Village of Bear Lake Meeting Documents July 18, 2018

The following documents were received today.

Proposed July 18 2018 agenda

Purchasing Policy

July 18, 2018

T Report June 29, 2018

AGENDA

Village of Bear Lake Council Meeting

July 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) 

  • Joyce Valentine – Manistee County Millage renewal

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

CORRESPONDENCE: 

REPORTS/DISCUSSION

MINUTES APPROVAL: 

  • June 20, 2018 Regular monthly meeting   

DPW BUILDING INFORMATION – Pat Bentley from Spicer Group

VILLAGE MAINTENANCE REPORT:

TREASURER’S REPORT:

  • Acceptance of Treasurer’s Report
  • Amendments:

BILLS to be PAID:

REIMBURSEMENTS: [see below]

COMMITTEE CHAIR REPORTS:

PARK: 

  • Park Manager Report – Jeff Bair
  • Swim Safety items purchase?
  • Hopkins Park Sign – President Bair
  • Kayak/Canoe Project – President Bair

STREETS, TREES, SIGNS, LIGHTS, SIDEWALKS:   

WATER: 

  • Water Well update – President Bair
  • Draw
  • Water Ordinance update – President Bair & Council member Evans

BUILDINGS, GROUNDS AND EQUIPMENT:

  • DPW Building – addressed above

BLIGHT/CABA:

  • CABA :  Rick Farfsing
  • Blight Enforcement Officer report: Gibson

COUNTY COMMISSIONER REPORT: Pauline Jaquish

MANISTEE COUNTY TRAIL COMMITTEE REPORT:  Council member McPherson

BEAR LAKE IMPROVEMENT BOARD REPORT: Council member McPherson

TWO LAKES SEWER REPORT: Jeff Bair

PLANNING COMMISSION REPORT: Barb Farfsing

  • Redevelopment Ready Community – update
  • Available village properties

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

OLD BUSINESS: 

  • Sample ballot for the appointment of Clerk & treasurer has been approved and DPW Building
  • Community Clean-Up Day – over view
  • Committee member assignment
    • Approval to change  Maintenance Superintendent to DPW Superintendent

NEW BUSINESS:

  • Purchasing Policy

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 EQUIPMENT FUND and WAGE TRANSFER TO GENERAL FUND:

June 2018

Featured

August 7, 2018 Village Referendum Ballot Proposal 1

In an effort to provide information the Proposal #1 states:

  1. VILLAGE OF BEAR LAKE PROPOSAL TO APPROVE ORDINANCE NO. 10 OF 2017
    Shall Ordinance No. 10 of 2017, which provides for the appointment of the village clerk and village treasurer, and which was enacted by the Bear Lake Village Council October 18, 2017, be approved and take effect?

The Village has not posted any information on their Ordinance page for several years.

Ordinance 10 of 2017 does not exist – Ordinance #1 reads as follows:
https://bearlakemichigan49614.com/2017/11/30/village-clerk-treasurer-appointment-ordinance-ordinance-no-1-of-2017/

On October 18, 2017 at the Regular Village Council Meeting:

Appointment of elected positions, clerk & treasurer – Clerk McPherson reviewed ordinance to council. Motion to adopt ordinance to change clerk & treasurer positions from elected to appointed by Schroeder, seconded by McPherson. Motion carried.
Aye: Bass, Evans, McPherson, Ronning, Schroeder, Bair
Nay: none
Absent: Johnson

The following was published in the Manistee News Advocate on October 27:

