2003 Minutes

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January 8, 2003

The January 8, 2003 Village Meeting started at 7:00 p.m. at the Bear Lake Village Hall, with a Wellhead Protection Meeting.

Don Conway, the representative from Gosling Czubak was unable to attend, however a report from him was presented. Wellhead Protection Program committee members present for the meeting included; Carver Edwards, Leslie Smith, Gary McBride, Glen Moore, Dendra Best, Vern Best, Joanne Schroeder, Carol Urbanus and Jeff Harthun.

President Moore entertained a presentation from Joe Borgstrom, representative from MEDC (Michigan Economic Development Corporation), concerning Economic Development Block Grant and what steps would be involved in creating a Village of Bear Lake DDA (Downtown Development Authority).

Dendra asked for help in putting the Economic Block Grant together.

The council agreed with asking if Katie Joseph would volunteer to help with the compulsory education component of our Wellhead Protection Program. Jeff Harthun agreed to be her contact through the school.

The regular meeting of the Village Council was then called to order by President Moore at 7:35 p.m. Present were: Treasurer; Connie Guerne, Clerk; Pam Wade, Trustees; Dendra Best, Vern Best, Jeff Harthun, Joanne Schroeder, Carol Urbanus. Howard Higley, Gary McBride. Absent: Don Hyrns. Guests: Jim Reed, Carver Edwards, Jerry Johnson, and Joe Borgstrom.

Minutes: Motion made by Dendra seconded by Vern to approve the December minutes with corrections. Motion carried.

Current Fund Balances

General Fund $32,943.70 Equipment Fund $2,337.55

Major Street Fund $39,468.53 Local Street Fund $14,512.62

Park Fund $22,165.90 Water Fund $43,500.48

Building Fund $42,640.25 Library $11,604.94

Motion made by Vern seconded by Carol to accept the Treasurer’s report as read. Motion carried

Bills: Motion made by Joanne seconded by Vern to pay the bills. Motion carried.

Council Members:

Agenda procedure: It was decided that the agenda procedure will remain as is.

Files for blue prints: It was decided that Dendra will investigate purchasing blue print file folders to keep all of the Village blue prints safe and in one place, and will have a recommendation for setting up a standard archive/records management/records retention system.

Setting the budget for 2003: Joanne will help get budget ready for presenting to council at the February meeting for review.

Library:

Motion made by Vern seconded by Dendra to have Glen contact the Village attorney for a legal opinion on the transfer of ownership of the Kedde Norconk Memorial Library owned computers because of IRS complications. Vote: Yes, Dendra and Vern. No, Jeff, Joanne, Carol, Glen. Motion denied.

Permission to debit the KNML fund for all copies made (plus postage) and copies to be made: Motion made by Dendra seconded by Vern to have the Village make two sets of copies at an estimated cost of $90. Motion carried.

List of files needed to complete the KNML Institutional Records for the Village Auditor: Contractor’s mark up, Septic system and ground preparation and the State Approved Plans. Vern presented documents showing the type of building that was approved for the Library for review.

Park:

Approval to budget for up to three “bouncer” animals for the park playground: Carol will get estimates for the council.

Written regulation by council to prohibit any subleasing of a campsite by a renter: Motion made by Vern seconded by Jeff to add written regulation to the Park policy that would prohibit subleasing of a campsite by a renter. Motion carried.

Renew Bear Lake Promoters membership for the year 2003: Motion made by Vern seconded by Carol to renew this membership. Motion carried.

New Bulletin Board for the Park: Carol will start shopping for and comparing prices for a new bulletin board.

It was determined that Glen will research the location of the last survey of the Park.

Sewer: President Moore requested copies of the sewer board minutes for Council members. Along with supplying the council with copies, Vern plans to post the minutes for all who want to read them.

Vern reported on a meeting in Cadillac between the state DEQ, the federal USDA Rural Development, the Village of Onekama and the Bear Lake/Pleasanton Sewer Feasibility Board. He reported on the timeline of what is to be done this year before we can begin the application process. The Sewer Board’s proposed bonding attorney has not responded to the Village attorney’s request for clarification of the wording of the proposed Utility Authority documents.

Streets:

Motion made by Carol seconded by Vern to allow Dendra to pursue grant money through Consumer’s Energy Foundation concerning the trees. Motion carried.

Water:

A Line Item for new water mains is needed for next fiscal year, in compliance with the DEQ regulations.

