Village of Bear Lake: September 19, 2018 Agenda


Village of Bear Lake Council Meeting
September 19, 2018
7 p.m. – Village Office

• 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.

• August 15, 2018 Regular Meeting
• No parking signs


• Acceptance of Treasurer’s Report
• Amendments:
• $ from Promoters / Sparkle in the Parks electric usage

PARK: Chair – Ronning
• Park Manager Report – Jeff Bair
• Manistee County Visitor Bureau ad – Clerk McPherson
• Kayak/Canoe Project – President Bair
Chair – Ronning (this is not Street Scape Project)
• Pot holes on Main & Russell Streets, Main & Smith Streets and
WATER: Chair – Johnson
• Water Well Project update – President Bair
• Draw #5 Water Well Project Pay Request – motion needed
• Water Review Board – Treasure King
o Water Ordinance

• DPW Building update
Chair for Blight – Bass
• Blight Enforcement Officer report: Gibson

• CABA : Rick Farfsing
• Redevelopment Ready Community
• Village property for redevelopment – Manistee Area Chamber of Commerce
AD HOC COMMITTEE: Policy, Resolution & Ordinance Committee – Clerk McPherson
• Community Clean-up Day
• Purchasing policy – King/Evans
• Museum
o Utilities
o Outside light
o Lease agreement
o Roof leak


• Rules of Procedure – clerk
• Audit Comments & Recommendations

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
• Community Dinner
August 2018

[NOTE: As a member of the public has been singled out by name here is a copy of the emails in question:

Wed, Aug 15, 1:39 PM
to BryanCindiacluJeff

Good afternoon Bryan,

having had extensive communication with the Manistee County Clerk and the State of Michigan Bureau of Elections I have been advised to contact you directly as the Village of Bear Lake attorney of record on behalf of several Village residents cc’d on this email.
I have been forwarded 2 election law attorney referrals from the State Bar Association but it is our hope this matter can be resolved amicably and without undue litigation expense to either party.
Proposal One: as you are aware, there was an error in the correct numbering for the Ordinance subject to Referendum Vote. Village residents submitted a lawful petition to vote on ordinance 1 of 2017 not Ordinance 10 as printed. The ballot language was submitted and proofed again by the Village prior to being placed on the absentee and election day ballots. The error was discovered after absentee ballots had been sent out.
It is impossible for electors to vote on an ordinance that does not exist. Further Ordinance 1 of 2017 can not be reviewed at the Village web site by anyone seeking an explanation for the Proposal-
Local residents have been advised to seek legal counsel to resolve this matter – but the advice from the Bureau of Elections is that the matter simply be restated properly and placed on the November election Ballot.
By July 31, 2018 Petitions to place county and local questions on the November general election ballot filed with county and local clerks. (168.646a) 
By 4:00 p.m., August 14, 2018 Ballot wording of county and local proposals to be presented at the November general election certified to county and local clerks; local clerks receiving ballot wording forward to county clerk within two days. (168.646a)
I am cc’ing the County Clerk to see if the corrected language can still be placed on the November ballot? 
Proposal Two:
A lawful petition for a Referendum vote on the issuance of $350,000 Bond loan.
In the Resolution supplied by you and approved by the Village Council it contains the following directive:
4.  The Village Clerk is hereby further authorized and directed to cause Notice of the Last Day of Registration and Notice of Election to be posted and also to be published in such a manner and at such times as required by law.
July 9, 2018 was the last day to register for August primary. (168.497)
The Manistee News Advocate has no record of a publication by either the Village or Township of Bear Lake.
The comment from the State of Michigan is that this matter could be referred to the County Prosecuting Attorney but, again, the simplest resolution is to properly alert new and current residents that the last date to vote in the November general election is Oct. 9, 2018 (168.497) and ask the County Clerk if the measure can be placed on the November Ballot.
Dendra Best
Editor Bear Lake News
On Thu, Aug 16, 2018 at 8:22 AM, Bryan E. Graham  wrote:
 Dear Dendra:
 Thank you for your message.  I have not yet been authorized by the village to address your questions.  You should note, however, that I did not supply the resolution concerning the referendum on the bond loan.
That was likely prepared by bond counsel.
 If the village authorizes me to address your first question, I will be happy to do so.
On Thu, Aug 16, 2018 at 1:46 PM Bryan E. Graham  wrote:
Dear Dendra:
 First, I am not your attorney, and therefore there is no confidence I can maintain.  Again, I can only perform legal services authorized by the village.  You are only increasing the legal expenses to the village by contacting me when I do not have village authorization to perform legal services.  However, as a courtesy I wanted to respond.
On 8/16/2018 1:49 PM, Best wrote:
> Thank you for the clarification.
> I was acting on legal advice to avoid such unnecessary expense.
> Dendra

Bryan E. Graham Thu, Aug 16, 1:59 PM

Dear Dendra:

If you would like to have your attorney contact me, I am sure I can obtain village authorization to speak with him or her.