NOTICE OF ADOPTION OF VILLAGE CLERK –
TREASURER APPOINTMENT ORDINANCE 
Ordinance No. 1 of 2017 
and the RIGHT OF REFERENDUM RELATING THERETO 
PLEASE TAKE NOTICE that pursuant to MCL 62.1 (3) the Bear Lake Village Council, at its regular meeting on October .ta , 2017, enacted Ordinance No. 1 of 2017, which provides for the appointment of the Village Clerk and Village Treasurer. 
RIGHT OF REFERENDUM. 
The Ordinance shall become effect­ive 45 days after its enactment without a vote of the electors, un­less a petition signed by not less than ten (10%) percent of the re­gistered electors of the Village is filed with the Village Clerk within 45 days after the date the Ordin­ance was enacted. If such a peti­tion is filed, the Ordinance shall not become effective unless ap­proved by a majority of the quali­fied electors of the Village at an election held on the question. 
This notice is given pursuant to the requirements of MCL 62.1 (4). Cindi McPherson, Clerk Village of Bear take 
VILLAGE OF BEAR LAKE 
Ordinance No.1 of 2017 
AN ORDINANCE TO PROVIDE FOR THE APPOINTMENT OF THE VILLAGE CLERK AND VILLAGE TREASURER. THE VILLAGE OF BEAR LAKE ORDAINS: 
Section 1. Establishment of Offices. 
As authorized by MCL 62.1 (3), the village clerk and village treasurer shall be chosen by nomination of the village presid­ent and appointment by a major­ity of the village council.
Section 2. Term of Offices. 
The term of office of the village clerk and village treasurer shall be two years, beginning on November 20 of each even ­numbered year and until a suc­cessor is appointed. The per­sons first appointed as village clerk and village treasurer under this ordinance shall have an ini­tial term of office commencing on November 20, 2018, or when the office becomes vacant, whichever occurs first. The per­sons appointed village clerk and village treasurer shall take and subscribe the oath of office and shall file it with the village clerk prior to taking office, together with the filing of any bond re­quired by law.
Section 3. Effective Date. 
This ordinance shall take effect 45 days after the date of its ad­option, unless a petition signed by not less than ten percent (10%) of the registered electors of the village is filed with the vil­lage clerk within such 45-day period, in which case this ordin­ance takes effect upon approval at an election held on the ques­tion of whether this ordinance should be approved. Notice of the delayed effect of this ordin­ance and the right of petition un­der this section shall be pub­lished separately at the same time and in the same manner as this ordinance is published in a local newspaper of general circu­lation. 
Section 4. Adoption. 
This ordinance shall be adopted by an affirmative vote of at least two-thirds (2/3) of the members of the village council. 
Section 5. Severability. 
If any section, provision or clause of this ordinance or the application thereof to any per­son or circumstance shall be in­valid, such invalidity shall not ef­fect any remaining portion or ap­plication of this ordinance which can be given effect without the invalid portion or application. 
Section 5. Publication. 
The village clerk shall certify to the adoption of this ordinance and cause the same to be pub­lished as required by law. Ordinance No.1 was adopted on the 18th day of October, 2017, by the Bear Lake Village Council as follows: 
Motion by: Schroeder Seconded by: McPherson Yeas: Bass, Evans, McPherson, Ronning, Schroeder, Bair Nays: None 
Absent: Johnson 
Cindi McPherson, Clerk 
Jeff Bair, President 
I certify that this is a true copy of Ordinance No. 1 that was adop­ted at a regular meeting of the Bear Lake Village Council on Oc­tober 18th , 2017 and published  in the Manistee News Advocate on October 27, 2017. 
Dated: 18 October 2017 Cindi McPherson, Clerk October 27, 2017 
Featured

August 7, 2018: Village of Bear Lake Referendum Vote Proposal 2

On August 7, 2018 Village registered voters will see two Proposals on the Ballot called as the result of voters asking for a say on two items passed by the Village of Bear Lake Council. [The threshold is 10%. It is believed @25% of current registered voters signed]

In both Proposals the result will impact the financial position of both Village government and Village tax payers long into the future.

  1. For a full list of Manistee Proposals select the following link august_2018_official_list_of_proposals (1)
  2. VILLAGE OF BEAR LAKE PROPOSAL TO APPROVE ORDINANCE NO. 10 OF 2017
    See prior post by clicking here.
  3. VILLAGE OF BEAR LAKE PROPOSAL TO AUTHORIZE ISSUANCE OF MUNICIPAL SECURITIES
    Shall the Village of Bear Lake, Manistee County, Michigan, be authorized to issue municipal securities pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in one or more series, in an amount of not to exceed Three Hundred Fifty Thousand Dollars ($350,000) for the purpose of acquiring and constructing a new department of public works building, together with site work, parking facilities, fixtures, furnishings, equipment, and all related appurtenances and related work?

The maximum number of years the municipal securities may be outstanding, exclusive of refunding, is thirty (30) years.

The Village intends to use water system revenues, park fund revenues, major and local street fund revenues and general fund moneys as the primary source of revenue to be used to retire the municipal securities. The municipal securities will be limited tax general obligations of the Village and no new taxes will be levied for their payment. The Village estimates that of its current Village millage levy, 0.193 mills (19.3 cents for each $1,000 of taxable value) will be allocated in the first year to pay the municipal securities and the estimated simple average annual amount of millage allocated to retire the municipal securities is estimated to be 0.5019 mills (50.19 cents for each $1,000 of taxable value).

The Village’s power to levy taxes to make the payments of principal and interest on the municipal securities is limited by applicable constitutional and statutory limitations on the taxing power of the Village and no new taxes are authorized to pay the principal of and interest on the municipal securities.


At this stage, being so close to the August 7 Election, the Village is constrained by MICHIGAN CAMPAIGN FINANCE ACT Act 388 of 1976

AN ACT to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts.
(2) “Ballot question” means a question that is submitted or is intended to be submitted to a popular vote at an election whether or not it qualifies for the ballot.
 