Glen will talk to the Bear Lake Schools concerning the hazards of washing buses in the winter time.

Update on Carter. Glen will talk to the Carter’s.

Village Policy: Motion made by Vern seconded by Carol to adopt the Retention of Audio Tapes of Meetings Policy. Motion carried. The Policy reads as follows; “It shall be the policy of the Village of Bear Lake to retain the recordings of the council meetings until the minutes transcribed from them are approved.”

Motion made by Dendra seconded by Vern to adopt the Purchasing Policy. Motion carried. The Policy reads as follows; “The Village of Bear Lake ordains that purchases made on a regular basis by employees will require no permission. Such items would include secretarial supplies, and supplies necessary for the operation of the park, and the maintenance of the Village. Purchases of an unusual nature and/or considered “once in a lifetime purchases” require permission of the council or the president.”

Dendra presented the council with a draft regulating winter time parking in Hopkins Park.

Motion made by Carol seconded by Vern to allow Dendra to submit a letter of intent for the grant for MEDC. (Michigan Economic Development Corporation) Motion carried.

Motion made by Vern seconded by Joanne to pass the Michigan Department of Transportation Indemnification Resolution. Motion carried.

Motion made by Vern seconded by Dendra to accept the Contractual Services agreement with Manistee County to print the tax forms, at $.95 per parcel, for another year. Motion carried.

Meeting adjourned at 9:07 p.m.

Bills paid for December 2002:

Bear Lake Ace Hardware; $208.78, Bittner Hyrns P.C.; $914.50, Gosling Czubak; $2,125.00, Jackpine Business Centers; $190.97 & 28.95, Manistee County Courthouse; $234.36, Marathon Ashland Petroleum; $160.39, North Star Auto; $60.00, OMS Compliance; $34.00, The Pioneer Group; $492.50.

Respectfully Submitted,

Pam Wade, Clerk

February 12, 2003

The regular meeting of the Bear Lake Village Council was called to order by President Glen Moore at 7:30 p.m. at the Village Hall.

Present were: Treasurer; Connie Guerne, Clerk; Pam Wade, Trustees Present were; Dendra Best, Vern Best, Jeff Harthun, Joanne Schroeder and Carol Urbanus. Howard Higley. Don Hyrns was absent. Guests were; Max Coalter, Megan East, Tom Stodola.

Motion made by Vern seconded by Carol to approve the January minutes with spelling corrections made. Motion carried.

Current Fund Balances

General Fund $29,193.92 Equipment Fund $2,340.03

Major Street Fund $40,691.93 Local Street Fund $15,153.05

Park Fund $23,572.47 Water Fund $47,392.68

Building Fund $42,685.52 Library $11,498.20

Motion made by Vern seconded by Dendra to pay the bills except for the amount of $1,405.50 from Bittner, Hyrns, Lasata, Riemland & Daly P.C. as $914.50 was paid in December. Motion carried.

General: Meagan East handed out questionnaire’s to everyone present at the meeting, concerning the controversy about the downtown area buildings, for a paper that she is working on for a college English Composition course that she is taking.

New Business:

Glen advised the council that Charter Communications sent a letter informing us about rate changes starting in March.

Motion made by Vern seconded by Carol to hold the annual budget hearing on March 12, 2003 at 7:00 p.m. at the Bear Lake Village hall. Motion carried.

A moment of silence was observed for those lives lost and the families of those who perished in Space Shuttle Columbia. Village Council Members, as individuals, asked to donate a NASA book as a memorial to the Community shelf at the Keddie Norconk Library.

Library: Motion made by Joanne seconded by Vern to amend the Library budget as follows: Capital Outlay from $85,000 to $124, 000; Repair and Maintenance from $2,000 to $2,500; Miscellaneous from $1,000 to $1,500.

The Bylaws of the Keddie Norconk Memorial Library Board were presented and discussed along with suggested changes. Vern was asked to draft changes for the Keddie Norconk Memorial Board president

Park: Motion made by Carol seconded by Vern to accept the Winter parking policy. Yes; Dendra, Vern, Joanne, Carol. No; Glen. Motion carried.

Jim Reed’s request for permanent access through the Hopkins Park was tabled. A lease license agreement will be written and presented setting conditions for an access for consideration at the March 2003 village meeting. Motion made by Carol seconded by Dendra to purchase a new Bulletin board for the Park at a cost of approximately $450.00. Motion carried.

