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Two Lakes Sewer Project – Urgent notice. Special Meeting today, May 22 at 4pm at Bear Lake Township Hall

No notice has been published on either Bear Lake Township or Village of Bear Lake web sites.

The following response was received to the FOIA request sent to Bear Lake Township Supervisor Jeff Harthun by a local resident.

From Onekama Township Clerk:

Good Morning,

I have received the FOIA request for the Two Lake Sewer Authority.  The request is granted in part, and denied in part.  Please note that each entity is to post all of the official documents on their respective websites.

Item 1.:  Request Granted; Application attached

Item 2.:  Request Denied; There is no public record of this information.

Item 3.:  Request Denied; There are no public records of the operating budget, profit and loss reports, and Treasurer reports.

Item 4.:   Request Granted; No specification as to which map you are requesting.  See attached. [the map supplied was the previously published Draft – how this differs from the one handed out at the May TLS Meeting is undetermined]

Item 5.:                 Request Denied; The RFP was discussed at the May meeting.  The official RFP was not presented and approved by the Authority Board.  This will be discussed at the Special Meeting on May 22, 4:00 PM at Bear Lake Township Hall.

This completes the FOIA request, as received.

Thank you, Shelli Johnson

And from the origianl request:

“Please consider this an official request to receive an email notice 48 hours before any and all such future meetings, Township Board, any Commission and especially the Two Lake Sewer Authority as allowed under the Open Meetings Act.

In addition: it is impossible to track what is actually happening with the Two Lakes Sewer Authority – it is my understanding a planning grant has been received? There is no mechanism to know if a TLS meeting has been cancelled or not?
1. – I’m requesting a copy of the planning grant application to allow me to review the scope and parameters of this planning process.
2. – Who is managing the funds received?
3. – Now the Two Lakes is expending funds – I’d like to see a copy of your operating budget, profit and loss reports and Treasurer Report.
4. – I want to see a copy of the preliminary Special Assessment District map as referenced in the following May Minutes PDF.
5 – The May Minutes reference an RFP for Preliminary Engineering services – where was this published and how many other firms submitted one?
The following is NOT available on either the Village or Township web sites: Why?
[see transcript below]
It states: “Each municipality will present to their communities at their upcoming individual board meetings” but no such document was provided by the Village of Bear Lake.”
In the following the term “Search Grant Median Household Income Feasibility Study.” is not explained.
“New Business
• Sousa reported on the Search Grant Median Household Income Feasibility Study.
• Motion by Bair, Second by Girven to approve the proposal for Wade Trim to complete the Preliminary Engineering Report (PER) for $30,000. Roll Call Vote: Girven – Yes, Bair – Yes, Harthun – Yes, Meister – Yes. M/C
• Sousa distributed Preliminary sewer service district maps. Each municipality will present to their communities at their upcoming individual board meetings. “
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Two Lakes Sewer Authority – Preliminary Engineering in progress

Under MI Freedom of Information Act (Public Act No. 442 of 1976 as amended) – the following was sent to Bear Lake Township Supervisor Jeff Harthun by a concerned citizen and forwarded to Bear Lake News to share:

“Please consider this an official request to receive an email notice 48 hours before any and all such future meetings, Township Board, any Commission and especially the Two Lake Sewer Authority as allowed under the Open Meetings Act.

In addition: it is impossible to track what is actually happening with the Two Lakes Sewer Authority – it is my understanding a planning grant has been received? There is no mechanism to know if a TLS meeting has been cancelled or not?
1. – I’m requesting a copy of the planning grant application to allow me to review the scope and parameters of this planning process.
2. – Who is managing the funds received?
3. – Now the Two Lakes is expending funds – I’d like to see a copy of your operating budget, profit and loss reports and Treasurer Report.
4. – I want to see a copy of the preliminary Special Assessment District map as referenced in the following May Minutes PDF.
5 – The May Minutes reference an RFP for Preliminary Engineering services – where was this published and how many other firms submitted one?
The following is NOT available on either the Village or Township web sites: Why?
[see transcript below]
It states: “Each municipality will present to their communities at their upcoming individual board meetings” but no such document was provided by the Village of Bear Lake.”
In the following the term “Search Grant Median Household Income Feasibility Study.” is not explained.
Two Lake Sewer Collaborative Authority
Minutes Regular Meeting Wednesday, May 2, 2018
Regular meeting called to order at 4:12 p.m. by Chairperson David Meister.
Pledge of Allegiance
Members Present: David Meister, Jeff Harthun, Judy Girven, Jeff Bair (replacement for Greg McPherson), Brian Sousa (Wade Trim), Shelli Johnson. ** McPherson has resigned from the Two Lake Sewer Collaborative Authority via letter to the Village of Bear Lake. A copy of that letter is to be submitted to the Sewer Board.
Others Present: Pauline Jaquish, Judy Spohn, Dave Ertel, and Sandy Ertel
Minutes of the January 3, 2018 meeting were not available for approval.
Amend Agenda: Add RFP to New Business Public Comment
• SAD
• Feasibility of Sewer
• Meeting time change for summer to 7:00 PM
Unfinished Business:
• Meister reported that the Collaboration was awarded $30,000 from the USDA RD, and the document was signed on Monday, April 30, 2018.
New Business • Sousa reported on the Search Grant Median Household Income Feasibility Study.
• Motion by Bair, Second by Girven to approve the proposal for Wade Trim to complete the Preliminary Engineering Report (PER) for $30,000. Roll Call Vote: Girven – Yes, Bair – Yes, Harthun – Yes, Meister – Yes. M/C
• Sousa distributed Preliminary sewer service district maps. Each municipality will present to their communities at their upcoming individual board meetings.
• Communication: Johnson will look into an RFP options and present at the next meeting.
Public Comment: None Next Meeting Scheduled for June 6, 2018. 7:00 P.M. @ Bear Lake Twp. Hall Meeting Adjourned 5:00 P.M.
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Partial Audio: Village of Bear Lake Council May 16, 2018