169.206 “Expenditure” defined. 
Sec. 6. (1) “Expenditure” means a payment, donation, loan, or promise of payment of money or anything of ascertainable monetary value for goods, materials, services, or facilities in assistance of, or in opposition to, the nomination or election of a candidate, the qualification, passage, or defeat of a ballot question, or the qualification of a new political party. 
Bear Lake News will not render an opinion of how people should vote.
Rather these are the questions being raised by residents themselves.
1. Is the Village of Bear Lake sufficiently financially sound and resilient to shoulder both a 40 year $1.463m loan AND a $350,000 30 year loan to run concurrently?
2. As a qualifier, the requested amortized Bond schedule for the Water System loan not having been published, Bond payments for the Water system will be due twice year totaling $53,000 . The only prior document that explained how water rates would be raised to cover O&M, plus debt repayment is shown here.
The actual water loan interest rate is lower but the amount is higher.
[NOTE: No actual schedule following the May 15, 2018 Bond sale, has been published in spite of numerous requests]
This directly relates to Maintenance Building Bond payments because both will fall due at roughly the same time: March 1 and September 1.
Financing of the water system debt is based on total water revenue – how $7200 can now be also allocated to meet the Maintenance Building repayment is an unanswered question. Will this require raising water rates?
Following a lengthy and persistent FOIA campaign the actual Maintenance Building documents were received on June 30 following a direct appeal to USDA. You may read them here as PDFs
Here is the amortized repayment schedule for the ‘DPW’ Building.

A rough calculation show a total interest payment of @$204,500.
These were posted to the Village web site a week later under a new tab ‘DPW Building.’
A reminder that a Petition to hold a Referendum vote on this matter was submitted and accepted on May 14, 2018 in time to be placed on the August 7 Primary Ballot. [The Village placed a display ad for the Notice to Issue Bonds in the Manistee News Advocate on April 2, 2018.]
A transcript of the history, Minutes and request concerning a replacement Maintenance Building is available here.DPW_History [names have been redacted]
An alternative option exists which could dramatically reduce the interest paid – financing locally and guaranteeing the loan through a Special Assessment levy – the mechanism used by Bear Lake Township to finance its fire vehicles.
This option was suggested in past communications.
A reader has commented that the current fiscal operations in the Village seem to be based on constantly amending the Operating Budget with little effort to rebuild reserve funds – a trend reported by the Michigan Department of Treasury.
While this may be legal – once a loan agreement has been entered into with the federal government – default or late payment is no longer an option.
Headlee Amendment Article IX, Sections 25 to 34 of the Michigan Constitution are often referred to as the “Headlee amendment”.
These provisions, adopted by the voters in 1978, constrain growth in property taxes. The Headlee amendment does the following:
1. Requires that, if the base of a tax is broadened, the tax rate be reduced to levy the same amount of tax revenue as was received on the prior base.
2. Prohibits a local government from levying any new tax (one not authorized by law or charter in 1978) or increasing the rate of a current tax without voter approval.
3. Limits the annual growth in property tax revenue due to increases in taxable value (excluding new construction and improvements) to the rate of inflation in the prior year. Under the “Headlee rollback”, if the increase in taxable value would cause the tax revenue to grow by more than the rate of inflation, then the millage rate must be reduced to a level that results in revenue growth of not more than the rate of inflation. These limits do not apply to millage levied for the repayment of voter-approved bonds.
The Village is currently operating at the allowed property tax level. Water and Park revenues, in addition to the often unreliable level of State Road funds, are the only additional sources of revenue.
Do reserve funds exist to cover unexpected bills, other than the fund required by USDA as part of the Water System loan agreement? Having now received the design and billing documents for the proposed Maintenance Building, several duplicate billable services seem to overlap with those already covered by the Water Project? Does the Village need 2 pickups, 2 blade trucks? What plans are in place for the previous Village Hall?
It has been stated that these projects are vital to making this community flourish and thereby improve the future for our children. Why then are so many businesses currently for sale?
Village voters will approve or decline to take on this level of debt. Our children and their children will still be paying for the decision made on August 7, 2018.
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Financial implications of Act No. 87 Public Acts of 2018 Approved by the Governor March 26, 2018 Filed with the Secretary of State March 26, 2018 EFFECTIVE DATE: June 24, 2018

2018-PA-0087 [PDF]

http://www.legislature.mi.gov/documents/2017-2018/publicact/htm/2018-PA-0087.htm

Act No. 87 Public Acts of 2018 Approved by the Governor March 26, 2018
Filed with the Secretary of State March 26, 2018. EFFECTIVE DATE: June 24, 2018
STATE OF MICHIGAN 99TH LEGISLATURE REGULAR SESSION OF 2018

Introduced by Senators Stamas, Shirkey and Brandenburg

ENROLLED SENATE BILL No. 591

AN ACT to amend 1895 PA 3, entitled “An act to provide for the government of certain villages; to define their powers and duties; to provide for the levy and collection of taxes, borrowing of money, and issuance of bonds and other evidences of indebtedness by villages subject to this act; to define the powers and duties of certain state and local officers and entities; to define the application of this act and provide for its amendment by villages subject to this act; to validate prior amendments and certain prior actions taken and bonds issued by villages subject to this act; to provide for the disincorporation of villages; and to prescribe penalties and provide remedies,” by amending section 22 of chapter IX (MCL 69.22), as amended by 1998 PA 254.

The People of the State of Michigan enact:

CHAPTER IX

FINANCE AND TAXATION.