Sewer: The Village attorney has redrafted the documents authorizing the Bear Lake-Pleasanton Area Utilities Authority as per our request. A copy has been sent to Mr.Wilson’s office for review.

Streets: Motion made by Carol seconded by Vern to adopt the Uniform Traffic Code for Cities, Townships and Villages as ordinance #2003-01. Motion carried. Motion made by Dendra seconded by Vern to adopt Maximum Allowable Speed for Motorized Vehicles as ordinance #2003-02. Motion carried.

Dendra reported on the cataloging of the trees with a provisional total of 546 being numbered. The next step is a condition survey.

Water: Motion made by Vern seconded by Carol to pay the annual American Water Works Association membership fee of $57.00 for Gary McBride, Village Water Superintendent and inquire about getting a membership for Howard, not to exceed the amount of $57.00 per year. Joanne and Carol have completed a map of the water valves. Lane and Mary Carter have declined our offer because of finance issues. Motion made by Joanne seconded by Vern to authorize Glen to contact the Village attorney to draft a lease/easement agreement with the Village and the Carters, with the Village having the first option to purchase the surveyed property adjacent to the water tower at the time when the Carter property is sold. Motion carried.

Old Business: DDA; Dendra reported that no commitment from the downtown business owners had been received and that a letter of intent for the MEDC grant had not been submitted. Glen asked Dendra to report back on further steps concerning the METRO ACT that we need in order to comply.

Map racks: Motion made by Jeff seconded by Joanne to purchase the map racks and bags for the blue prints storage and preservation at a cost of approximately $350.00. Motion carried.

Meeting adjourned at 9:25 p.m.

Bills paid for January: Auto Owners Insurance; $782.61, $2,335.84; BC/BS; $270.04; Bittner, Hyrns, Lasata, Riemland & Daly PC; $499.00, C.N.A. Surety; $50.00; Kent County Health Dept.; $48.00, $48.00; Mathieu Insurance Agency; $1,601.00; Marathon Ashland; $259.02; McBride Septic Systems; $50.00;

Mc Leod’s Sales & Service; $481.97; Michigan Association or Municipal Clerks; $50.00; Northstar Automotive; $60.00; Pam Wade; $98.00.

Respectfully Submitted,

Pam Wade, Village Clerk

March 12, 2003

The March 12, 2003 Village meeting started at 7:30 p.m. at the Bear Lake Village Hall with the scheduled Budget Hearing for 2003/2004. Present were: President; Glen Moore, Treasurer; Connie Guerne, Clerk; Pam Wade, Trustees; Dendra Best, Vern Best, Jeff Harthun, Don Hyrns, Joanne Schroeder and Carol Urbanus. Howard Higley.

Regular meeting followed the budget hearing at 7:40 p.m.

Minutes: Motion made by Vern seconded by Carol to accept the February minutes as corrected. Motion carried.

Current Fund Balances

General Fund $25,373.77 Equipment Fund $2,342.51

Major Street Fund $42,111.90 Local Street Fund $15,791.80

Park Fund $28,473.78 Water Fund $47,459.04

Building Fund $42,730.84 Library $11,620.90

Motion made by Vern seconded by Dendra to accept the Treasurer’s Report.

Motion carried.

Budget: Motion made by Dendra seconded by Vern to accept the 2003/2004 budget as corrected and keep the millage at 10 mills. Motion carried.

Bills: Motion made by Vern seconded by Don to pay bills except for the bill from Keddie Norconk Memorial Library which needs to be resubmitted due to an error in the amount of the bill. Motion carried.

Council Members: Connie asked the council to consider changing the day of the week that we hold the Village meetings: This will be discussed at the April meeting.

Motion made by Carol seconded by Don to approve Dendra attending the Downtown Improvement work shop in Lansing and to allow reimbursement to Dendra for conference fees of $65, motel fees of $72, and mileage. Motion carried.

New Business:

Motion made by Vern seconded by Carol to reserve our “.gov” domain name for our website, on a recommendation from Dendra. Motion carried.

Motion made by Dendra seconded by Vern to authorize Joanne to research the agreement for police protection ordinance with the Manistee County Prosecuting Attorney and the Manistee County Sheriffs Office. Motion carried.

Joanne will work on a policy concerning the use of credit cards by Village trustees and employees, for the April meeting.