The Village once again had issues with it’s conference line. Prior meetings have muted everyone, preventing public comment. This time all attendees were unmuted which caused considerable feedback and allowing private conversations to be overheard. Furthermore the audio transmission was not as clear as on other occasions.

To protect the privacy of those who did not know they were being broadcast here is an edited piece of the recording. Again the conference line was terminated by the host and attendees were unable to resume listening.

The Village has received a complaint on this matter, as the right for reasonable accommodation is included in the Open Meetings Act, and again a link to how to administer a conference call from: https://www.freeconferencecall.com/support

FOR ALL FUTURE CALL INS – DO NOT ASSUME YOU ARE MUTED. PRESS 6 Self Mute – Mute your individual line. Press 6 again to unmute the line.

Or if you are using Skype or Google, to avoid phone charges, be sure there is a Mute bar across the microphone symbol.

Several documents available at the meeting have not been received:

  1. Monthly Profit and Loss by Detail by Fund
  2. Revised draft of a replacement Water Ordinance – see prior version here.
  3. Two Lakes Sewer Authority Special Assessment District Map – see next posting.

The following documents had been previously requested but have not been received:

  1. FY 2017-18 Year End Profit and Loss by Detail By Fund Report
  2. Copy of the Authorizing language to place the 2 petition questions on the August Ballot: one to decided if Village tax payers want to allow the appointment of a Clerk employee and give up their current right to vote for this position
  3. Copy of the Authorizing language to decide whether to enter into a 30 year loan of $350,000 for a new Maintenance Building – it should be noted prior requests by FOIA to see a site plan, building specs, construction estimate and Bond repayment schedule have received no response.
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Village of Bear Lake: May 16, 2018 Meeting documents.

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

NOTE: We do not edit documents received but post ‘as-is’

AGENDA Village of Bear Lake Council Meeting May 16, 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:
• April 18, 2018 Regular monthly meeting see the DRAFT Minutes here.
• May 15, 2018 Special Meeting

Village of Bear Lake Council SPECIAL MEETING
DPW Building Water Well System
May 14, 2018 7PM
Bear Lake Village Hall
Unapproved Minutes

The Special Meeting Meeting on the DPW Building and Water Well System of the Bear Lake Village Council was called to order by President Jeff Bair at 5:01 p.m. at the Village Hall. Pledge of Allegiance was said.
Present: President: Jeff Bair Council: Peggy Bass, Marla Evans, Ron Ronning & Andrea Ware
Treasurer: Sally King, Clerk: Cindi McPherson, Staff: Jared Bair
Absent: Jackie Johnson, Greg McPherson & Larry Gibson
Guests: Two (2) guests
Public Comment:
 None
Motion to Accept the resolution authorizing village proposal to authorize issurance of
municipal securties by Ronning and seconded by Evans, motion carried.
Ayes: Bass, Evans, Ronning, Ware, Bair
Nays: none
Absent: Johnson, McPherson
Motion to authorize the village president and the village clerk to sign any documents
necessary to close the USDA water project by Evans and seconded by Ronning, motion
carried.
Ayes: Bass, Evans, Ronning, Ware, Bair
Nays: none
Absent: Johnson, McPherson
Motion to authorize the village president and the village clerk to sign the construction
contracts on behalf of the village by Evans and seconded by Ronning, motion carried.
Ayes: Bass, Evans, Ronning, Ware, Bair
Nays: none
Absent: Johnson, McPherson
Public Comment:
 Guest questioned repayment of water system. [the Guest questioned the repayment of the DPW Bond payment]
Meeting adjourned at 5:08pm.