Sec. 22. (1) If any greater amount is required in any year for any lawful purpose than can otherwise be raised by the council under this chapter, the amount may be raised by tax or loan, or partly by tax and partly by loan. If approved by a majority vote of the electors at an annual or special village election, the council may levy a tax that, in any year, must not exceed 2% of the assessed valuation of the real and personal property within the village, as shown by the last preceding assessment roll of the village.

(2) The amount of indebtedness incurred by the issue of bonds or otherwise, including existing indebtedness, must not exceed 10% of the assessed valuation of the real and personal property within the village subject to taxation as shown by the last preceding assessment roll of the village. Bonds issued in anticipation of the collection of special assessments even though the bonds are a general obligation of the village, motor vehicle highway fund bonds even though they are a general obligation of the village, revenue bonds, or bonds issued or contract or assessment obligations incurred to comply with an order of the department of environmental quality or a court of competent jurisdiction, even though they are a general obligation of the village and bonds issued or contract or assessment obligations incurred for water supply, sewage, drainage, or refuse disposal necessary to protect the public health by abating pollution even though they are a general obligation of the village, are not included in this limitation. Money on hand in a sinking fund limited to the payment of indebtedness may be treated as a reduction of the indebtedness to that extent. In case of fire, flood, or other calamity requiring an emergency fund for the relief of the inhabitants of the village, or for the repairing or rebuilding of any of its municipal buildings, works, bridges, or streets, the council may borrow money due in not more than 3 years and in an amount not exceeding 1/4 of 1% of the taxable valuation of the village, notwithstanding that the loan may increase the indebtedness of the village beyond the limitations fixed by this section. If a village is authorized to acquire or operate a public utility, the village may issue mortgage bonds therefor beyond the general limit of bonded indebtedness prescribed by this section. The mortgage bonds issued beyond the limit of general indebtedness prescribed by this section must not impose any liability upon the village, but must be secured only upon the property and revenues of the public utility, including its franchise, stating the terms upon which, in case of foreclosure, the purchaser may operate the public utility; which franchise must not extend for a period of more than 20 years from the date of the sale of the utility and franchise on foreclosure. All bonds issued, or contract or assessment obligations incurred, before January 30, 1974 are validated.

(3) In computing the net indebtedness for the purposes of subsection (2), there may be added to the assessed value of real and personal property in a village for a fiscal year an amount equal to the assessed value equivalent of certain village revenues as determined under this subsection. The assessed value equivalent must be calculated by dividing the sum of the following amounts by the village’s millage rate for the fiscal year:

(a) The amount paid or the estimated amount required to be paid by the state to the village during the village’s fiscal year for the village’s use under the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921, and the amount of any eligible reimbursement to the village under the local community stabilization authority act, 2014 PA 86, MCL 123.1341 to 123.1362, except any amount distributed under section 17(4)(c) of the local community stabilization authority act, 2014 PA 86, MCL 123.1357, in excess of the village’s qualified loss. The department of treasury shall certify these amounts upon request. As used in this subdivision, “qualified loss” means that term as defined in section 5 of the local community stabilization authority act, 2014 PA 86, MCL 123.1345.

(b) The amount levied by the village for its own use during the village’s fiscal year from the specific tax levied under 1974 PA 198, MCL 207.551 to 207.572.

(c) The amount levied by the village for its own use during the village’s fiscal year from the specific tax levied under the commercial redevelopment act, 1978 PA 255, MCL 207.651 to 207.668.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor

 

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August 7, 2018 Village of Bear Lake Referendum Vote Proposals

On August 7, 2018 Village registered voters will see two Proposals on the Ballot called as the result of voters asking for a say on two items passed by the Village of Bear Lake Council. [The threshold is 10%. It is believed @25% of current registered voters signed]

In both Proposals the result will impact the financial position of both Village government and Village tax payers.

  1. For a full list of Manistee Proposals select the following link august_2018_official_list_of_proposals (1)
  2. VILLAGE OF BEAR LAKE PROPOSAL TO APPROVE ORDINANCE NO. 10 OF 2017
    Shall Ordinance No. 10 of 2017, which provides for the appointment of the village clerk and village treasurer, and which was enacted by the Bear Lake Village Council October 18, 2017, be approved and take effect?
  3. VILLAGE OF BEAR LAKE PROPOSAL TO AUTHORIZE ISSUANCE OF MUNICIPAL SECURITIES
    Shall the Village of Bear Lake, Manistee County, Michigan, be authorized to issue municipal securities pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in one or more series, in an amount of not to exceed Three Hundred Fifty Thousand Dollars ($350,000) for the purpose of acquiring and constructing a new department of public works building, together with site work, parking facilities, fixtures, furnishings, equipment, and all related appurtenances and related work? The maximum number of years the municipal securities may be outstanding, exclusive of refunding, is thirty (30) years. The Village intends to use water system revenues, park fund revenues, major and local street fund revenues and general fund moneys as the primary source of revenue to be used to retire the municipal securities. The municipal securities will be limited tax general obligations of the Village and no new taxes will be levied for their payment. The Village estimates that of its current Village millage levy, 0.193 mills (19.3 cents for each $1,000 of taxable value) will be allocated in the first year to pay the municipal securities and the estimated simple average annual amount of millage allocated to retire the municipal securities is estimated to be 0.5019 mills (50.19 cents for each $1,000 of taxable value). The Village’s power to levy taxes to make the payments of principal and interest on the municipal securities is limited by applicable constitutional and statutory limitations on the taxing power of the Village and no new taxes are authorized to pay the principal of and interest on the municipal securities.