New Flags: Motion made by Vern seconded by Joanne to order two (2) Michigan Flags at a cost of $18 each and six (6) U.S. Flags at a cost of $15 each, to replace the ones that we have. Motion carried.

Library: Motion made by Joanne seconded by Vern to accept the amendment to the original agreement to create the Keddie Norconk Library Board.

Motion carried.

Park: Motion made by Vern seconded by Joanne to submit the agreement of a lease/license agreement to Jim Reed as it is written. Yes votes: Dendra, Vern, Jeff, Don, Joanne and Carol. Abstain: Glen. Carol reported that reservations are coming in for this summer camping season.

Sewer: Motion made by Joanne seconded by Vern to sign the document creating the Bear Lake Pleasanton Utilities Authority. Motion carried.

Streets: Joanne reported on the request to Consumer’s Energy to have utility poles removed in the downtown area. The cost to the Village would be approximately $1,100.00 with an additional cost of $300.00 for anchor on the pole at location 3.

Water: Glen reported that the easement agreement with the Carter’s is in progress. Motion made by Dendra seconded by Vern to approve a request by Dendra to investigate a grant application from the Michigan Community Foundation Water Quality Initiative in the amount of $1,000.00 to $1,500.00 to publicicize the educational part of the Wellhead grant.

Equipment: Glen reported that the Village needs a new sander.

Old Business: Carol reported that the new bulletin board for Hopkins Park is here and will be put up as soon as weather permits.

Meeting adjourned at 9:20 p.m.

Bills paid for February: Auto Owners Insurance; $782.61, Bear Lake Ace Hardware; $207.58, Marathon Ashland; $344.48, NAPA Auto Parts; $21.90, Dale Stanton, CPA; $575.00, Peninsula Office Furniture and Supply; $701.21.

Respectfully Submitted,

Pam Wade, Village Clerk

April 9, 2003

The regular meeting of the Bear Lake Village Council was called to order by President Glen Moore at 7:30 p.m. at the Bear Lake Village Hall. Present: Treasurer; Connie Gurene, Clerk; Pam Wade, Trustees: Dendra Best, Vern Best, Don Hyrns, Joanne Schroeder and Carol Urbanus. Howard Higley. Guest; Tim Richards. Absent: Jeff Harthun.

Minutes: Motion made by Vern seconded by Don to approve the March minutes as corrected. (correcting the requested amount of the grant, from $15,000 to $1,500.) Motion carried.

Current Fund Balances

General Fund $28,210.05 Equipment Fund $4,344.76

Major Street Fund $34,291.44 Local Street Fund $4,981.21

Park Fund $30,980.37 Water Fund $45,909.15

Building Fund $54,771.81 Library $11,285.70

Motion made by Vern seconded by Carol to accept the Treasurer’s report. Motion carried.

Bills: Motion made by Joanne seconded by Dendra to pay the bills. Motion carried.

Council Members: Dendra reported that the “.gov” domain name for the Village web site has been reserved and a letter of confirmation will be sent.

Dendra also reported that the visits to the Village website are soaring with a total of 2,931 visits in March alone. Dendra made a report concerning the franchise agreement between Charter Communications and the Village. Dendra recommended that the council discuss this agreement at the meeting in May.

Carol asked if the new flags have arrived. They have been ordered and will arrive soon. Carol also asked about sending a letter of welcome to new businesses in the Village. Motion made by Vern seconded by Carol to have Carol and Pam send out a “Welcome” letter to any and all new businesses, on behalf of the Village Council, from now on. Motion carried. Carol has concerns about the intersection at Lynn and Potter being very dangerous and not having a speed limit. Motion made by Vern seconded by Carol to contact Bear Lake township to request a 35 mile an hour speed limit sign be posted on Potter Rd coming east from U.S.-31 going west and on the north side of Potter Rd. going west, near Smith St. and to request that a “hidden intersection” sign be posted near the corner of Lynn St. & Potter Rd. Motion carried.

Motion made by Carol seconded by Dendra that the Committee members for 2003 remain the same as they were for 2002 and to eliminate the Library and Sewer committees which are no longer needed. Motion carried.

Motion made by Vern seconded by Don that the Village withdraw form the Keddie Norconk Memorial Library Board and that written notice be sent to the clerks of Bear Lake and Pleasanton Townships. Motion carried.

