municipal Securities by McPherson, seconded by Ronning. Motion Carried.
    Aye: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
    Nay: None
    Absent: None

  • [Editor’s Note: no amount is listed in the Minutes. A request to receive the Notice of Intent and the Resolution has not been answered. A request for the following to be published on the Village web site has not been answered. In light of the right to petition for a referendum vote on this – a subscriber has forwarded the following notice, published once in the Manistee News Advocate on April 2, 2018.]
  • Motion to authorize treasurer to open additional dedicated bank accounts for the payment & repayment of funds for construction, DPW building & USDA projects as needed by Evans, seconded by McPherson. Motion Carried.
    Aye: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
    Nay: None
    Absent: None

    Blight/CABA:

    CABA: No report.

    BLIGHT: Blight Officer verbal report by Gibson.

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

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

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

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

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

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

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

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

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

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

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

    OLD BUSINESS

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

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

    NEW BUSINESS

    • Computer Service – Inacomp will be servicing the village computers. Requesting an additional computer to act as a server and additional QuickBooks for clerk’s computer. All items will come under Water System Improvement Project as required for billing.

    Motion to approve computer & Quick Books upgrade through the water system project by Evans, seconded by McPherson. Motion Carried.
    Aye: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
    Nay: None
    Absent: None

    COUNCIL COMMENT: None

    PUBLIC COMMENT: None

    COMING EVENTS

    • Easter Egg Hunt on Saturday sponsored by Bear Lake Promoters.

    Meeting adjourned at 8:28 p.m.
    Respectfully Submitted,
    Cindi McPherson, Clerk