At this stage, being so close to the August 7 Election, the Village is constrained by MICHIGAN CAMPAIGN FINANCE ACT Act 388 of 1976

AN ACT to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts.
(2) “Ballot question” means a question that is submitted or is intended to be submitted to a popular vote at an election whether or not it qualifies for the ballot.
 
169.206 “Expenditure” defined. 
Sec. 6. (1) “Expenditure” means a payment, donation, loan, or promise of payment of money or anything of ascertainable monetary value for goods, materials, services, or facilities in assistance of, or in opposition to, the nomination or election of a candidate, the qualification, passage, or defeat of a ballot question, or the qualification of a new political party. 
Although the Act was qualified by the O’Meara 2016 opinion the following still applies:
• Public facilities and resources can be used for public forums and public education on candidate elections and ballot questions provided the public resources are not used to influence the outcome of the election and views of all candidates and views of both supporters and opponents of a ballot question are treated equally. 
PENALTIES
A person who knowingly violates this section is guilty of a misdemeanor punishable, if the person is an individual, by a fine of not more than $1,000.00 or imprisonment for not more than 1 year, or both, or if the person is not an individual, by one of the following, whichever is greater:
(a.) A fine of not more than $20,000.00 or
(b.) A fine equal to the amount of the improper contribution or expenditure.

In this Part One of Two we will look at Proposal One.
For a previous discussion of this item see this posting:
https://bearlakemichigan49614.com/2017/11/30/village-clerk-treasurer-appointment-ordinance-ordinance-no-1-of-2017/

Village tax payers have asked for a chance to vote on a decision that permanently takes away their right to vote to Elect or Recall these two positions.

As the notice of the Ordinance, passed October 18, 2017 was only published once in the News Advocate and is nowhere on the Village web site, Village tax payers have now had adequate time to consider this change.

Pros
The rationale for proposing this change in Village Government is the stated belief by the current Council that someone elected to these positions may not have the necessary administration or financial management skills to properly do the job. In addition, as the electorate could choose a different candidate every two years, this could result in disjointed institutional records.

Cons

  1. These 2 positions currently account for almost 1/3 of all collected property taxes. The Village has already contracted with a CPA to ostensibly ‘assist’ with financial reporting.
    BY FOIA the following 2017 W3 return was received:
    16052018 PDF
    In viewing the current remuneration for these two positions it is difficult to see where changing the nature from elected to appointed would save any money.
  2. Under this Ordinance neither appointees would be required to be village residents. 
  3. If there is concern that an elected Clerk or Treasurer, (neither are voting positions), may not possess sufficient skills to perform the duties – the same standard should be applied to elected Village Council positions that do have voting/financial decision making privileges.
  4. An appointed Clerk and Treasurer would serve at the pleasure of the Council, opening the appearance of political/personal favor or leaving the appointee open to political/personal interference. 
  5. Yet to be resolved are multiple employment and human resources questions. Would they be employees or contractors
  6. Will these be ‘at will’ positions? Meaning that they could be dismissed without cause. Equally an employee could resign at any time.
  7. As the Ordinance states, these will be two year appointed positions, a new person could be, in theory, be appointed every two years – invalidating the rationale of the desire for continuity.
  8. Changing the position affects withholding and benefits and becomes subject to all labor and fair employment laws.
  9. A comprehensive Job Description, hours of performance, manner of posting and interviewing candidates, insurance and Bonding costs has not been presented.
Featured

July 11, 2018 Two Lakes Sewer Authority Agenda

TWO LAKES SEWER COLLABORATIVE AUTHORITY -REGULAR MEETING
[see prior posting]

WEDNESDAY, JULY 11, 2018, 7:00 PM

AGENDA

Meeting Called to Order
Pledge of Allegiance
Attendance
Amend Agenda
Public Comment
Minutes of the June 6, 2018 meeting
New Business
 Municipality Boundary updates – Wade Trim
 Tom Traciak: Assessments of vacant properties
 Eric Williams: Assessments of unbuildable properties
 Project Funding/Bonding
Unfinished Business
 RFP
Public Comment
Next Meeting Date
Adjourn

[NOTE: For information contact – Onekama Township Clerk

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June 20, 2018 Village of Bear Lake DRAFT Minutes

As previously noted – the Agenda was not received in time to post information for this meeting, nor does the Village post it’s meeting packet online.

The audio recording is incomplete as the line was terminated.

Under the Michigan Open Meetings Act, draft Minutes must be available within 8 business days – these were received July 8.

For previous financial documents received use this link please.

As the FY2018-19 Operating Budget was amended we have requested the June Profit and Loss Report.