Don asked the council for permission to investigate possible locations for park benches in the Village, with Bear Lake Promoters donating the cost for the benches. Permission granted.

Connie asked the council to appoint a deputy Treasurer. Motion Made by Dendra seconded by Vern to appoint Ricke Guerne as the deputy treasurer. Motion carried.

New Business:

Brush Clean up: Motion made by Vern seconded by Don to have Ed Thompson take care of brush removal this year. Motion carried.

Sam’s Club: Connie obtained a membership from Sam’s Club for purchasing supplies for the Village. Motion made by Vern seconded by Dendra to apply for the Sam’s Club credit card. Motion carried. Pam has obtained a credit card for Staple’s Office Supply for purchasing office supplies for the Village.

Leaf Compost: Vern recommended that the Village get estimates to put a chain link fence around the leaf compost for safety reasons, when they get the estimate for the fence around the water tank.

Park: Brine for the Park: Motion made by Vern seconded by Carol to have Carol request brining of the Park roadways and the alleyway behind the Bear Lake Country Kitchen restaurant from Key Energy. Motion carried.

Carol reported the progress on the park improvements. Many thanks to all of those folks that helped to put in the new posts at the “work bee.” Reflectors will be installed on the posts for improved visibility.

Sewer: The Sewer Board has been replaced with the Bear Lake-Pleasanton Utility Bond Authority Board. Motion made by Vern seconded by Carol to appoint Joanne and Don to the Bear Lake-Pleasanton Utility Bond Authority Board, as representatives from the Village. Both Joanne and Don declined the appointment.

Motion made by Vern seconded by Carol to appoint Dendra and Glen to the Bear Lake-Pleasanton Utility Bond Authority Board as representatives from the Village. Dendra and Glen accepted the appointment. Motion carried.

Streets: Vern reported that the tree survey is complete and posted on the Village computer. Ed Thompson will be contacted about listing dead trees for a grant application to Consumer’s Energy.

Council agreed to close the following streets for Bear Lake Days on Saturday July 12, 2003. Close: Main Street from Wise to Virginia, Lynn Street from U.S.31 to Main Street and Virginia Street from U.S.31 to Main Street.

Motion made by Vern seconded by Carol to send in a permit application to MDOT to close the streets for Bear Lake Days on July 12, 2003. Motion carried.

Water: Glen reported that the lease/license agreement with the Carter’s is still in progress. Vern reported that Dendra applied for a grant of $875.00 and received a grant from the Manistee Community Foundation Water Quality Initiative in the amount of $1,012.50 for the Education part of our Wellhead Protection project.

Motion made by Vern seconded by Don to appoint Carol, Dendra and Jeff to the Wellhead Protection Education Committee. Motion carried. Concerns were raised about the underground water leak on Euclid Street. The water main needs to be repaired.

Equipment: Motion made by Vern seconded by Don to advertise bids for the dock and tractor in the Manistee News advocate. Motion carried. Howard reported that the equipment salesman may have a sander for the Village in the near future, but that the price is not yet known.

Old Business: Meeting Day: The council decided to table the decision about changing the day of the week that the Village meetings are held until the May meeting.

Credit Card Policy: Joanne presented the credit card policy. Motion made by Don seconded by Vern to accept the credit card policy as written. Motion carried.

Meeting adjourned at 9:25 p.m.

Bills paid for March: Auto Owners Insurance; $782.61, Bear Lake Ace Hardware; $77.84, Bear Lake Township; $5,000.00, Blarney Castle Oil; $315.95, Kent County Health Department; $48.00, Marathon Ashland; $166.11, Pioneer Press Printing; $28.00, $206.40, Pioneer Group; $25.73,

Dale Stanton; $445.00.

Respectfully Submitted,

Pam Wade, Village Clerk

May 14, 2003

The regular meeting of the Bear Lake Village Council was called to order by President Glen Moore at 7:30 p.m. at the Bear Lake Village Hall. Present: Treasurer; Connie Guerne, Clerk; Pam Wade, Trustees; Dendra Best, Vern Best, Don Hyrns, Jeff Harthun, Joanne Schroeder and Carol Urbanus. Howard Higley. Guest; Karen Bruchan.

Minutes: Motion made by Vern seconded by Carol to approve the April minutes as presented. Motion carried.