Bear Lake News Aug 16, 2018, 2:15 PM

Again, thank you Brian – we have no desire to incur additional legal fees as I’m sure neither does the Village.

However if necessary we will allow her permission to contact you directly.
 DISCLOSURE- Dendra Best has filed to contest the position of Village of Bear Lake Clerk in the November 2018 General Election. Although Village residents fund the services of the Village Attorney via their tax dollars the Attorney works for the Village Council not residents.



I. Regular and special meetings
All meetings of the village council will be held in compliance with state statutes, including the Open Meetings act,1976 PA 267 as amended and with these rules.
A. Regular meetings
Regular meetings of the village council will be held on the third Wednesday of each month beginning at 7:00 p.m. at the village hall unless otherwise rescheduled by resolution of the council. Council meetings shall conclude no later than 10:00 P.M., subject to extension by the council.
B. Special Meetings
A special meeting shall be called by the clerk upon the request of the president or any three members of the council on at least 18 hour notice to each member of the council served personally or left at the council member’s usual place of residence. Special
meeting notices shall state the purpose of the meeting. No official action shall be transacted at any special meeting of the council unless the item has been stated in the notice of such meeting.
C. Posting requirements for regular and special meetings
i. Within 10 days after the first meeting of the council following an election, a public notice stating the dates, times and places of the regular monthly council meetings will be posted at the village offices. If there is a change in the general schedule of regular meetings, the change will be posted within three (3) days after the change has been made, showing the new dates, times, and places for regular meetings.
ii. For a rescheduled regular or a special meeting of the council, a public notice stating the date, time and place of the meeting shall be posted at the village hall at least 18 hours before the meeting. This also applies to a recessed meeting which occurs more than 36 hours after the time of recess.
iii. The notice described above is not required for a meeting of the council in emergency session in the event of a severe and imminent threat to the health, safety or welfare of the public when two-thirds of the members of the council determine that a delay would be detrimental to the village’s efforts in responding to the threat.
D. Minutes of regular and special meetings
The clerk shall attend the council meetings and record all the proceedings and resolutions of the council in accordance with (Section 64.5 of the General Law Village

Act of 1895 as amended and) the Open Meetings Act. In the absence of the clerk, the council may appoint one of its own members or another person to temporarily perform the clerk’s duties.
Within 8 business days of a council meeting unapproved minutes of the entirety of the council proceedings shall be prepared by the clerk and shall indicate the vote of the council members. The unapproved minutes shall be posted on the village hall announcement board. A copy of the unapproved minutes of each regular or special council meeting shall be available for public inspection at the village offices during regular business hours.
E. Study sessions
Upon the call of the president or the council and with appropriate notice to the council members and the public, the council may convene a work session devoted exclusively to
the exchange of information relating to municipal affairs. No votes shall be taken on any matters under discussion nor shall any council member enter into a formal commitment with another member regarding a vote to be taken subsequently.