Village of Bear Lake Council REGULAR MEETING June 20, 2018
Bear Lake Village Hall
Unapproved Minutes Drafted Minutes June 20 2018

The regular meeting of the Bear Lake Village Council was called to order by President Jeff Bair at 7:00 p.m. at the Village Hall. Pledge of Allegiance was said.
Present: President: Jeff Bair Council: Peggy Bass, Marla Evans, Greg McPherson, Ron Ronning & Andrea Ware
Treasurer: Sally King, Clerk: Cindi McPherson, Staff: Jared Bair and Larry Gibson
Absent: Jackie Johnson
Guests: 13 guests
Motion to Accept the Agenda by McPherson and seconded by Evans, motion carried.
Ayes: Bass, Evans, McPherson, Ronning, Ware, Bair
Nays: none
Absent: Johnson
Additions: Old Business: Accessibility Transition Plan
Second Motion to Accept the Agenda with addition by Ronning and seconded by Bass, motion carried.
Ayes: Bass, Evans, McPherson, Ronning, Ware, Bair
Nays: none
Absent: Johnson
Additions: Water- Draw #2
Public Comment:
• BJ Tooker – Spoke on Cross Connection to his property. The cost of having this done is expensive. President Bair suggested getting other residents who need to have this done and possibly getting a lower price.
• Ben Heymes – Bear Lake Water Operator introduced himself to the group. Wanted to know if anyone had and questions for him. None asked.
Correspondence: Read by clerk:
• Solicitation letter forwarded by village attorney, Brian Graham regarding The Michigan Coalition to Protect Public Rights-of-Way. Council decided, not to join at this time.
• A letter from property owners living on Ronning Street south and Hancock Street
regarding an upgrade to high-grade road gravel. This is the only unpaved street in Bear Lake and they requested the council consider their request.
o Quote from Ron Brown & Son’s is $2,393 to pave a 14 X20 ft access section off
Main Street. Additional $3-4,000 tp gravel the remainder of the street.
o Discussion was held and Council member Evans will get quote from Ron Brown & Son’s and Reith Reilly to present at the July meeting.

• Letter from Bear Lake Watershed Alliance regarding their annual fund raiser and the SAW grant for the storm drain in the village of Bear Lake.

• Email from Fire Chief Sean Adams; with current construction to the water system in Bear Lake, the fire department will not be cycling any of the hydrants this summer.
REPORTS:
Motion to accept the minutes from May 16, 2018 regular monthly meeting with corrections by Bass, seconded by McPherson. Motion Carried.
Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
Nay: None
Absent: Johnson
Correction: mis-spelled words, 1st page, “connected and flies”, should be contacted & fliers.
Guest speaker:
Brian Sousa from Wade Trim spoke on The Two Lake Sewer Authority. Brian provided an update on the “Estimated Project Schedule”, attached at the end of this document. Present concerns were on what streets & residents would be included, cost of the project and cost to village residents. What happens to current septic systems of residents? The authority will own & operate the system and set money aside for future repairs. Brian agreed to attend a village meeting for any interested residents in July. This meeting will be set by the village president
and made public on the village website; http://www.bearlakemichigan.com the Bear Lake Post office and the village office on Virginia Street. Informational sheets with a YES, NO or MAYBE will be sent in the July water bills for residents to voice if they are interested in being part of the newsewer system.
Wade Trim was hired by the Two Lakes Sewer Authority to complete the Rural Development application for sewer around the lake. The Sewer Authority is made up of Pleasanton Township, Bear Lake Township, Village of Bear Lake and Onekama Township.
Maintenance Report: Verbal report by DPW Manager, Jared Bair
Treasurer’s Report: Reviewed by King. Written report on file in the 2018 Minutes binder. T Report May 31, 2018 

April 2018 Fund Balances:
General checking/savings total  – 58,092.32
Water checking only  – 21,755.37
Money Market Checking – 6,090.68
USDA Repayment -Savings – 100.00
USDA Construction- checking – 43,335.20
DPW Repayment – checking – 92.00
DPW Construction – checking – 92.00
Park checking/savings total – 26,628.82
Park CD#2  – 33,176.17
Major Street checking/savings total  – 25,560.31
Minor Street checking/savings total  – 7,329.83
Equipment Fund checking/savings total – 17,579.71
Motion to accept the Treasurer’s Report as presented by McPherson seconded by
Bass, motion carried.
Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
Nay: none
Absent: Johnson