Guest: Karen Bruchan from the Manistee County Community Foundation presented President Glen Moore, a check in the amount of $1,012.50 to contribute toward the education component of the Village’s Wellhead Protection Initiative, which will be developed in collaboration with the 4th and 5th grades and the high school students in Bear Lake.

Current Fund Balances

General Fund $18,173.12 Equipment Fund $4,348.00

Major Street Fund $35,474.01 Local Street Fund $5,852.27

Park Fund $33,916.17 Water Fund $53,037.48

Building Fund $54,821.74 Library $11,193.94

Motion made by Carol seconded by Vern to accept the Treasurer’s Report. Motion carried.

Bills: Motion made by Vern seconded by Dendra to pay bills. Motion carried.

Council Members: Dendra gave information on the Downtown Development workshop that she attended. The information was very informative with some very helpful ideas that have possibilities of being implemented concerning downtown parking for people passing through with RV’s and for new signs that may help passers by locate points of interest, such as the Library, Banking and the Post Office. Joanne will inquire to the Manistee County Library concerning a sign for the Keddie Norconk Memorial Library. Dendra, Joanne and Carol will attend the Bear Lake Township Board meeting to inquire about paving the parking lot at the Township hall.

Vern reported that there are 3 trees in the Village that need immediate attention. A total of $900 is needed to completely remove those trees. Motion made by Don seconded by Carol to have the three trees removed. Motion carried.

Glen reported that Charter Communications will raise the rates for Digital Cable Connections next month.

Connie asked permission store the old desk at her house. Permission granted.

Clerk reported that the Village Auditor recommends that the bonds for Clerk and Treasurer be raised to $100,000 each and that Carol also be bonded in the amount of $5,000. Motion made by Vern seconded by Don to accept the recommendation of the Auditor and raise the Bonding amounts of the Clerk and Treasurer and to get a bond for Carol, in the above amounts. Motion carried.

New Business:

Glen reported that the trees in the downtown area planted by the Bear Lake Promoters need to be trimmed and/or relocated.

A letter will be sent to the owners of the building downtown who have made improvements to thank them for doing so.

The camp host and hostess are able to continue help with the summer job duties.

A time table will be set up for any and all water repairs in the future.

Connie recommended to the council that there be no increase in the 10 millage levied at this time. Motion made by Vern seconded by Don to keep the tax millage at 10 and to approve a resolution to extend the collections date without penalties to February 29, 2003. Motion carried.

Motion made by Joanne seconded by Dendra to give the Treasurer and Clerk each a $50/month pay raise. Motion carried.

A drop box will be posted at the clerk’s residence as soon as possible.

Motion made by Joanne seconded by Don to renew the Village Domain name for the web site for 5 years at the rate of $19 per year. Motion carried.

Park: 15 (correction at May Meeting to read: 7) seasonal campers are now in the park. There is a problem with the new bulletin board leaking water. Carol will work with the company to try to find a solution to the problem.

Sewer: Utilities Authority Report was given by Dendra. Motion made by Vern seconded by Dendra to leave our funds with the Bear Lake Township board to satisfy former financial obligations brought to the Bear Lake Pleasanton Sewer Board that is now defunct. Motion carried. Motion made by Vern seconded by Dendra to ask the Village attorney to be present at the next Utility Bonding Authority Board meeting on May 21, 2003 at 7:00 p.m. at the Pleasanton Township Hall. Yes; Dendra, Vern, Jeff, Joanne, Carol, Glen. Abstain; Don. Motion carried.

Motion made by Vern seconded by Jeff to give Glen permission to contact the Village attorney to ask him to attend the next U.A.B. meeting. Motion carried.

Streets: Dendra reported that 10 trees damaged by Consumers Energy need to come out. The total estimate for this and the other 19 trees that need attention is $50,000.00. Dendra will apply for a grant to help provide the cost.

Water: Wellhead Protection program is moving into the next phase. Volunteers for the Wellhead Protection Committee are needed from various aspects of the Village and Township and Dendra is in the process of getting the needed people to sit on the committee. Glen reported that the agreement with the Carter’s is nearly completed.

Equipment: Motion made by Joanne seconded by Carol to accept the highest bid on the John Deere tractor of $1,376.00. Motion carried.

All bids on the 8 sections of dock were rejected.

Ordinances: Glen reported that the director of the METRO Act has sent a letter stating that the Village has met the requirements needed to “opt in” and are now qualified to receive the grant money.