II. Conduct of meetings
A. Meetings to be public
All regular and special meetings of the council shall be open to the public, and citizens shall have a reasonable opportunity to be heard in accordance with such rules and regulations as the council may determine (see Section V “Citizen Participation”), except that the meetings may be closed to the public and the media in accordance with the Open Meetings Act.
All official meetings of the council and its committees shall be open to the media, freely subject to recording by radio, television and photographic services at any time, provided that such arrangements do not interfere with the orderly conduct of the
B. Agenda preparation
An agenda for each regular council meeting shall be prepared by the village clerk or appointee with the following suggested order of business:
a. Call to order
b. Roll call of council
c. Pledge of Allegiance
d. Adoption of agenda
e. Public Comment
f. Correspondence
g. Minutes of previous meeting
h. Payment of Bills
i. Committee reports and county wide agency reports
j. Old Business
k. New Business
l. Public Comment
m. Adjournment
Any council member shall have the right to add items to the regular agenda before it is approved.
C. Agenda distribution
Council members will receive their packets and agendas a minimum of two days prior to the meeting date and shall be emailed or hand delivered if no email is available.
D. Quorum
A majority of the entire elected or appointed and sworn members of the council shall constitute a quorum for the transaction of business at all council meetings. In the absence of a quorum, a lesser number may adjourn any meeting to a later time or date with appropriate public notice of the change of meeting time or date.
E. Attendance at council meetings
Election to the village council is a privilege freely sought by the nominee. It carries with it the responsibility to participate in council activities and represent the citizens of the village. Attendance at council meetings is critical to fulfilling this responsibility. A general law village council is empowered, by Section 65.5 of the General Law Village Act as amended, to adjourn a meeting if a quorum is not present and compel attendance in a manner prescribed by its ordinance.
The council may excuse absences for cause. If a council member has more than three unexcused successive absences for regular or special council meetings, the council may enact a resolution of reprimand. In the event the member’s absences continue for more than three additional successive regular or special meetings of the council, the council may enact a resolution of censure or request the council member’s resignation or both.
F. Presiding Officer
The presiding officer shall be responsible for enforcing these rules of procedure and for enforcing orderly conduct at meetings. The president is ordinarily the presiding officer.
The president shall appoint one of its member’s president pro tempore, who shall preside in the absence of the president. In the absence of both the president and the president pro tempore, the member present who has the longest consecutive service on
the council shall preside.
G. Disorderly conduct
The president may call to order any person who is being disorderly by speaking out of order or otherwise disrupting the proceedings, failing to be relevant, speaking longer than the allotted time or speaking vulgarities. Such person shall be seated until the chair determines whether the person is in order.
If the person so engaged in presentation is called out of order, he or she shall not be permitted to continue to speak at the same meeting except by special leave of the president or chair person. If the person shall continue to be disorderly and disrupt the
meeting, the chair may ask the person to leave from the meeting. No person shall be asked to leave from the meeting except for an actual breach of the peace committed at
the meeting.
III. Closed Meetings
A. Purpose
Closed meeting may be held only for the reasons authorized in the Open Meetings Act,
which are the following:
i. To consider the dismissal, suspension, or disciplining of, or to hear complaints or charges brought against a public officer, employee, staff member or individual agent when the named person requests a closed meeting.
ii. For strategy and negotiation sessions connected with the negotiation of a collective bargaining agreement when either negotiating party requests a closed Hearing.
iii. To consider the purchase or lease of real property up to the time an option to purchase or lease that real property is obtained.
iv. To consult with the municipal attorney or another attorney regarding trial or settlement strategy in connection with specific pending litigation, but only when an open meeting would have a detrimental financial effect on the litigating or settlement position of the council.
v. To review the specific contents of an application for employment or appointment to a public office when a candidate requests that the application remain confidential.
However, all interviews by a public body for employment or appointment to a public office shall be held in an open meeting.
vi. To consider material exempt from discussion or disclosure by state or federal statute.
B. Calling closed meetings
At a regular or special meeting, the council members elected or appointed and serving: by a two-thirds roll call vote: may call a closed session under the conditions outlined in section C.I of the Open Meetings Act. The roll call vote and purpose for calling the closed meeting shall be entered into the minutes of the public part of the meeting at which the vote is taken.
C. Minutes of closed meetings
A separate set of minutes shall be taken by the clerk or the designated secretary of the council at the closed session. These minutes will be retained by the clerk, shall not be available to the public and shall only be disclosed if required by a civil action as
authorized by the Michigan Open Meetings Act. These minutes may be destroyed one year and one day after approval of the minutes of the regular meeting at which the closed session was approved.