Amendments:
Amended motion from May 16, 2018 for the Flag Banner, to move $100 from the
Blight Account to the Seasonal Decorations Account to cover the $500 by McPherson
seconded by Bass, motion carried.
Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
Nay: none
Absent: Johnson
Motion to accept the Amendments as presented by Evans seconded by McPherson,
motion carried.
Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
Nay: none
Absent: Johnson
Amendments:
General Fund – Move $100 from Blight to Seasonal Decorations to cover cost of
flag banners as approved in the May meeting 2018.
Increase Education to $1,250, using unallocated funds.
Water Fund – Motion to remove $35,000.00 from Water Capital Outlay and
Other Income as these are water project costs which should not have been
included in the budget.
Move $30 from License & Fees to Insurance
Just a note of audit procedure: Moved the $20,000 which paid off the old bond
to account #000-307 (Notes Payable).
Park Fund – Motion to move $95 from Tree Removal to Insurance
Major Streets – Move $95 from Tree Removal to Insurance
Equipment Fund – Motion to increase Capital Outlay to $325, using unallocated
income. Motion to increase Miscellaneous to $120, using unallocated income
Bills to be paid presented by the Clerk. List on file in 2018 Minutes folder.
Motion to pay the bills by Ronning, seconded by Bass. Motion carried.
Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
Nay: none
Absent: Johnson
April reimbursements to the General Fund were read by President Bair.
o Wages to General Fund: $4,979.64
o Equipment Rental to General Fund: $772.66
Committee Chair Reports:
Park:
o Park Manager Report: Verbal report by Park Manager, Jeff Bair. May 2018
deposits – $6,354.50 compared to May 2017 – $6,570.00. Report on file.
o Swim Safety items grant was approved for the beach area in Hopkins Park, $1500
grant, can purchase items ahead of receiving the grant money.
o Bair showed different colors for a new sign for the entrance of Hopkins Park.
Council like the red lettering. President Bair will contact sign designer and
approve sign, at a cost of $600.
o Council member Evans questioned the new roof for the decking, was there
approval for the funds? President Bair said it was approved at a previous council
meeting. Evans questioned if Council President gives permission on projects in
the park. Council will revisit spending policy at the July meeting.
o Motion for Resolution – submission of grant application to the Mansitee
Community Foundation for Hopkins Park Development by McPherson,
seconded by Evans. Motion carried.
Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
Nay: none
Absent: Johnson
o Watershed Clean-up – Farfsing reported an excellent turnout of 20 students
from Mr. Probst’s 11th grade class and additional members of the Bear Lake
Watershed. Water garden areas, pocket parks were cleaned, weeds pulled, and
sidewalks swept. Thank you to the Bear Lake High students who attended.

Streets, Trees, Signs, Lights, Sidewalks:
Follow up on a quote from Ron Brown was discussed during Correspondence section.
Water:
o Congratulations to Jared Bair, DPW Manager on his Water Operators license.
o Update on Water System Improvement Project from Ken Mlcek. Some water
mains and streets are done; next step is to tie in the water to the new piping.
Streets under construction now should be paved for Bear Lake Days. Workers
have been trying to notify residents in advance when water will be shut off but
there have been unforeseen issues with the water main mapping from years ago.
o No discussion on water ordinance.
o Fleis & Vanderbrink invoice for $20,507.72, is for interest accrued for
engineering &legal cost on Water Well Project. Pervious village attorney delay
was cause for some of this cost. Treasurer King will work with Fleis &
Vanderbrink on pay back terms.
o Treasurer King presented the new water bill design.
o DPW Building construction is on hold due to a referendum. President Bair
approved ballot language. Residents can vote on this project on the August
ballot. Correct facts on the construction project will be available to village residents.
o Mlcek presenedt the 2nd draw for the water project.
• Motion to approve 2nd draw for the Water Well Project was made by Bass, seconded
by Evans. Motion carried.
Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
Nay: none
Absent: Johnson
Blight/CABA
CABA: Meeting regarding Redevelopment Readiness Community program was
discussed and how CABA could help.
BLIGHT: Blight Officer report by Gibson. Follow up on 10 properties for blight.
County Commissioner Report: Pauline Jaquish – no report

SMARTrail Committee Report: McPherson reported.
Bear Lake Improvement Board: McPherson reported.
Two Lakes Sewer Collaborative: Presented at the beginning of the meeting.
Planning Commission: Barb Farfsing
o Motion to accept the Redevelopment Ready Communities Joint Memorandum
of Understanding by Evans, seconded by McPherson. Motion carried.
Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
Nay: none
Absent: Johnson
Ad Hoc – Policy, Resolution & Ordinance Committee –Clerk McPherson reported,
volunteer Julie, has finished index for Policy Book and is working on Resolution
Notebook.
OLD BUSINESS
• Community Clean-up Day – President Bair stated he had received a $50 gift card from Meijer to use toward lunch at the Clean-Up Day. Clerk McPherson will have posters printed and put around the village.
• Accessibility Transition Plan – Do what can be done now, handicap parking in the back parking lot of village office, handicap spot will be signed and marked. Lever door handles to replace current door knobs. President Bair said council member Johnson will follow up on this.
NEW BUSINESS
• Committee member assignment – Andrea Ware was added to Streets Committee and Buildings, Grounds & Equipment. President Bair is Ex officio member and Clerk McPherson is appointed Recording Secretary for the Planning Commission.
COUNCIL COMMENT:
• None
PUBLIC COMMENT:
• Blight Officer Gibson mentioned the boat launch area in Hopkins Park needs two “NO PARKING” signs so individuals can pull up and back into the launch area.
• David Reed questioned signage for the front of the village office building. DPW
Manager, Bair stated the banner went up today.
• Don Raiff wanted to know if the Blight elimination fund housed at the Manistee
Community Foundation sent out a quarterly finance report? Cpould this be reported at the village meetings? He would like public awareness of the fund’s balance. The Village Council would like to ask the foundation to use some of the funds for the Village Blight Officer’s wages.
COMING EVENTS
• Watershed event Saturday June 30 at Bear Lake Bed & Breakfast 5p-8p
• Community Clean-Up Day June 30, 9a-1p
• Bear Lake Days July 13-15
• Community Dinner Thursday June 21at 5p
Meeting adjourned at 10:10p.m.