Respectfully Submitted,
Cindi McPherson, Clerk

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
• Sign
• Kayak/Canoe Project
STREETS, TREES, SIGNS, LIGHTS, SIDEWALKS:
WATER:
• Water Well update
• Water Ordinance update – Jeff & Marla
• Verbiage for new water invoices – Sally
• Maintenance Building update
BLIGHT/CABA:
• CABA :
• Blight Enforcement Officer report:
COUNTY COMMISSIONER REPORT:
MANISTEE COUNTY TRAIL COMMITTEE REPORT: Meeting cancelled
BEAR LAKE IMPROVEMENT BOARD REPORT: No report, meeting on May 17
TWO LAKES SEWER REPORT: Jeff
PLANNING COMMISSION REPORT:
• Redevelopment Ready Community
AD HOC COMMITTEE: Policy, Resolution & Ordinance Committee – Clerk McPherson

OLD BUSINESS:
• Community Clean-Up Day – update
NEW BUSINESS:

• Bear Lake Hardware payment of invoices – treasurer
• Flag banners
• Audit
• Ratify resolution – treasurer to sign
• Resolution for Millage Rate

RESOLUTION TO ADOPT FISCAL YEAR 2017-2018 BUDGET AND LEVIED MILLAGE RATE RESOLUTION NO. 2018 – __
MAY 16, 2018

WHEREAS the Village of Bear Lake has a fiscal year that begins March 1, and;
WHERESAS the Village of Bear Lake maintains three (3) major accounts, General Fund, Major and Minor
Street Funds, all receiving state revenue sharing, with the General Fund receiving a millage and;
WHEREAS the Village held a budget hearing on February 21, 2018 with six (6) members of the council present and;
WHEREAS the Village council, at a special meeting on February 21, 2017 and by roll call vote, passed the budget for the 2018-2019 fiscal year with the millage rate of 10.3108;
WHEREAS on May 16, 2018 the Village of Bear Lake Council amended the millage rate to be 10.3108;
THEREFORE let it be said that the budget was set for the Village of Bear Village with expectations of maintaining the village as it should be maintained.• Garlic Mustard – Rebecca Coteskey

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


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May 14, 2018. Village of Bear Lake Special Meeting

There has been no explanation of why a stand alone Motion was required to allow the Village President and Clerk to sign contracts for the water system.

The following is contained in the 2 Resolutions passed in February.

Water Revenue RES Bond Authorizing Resolution feb 27 2018

Loan Resolution Feb 27 2018

“(d) “Authorized Officer,” means the President, the Clerk and the Treasurer of the Village, or any one or more of them acting alone or together.

Section 11. AUTHORIZED OFFICER. The Authorized Officer is hereby designated, for and on behalf of the Village, to do all acts and to take all necessary steps required to effectuate the sale, issuance and delivery of the Series 2018 Bonds”

and “17. To accept a grant in an amount not to exceed $2,547,000 under the terms offered by the Government; that the and of the Association are hereby authorized and empowered to take all action necessary or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant; and to operate the facility under the terms offered in said grant agreement(s).

The initial publication of the Bond Resolution in March had information missing. The scheduled signing of the Bond documents took place on May 15 at 9am.

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Village of Bear Lake Special Meeting, Monday May 14 at 5 PM

THE VILLAGE OF BEAR LAKE will be having a Special Meeting for the public on:

New DPW Maintenance Building

Water Well System Project

Meeting date: Monday, May 14, 2018

Meeting Time: 5pm

Location: Bear Lake Village Hall
12376 Virginia Street, Bear Lake, Michigan 49614

Persons with disabilities needing accommodations for effective participation in the public hearing/public meeting should contact the Bear Lake Village Clerk at 231.970.2066 or at the above address to request mobility, visual, hearing, or other assistance.

Cindi McPherson Village Clerk May 11, 2018 posted.


No additional information has been supplied- we have requested an Agenda.

Village of Bear Lake Regular Meetings are held on the 3rd Wednesday of the Month (In May this is the 16th), beginning at 7:00pm.

Conference Call-In to listen to 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.

It is assumed the first item refers to a Petition for a Referendum Vote, signed by 1/4 of Village voters to decide the proposal to enter into another 30 year debt of $350,000 at the stated rate of 3.5%.

The Council must approve Ballot language by May 15, 2018 in order for this to be on the same August Ballot as the Referendum vote to decided whether to abandon voting for the positions of Village Clerk and Treasurer and allow both to become appointed employees.

At that % interest rate the repayment would be @$1600 a month.

Numerous residents have asked, unsuccessfully for the site plans, the repayment schedule and cost of the overall loan, plus the building plans. At the suggestion of the current Village President, two past Village Presidents have formally requested the Maintenance Building loan application package.

The history of this project can be viewed here:
https://bearlakemichigan49614.com/2018/03/17/sunshine-week-2018-foia-updates-three/

It should be noted there is no information on bearlakemichigan.org

The following was published once in the Manistee News Advocate on April 2. It has not been published by the Village. A local resident placed a print copy at the Bear Lake Post Office.It is assumed the other item on the Agenda is to approve the purchase of Municipal Bonds – $1.46m over 40 years at 1.875% to finance water system improvements. =$53K per year, $12,133 in Repair, Replacement & interest, $5,300K in Bond Reserve.

See https://bearlakemichigan49614.com/2018/03/08/village-of-bear-lake-special-meeting-february-27-2018/