Old Business: Motion made by Don seconded by Dendra to change the Village meeting day to the second Tuesday of each month starting with the June 2003 meeting. Motion carried.

Meeting adjourned at 9:40 p.m.

Bills paid for April:

Absolute Safety; $70.90, Bear Lake Ace Hardware; $475.72, Bittner, Hyrns, Daly, Reimland; $900.00, BC/BS; $270.04, Dale Stanton CPA; $625.00 Dendra Best; $114.92, Jackpine Business Centers; $50.77, Keddie Norconk Memorial Library; $102.00, Kent County Health Department; $96.00, Marathon Ashland; $89.83, Mathieu Insurance Agency; $3,461.00, McBride Septic Systems; $217.50, Pioneer Group; $10.21, State of the Art Framing and Gallery; $37.50, Thompson’s Tree Removal; $270.00.

Respectfully Submitted,

Pam Wade, Village Clerk

June 10, 2003

The regular meeting of the Bear Lake Village Council was called to order by President Glen Moore at 7:30 p.m. at the Bear Lake Village Hall.

Present: Treasurer; Connie Guerne, Clerk; Pam Wade, Trustees; Dendra Best, Vern Best, Don Hyrns, Jeff Harthun, Joanne Schroeder, Carol Urbanus. Howard Higley. Guests present; Manistee County Sheriff; Dale Kowalkowski and Tim Richards.

Minutes: Motion made by Vern seconded by Dendra to approve the May minutes as corrected (correcting of the number of seasonal campers to 7.) Motion carried.

Treasurer’s Report:

Current Fund Balances

General Fund $13,643.01 Equipment Fund $4,352.47

Major Street Fund $36,942.75 Minor Street Fund $8,668.90

Park Fund $33,856.19 Water Fund $53,478.13

Building Fund $54,878.06 Library $11,285.14

Motion made by Carol seconded by Don to accept Treasurer’s Report. Motion carried.

Motion made by Joanne seconded by Carol to amend the budget as follows:

Local Streets Salaries and Wages from $700 to $2,500.

Local Streets Equipment Rentals from $2,000 to $9,000.

Major Streets Salaries and Wages from $1,000 to $2,000.

Major Streets Equipment Rentals from $4,300 to $8,000.

Park Printing and Publishing from $100 to $600.

General Fund Holiday Decorations from $300 to $600.

Motion Carried.

Bills: Motion made by Dendra seconded by Vern to pay the bills presented.Motion carried.

Motion made by Vern seconded by Jeff to pay the Blue Cross/Blue Shield monthly bill when due as it is a contract bill. Motion carried.

Guests: Sheriff Kowalkowski explained the Police Protection Agreement and recommended some changes in the wording of the agreement. He also asked for and received a copy of our ordinances and recommended we reconsider a noise ordinance. Joanne provided the draft version we have been working on.

Motion made by Vern seconded by Dendra to change the wording of the agreement. Motion carried.(Correcting motion made by Vern at the July meeting to read “accept the Police Protection Agreement with the suggested amended wording.”)

Council Members: Dendra gave a report concerning the Web site. During May 2003, there was an average of 106 visits per day. During the first ten (10) days of June 2003, there have been a total of 953 visitors. Also, the Summer newsletter will go out with the Tax notices. Council agreed to look into sponsoring a local workshop on the “Sunshine Laws.”

Joanne brought estimates for the signs for the Library, Post Office and School to be put on the side of the township building and on the billboard next to the Village Hall. Motion made by Dendra seconded by Don to allocate up to $200 for the signs. Motion carried.

New Business: Sam’s calling card for Treasurer and Clerk: Motion made by Dendra seconded by Don to purchase calling cards for the Treasurer and Clerk for official Village use. Motion carried.

Sidewalk Replacement request: Syd Schroeder requested in writing that the Village split the cost of repairing/replacing the sidewalk in front of his residence at a cost of $156.00. Motion made by Jeff seconded by Dendra to honor the request.

Motion carried.

Park: Carol reported that Trustees and other volunteers repainted the Bear Lake sign, fencing and did landscaping down at the public beach. Carol will check into listing the Hopkins Park separately in the telephone book to try to eliminate the confusion of campers who are trying to reach the park. Carol requested help for Howard on the week ends.