IV. Discussion and voting
A. Rules of parliamentary procedure
The rules of parliamentary practice as contained in the latest edition of Robert’s Rule of Order shall guide the council in all cases to which they are applicable (Roberts Rule will be used as a guide not the rule), provided that they are not in conflict with these rules, village ordinances or applicable state statutes. The president may appoint a parliamentarian. The chair shall preserve order and decorum and may speak to points of
order in preference to other council-members. The chair shall decide all questions arising under this parliamentary authority.
B. Conduct of discussion
During council discussion and debate, no member shall speak until recognized for that purpose by the chair. After such recognition, the member shall confine discussion to the
question at hand and to its merits and shall not be interrupted except by a point of order or privilege raised by another member. Speakers should address their remarks to the chair, maintain a courteous tone and avoid interjecting a personal note into debate.
No member shall speak more than once on the same question unless every member desiring to speak to that question shall have had the opportunity to do so.
The chair, at his or her discretion may permit any person to address the council during its deliberations.
C. Ordinances and resolutions
No ordinance, except an appropriation ordinance, an ordinance adopting or embodying an administrative or governmental code or an ordinance adopting a code of ordinances, shall relate to more than one subject, and that subject shall be clearly stated in its title.
A vote on all ordinances and resolutions shall be taken by a roll call vote and entered in the minutes unless it is a unanimous vote. If the vote is unanimous, it shall be necessary only to so state in the minutes, unless a roll call vote is required by law or by council
D. Roll Call Vote
In all roll call votes, the president is the last vote taken.
E. Duty to vote
Election to a deliberative body carries with it the obligation to vote. Council members present at a council meeting shall vote on every matter before the body, unless otherwise excused or prohibited from voting by law. A council member who is present
and abstains or does not respond to a roll call vote shall be counted as voting with the prevailing side and shall be so recorded, unless otherwise excused or prohibited by law
from voting. Conflict of interest, as defined by law, shall be the sole reason for a member to abstain from voting. The opinion of the village attorney shall be binding on the council with respect to the existence of a conflict of interest. A vote may be tabled,
if necessary, to obtain the opinion of the village attorney.
The right to vote is limited to the members of council present at the time the vote is taken. Voting by proxy or by telephone is not permitted.
All votes must be held and determined in public; no secret ballots are permitted.
F. Results of voting
In all cases where a vote is taken, the chair shall declare the result.

V. Citizen participation
A. General
Each regular council meeting agenda shall provide for reserved time for citizen participation.
If requested by a member of the council the presiding officer shall have discretion to allow a member of the audience to speak at times other than reserved time for citizen participation.
B. Length of presentation
Any person who addresses the council during a council meeting or public hearing may be limited to 2 minutes in length per individual presentation. The clerk will maintain the
official time and notify the chair when the speaker’s time is up. This can be enforced at any time by the chair. The purpose is to give as many citizens as possible time to address the council.
C. Addressing the council
When a person addresses the council, he or she shall clearly state his or her name and home address. Remarks should be confined to the question at hand and addressed to the chair in a courteous tone. The Chair may respond, redirect the question to the appropriate staff person if present, or choose to take the question under advisement to be answered at a later specified time. No person shall have the right to speak more than once on any particular subject until all other persons wishing to be heard on that subject have had the opportunity to speak.

VI. Miscellaneous
A. Adoption and amendment of rules of procedure
These rules of procedure of the council will be placed on the agenda of the first meeting of the council following the seating of a newly elected council member for review. A copy of the rules shall be distributed to each council member if requested.
The council may alter or amend its rules at any time by a vote of a majority of its members after notice has been given of the proposed alteration or amendment.
These rules should not supersede the Village of Bear Lake charter or the General Law village act.

B. Suspension of rules
The rules of the council may be suspended for a specified portion of a meeting by an affirmative vote of two-thirds of the members present except that council actions shall conform to state statutes and to the Michigan and the United State Constitutions.
C. Committees
i. Standing and special committees
The Village of Bear Lake shall have the following standing committees:
1. Planning Commission
2. Water
3. Streets, Trees, Signs, Lights and Sidewalks
4. Park
5. Building, Grounds and Equipment
6. Blight/CABA
Committee members will be appointed by the president. They shall be members of the council. The president shall fill any committee vacancies as needed. Committees and committee members may be changed to fit the needs of the village at any time.
Special committees may be established for a specific period of time by the president or by a resolution of the council which specifies the task of the special committee and the date of its dissolution. The president shall hold a seat on all committees.

ii. Citizen task forces

Citizen task forces may be established by a resolution of the council which specifies the task to be accomplished and the date of its dissolution. Members of such committees will be appointed by the president, subject to approval by a majority vote of the council and must be residents of the village. Vacancies will be appointed by the president. A citizen task force is a public body and must comply with the Open Meetings Act.
D. Authorization for contacting the village attorney
The following officials are authorized to contact the village attorney regarding municipal matters:
A. Village President
B. Village Clerk/Village Treasurer
C. Or by majority vote of the council
D. Or by approval of the Village President
E. Training for new council Members
It is required that all council members should, as soon as available, attend a training class or training conference on the Open Meetings Act and FOIA (Freedom of Information Act) or provide proof of training. It should be encouraged to attend at least one additional class or conference per year.

Motion made by _______________ to adopt the Village of Bear Lake Council Rules of
Supported by _______________.
Yeas: ________________________________________________
Nays: ________________________________________________
Motion carried.
Date: __________________