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July 11, 2018. 7 PM. Two Lakes Sewer Authority Meeting

A notice has been received that the next Two Lakes Sewer Authority meeting will be held at 7 PM at Bear Lake Township Hall (corner of US31 and Virginia Street in Bear Lake)

A request has been sent under the Michigan Freedom of Information Act for an Agenda and any documents to be discussed.

NOTE: Virginia Street is under construction due to water system work.

We have received Minutes from the June 20, 2018 Village Council meeting.Drafted Minutes June 20 2018

Note that the Agenda for this meeting was received too late for actual public notice.

On June 20 the following was posted at onekama.info/township:

NOTICE:  Pleasanton Township is holding a meeting regarding the sewer district boundaries on Wednesday, June 20, 2018 at 6 pm at the Pleasanton Twp. Hall. [see below for posted date]

Here are the June 6, 2018 TLSA Minutes:

Two Lake Sewer Collaborative Authority Minutes Regular Meeting Wednesday, June 6, 2018

Regular scheduled meeting called to order at 7:00 p.m. by Chairperson David Meister.
Pledge of Allegiance Members Present: David Meister, Jeff Harthun, Judy Girven, Jeff Bair, Brian Sousa, Eric Williams, and Shelli Johnson.
Amend Agenda -Add Wade Trim Agreement to New Business
Public Comment: Public comment received regarding websites, communication, postings, grant approval and amount, bank account establishment, and project schedule. Williams explained to those in attendance about the process of the TLSA, development, public input with respective Township/Village Boards, map development process, and boundaries.
Meeting Minutes: Motion by Harthun to approve the May 2, 2018 Regular Meeting Minutes, Second by Girven. M/C
New Business: Wade Trim Agreement: The Motion to approve the Preliminary Engineering Report in May is valid with the Alternate Representative making the motion. Motion by Girven, Second by Bair to accept the Wade Trim Sewer System Preliminary Engineering Report for the TLSA. Roll Call Vote: Girven – Yes, Bair – Yes, Harthun – Yes, Meister – Yes. M/C
Meeting Conduct: Williams will send Johnson samples of meeting conduct guidelines. This will be placed on the July Agenda.
Communication RFP: Establishing communication and information availability to the public, between the four municipalities, is in progress. RFP will be sent out to companies and the Authority will review results and act on. In the meantime, the Onekama Township website should be used as a reference for information. www.onekama.info, Township tab, and Two Lake Sewer Collaborative Authority tab on the bottom of the page.
Jurisdictions Next Steps: Sousa reported that he will be meeting with each municipality to review the maps. They currently reflect all properties with lake frontage. Dates are set with Pleasanton Township, Bear Lake Village, and Bear Lake Township. These meetings are open to the public. Onekama Township has had previous sewer district boundaries established. The meeting for them has not been set yet. Sousa explained that the more users being serviced in the system the better, from a cost standpoint and also a flow rate standpoint.
Key Q & A: Johnson will post a list of Key Q & A onto Onekama Township’s website for review.
Additional questions received: • Future line access charge • Hook-up charge • Wetland areas within boundaries • Per parcel charge or per hook-up charge • Public Access/Road Ends • Timeframe
Public Comment: None
Next Meeting Scheduled for July 11, 2018. 7:00 P.M. @ Bear Lake Twp. Hall Meeting Adjourned 8:11 P.M.
***********

Attached to the Village of Bear Lake DRAFT June 20 Minutes was the following:

Two Lakes Sewer Authority
Estimated Project Schedule

Planning Phase

Milestone                                                         Approximate Date
Begin preparing funding application         June 1, 2018
TLSA June Meeting                                        June 6, 2018

Presentations to assist in determining service boundary
Pleasanton Twp presentation                     June 14, 2018
Bear Lake Twp presentation                               June 19, 2018
Bear Lake Village presentation                   June 20, 2018
Onekama Twp presentation TBD
Complete service boundary for application   August 2018
Complete and submit financing application to USDA – October 2018
Receive response from USDA on financing application  – January 2019

Design & Construction Phase
Milestone                                                                       Approximate Date
Determination to pursue / design begins                April 2019
Finalize design/USDA submittal items/permits     December 2019
Open bids                                                                       March 2020
Start construction                                                         May 2020

Thus far no Operating Budget for the Two Lakes Sewer Authority has been made public.