The new bulletin board for the park; will be replaced by the company that it was purchased from due to the fact that they mistakenly sent an inside bulletin board when an outside bulletin board was ordered, which is the reason for the leaking.

Sewer: Dendra gave a report on the Bear Lake/Pleasanton Utilities Authority Board meeting. Copy of the report is attached. Motion made by Don seconded by Vern to appoint Carol as the alternate Bear Lake/Pleasanton Utilities Authority Board member. Yes; Dendra, Vern, Jeff, Don, Joanne and Glen. No; Carol. Motion carried.

Streets: Vern gave a report concerning the removal of two dead and dangerous trees at a cost of $900.00 each. Motion made by Jeff seconded by Dendra to remove the trees. Motion carried. Vern also reported that several residents have expressed interest in planting trees. This project will take place in the fall.

Water: Dendra reported that letters have been received from Greg Webster, the Principal of the Bear Lake Schools, has agreeing to fence in the area over our water wells and to correct the water line problem. The clerk was asked to write a formal request for the Village to speak at the June 25th School Board meeting, concerning our Well head Protection Program.

Glen reported that the agreement with the Carter’s is near completion.

The Consumer’s Confidence Report will be submitted by July first.

Wellhead Protection Update: The next round of grants is coming up and President Moore signed the application. We have met all of the requirements for the grant application with a newly reformed committee. Acopy of the DEQ accepted report will be posted to our web site.

Equipment: Glen reported that the 8 sections of dock that the Village had for sale, have been sold for a total of $800.00.

Old Business: Update on METRO Act. The Bi-Lateral agreement with CenturyTel concerning the METRO, a contract for 15 years with a renewal option at 5year intervals, has been signed and returned. Motion made by Dendra seconded by Vern to create a line item named “Income METRO” and by resolution adopt the guideline that the money received may only be used for road right of way infrastructure improvements. Motion carried.

Joanne reported that the Keddie Norconk Memorial Library Board members are looking for reassurance that the council members are sure about the Village “opting out” of the of the Keddie Norconk Memorial Libarary board. The Village council members are in agreement on the subject.

Carol and Dendra attended the May Bear Lake Township meeting to request speed signs for Potter Road, signage permission for the Township Hall and to reconsider our request to gravel their vacant lot to assist downtown businesses. The Township agreed to consider those issues.

Meeting adjourned at 9:40 p.m.

Respectfully Submitted,

Pam Wade, Clerk

Bills paid for May 2003:

Bear Lake Ace Hardware; $52.98, Blue Cross/Blue Shield; $270.04, Dawn Chemical Corp.; $588.71, Haviland; $262.00, Key Energy; $97.65, Kent County Health Department; $60.00, Marathon Ashland; $43.70, McBride Septic Systems; $375.00, 52.50, NAPA Auto Parts; $36.84, Pioneer Press Printing; $118.00, $26.35, Premarc; $137.00, Schafer Excavating; $186.56, Shoreline Waste Services; $69.09, Thompson Tree Removal; $1,080.00, Carol Urbanus; $47.37. for Carol, in the above amounts.

Report to Village of Bear Lake Council:June 18, meeting of the Bear Lake Pleasanton Area Utilities Authority.

We presented a written request to correct serious errors in the April minutes. (see next attachment) Upon an objection that you cannot correct previously approved minutes a motion was made, seconded and approved to attach the written request to the June Minutes and note that in the minutes.

The Secretary requested we table acceptance of the May minutes until July to give him time to review our written request listing corrections to the May minutes. There was no motion or second to that.

An objection was made to the notation that Mr. Dennis Nieman, at the May meeting, stated that as each government had to vote to enter into a financing contract with the Utility Authority, and that in so doing had to pledge the good faith of its general fund, Village of Bear Lake voters could participate in both the gathering of signatures and any referendum vote as we are taxpayers to both the Village and Township general fund and we are registered voters of Bear Lake Township. (We would not be able to participate in either action for the establishment of the Township Special Assessment District however.)

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Finance: A Treasurer’s Report was presented for the BLPL Sewer Feasibility Board. It showed an ending balance of $431.73 and 3 checks being distributed to each entity – 2 coming back in as transfers from BL Township and Pleasanton Township. As there are 2 large outstanding bills a question was raised what the term ‘sewer bills’ as used in the report meant and which were Prein Newhof and which were Attorney Wilson’s. I noted that in the April Treasurer’s Report Prein Newhof’s had been separated out to read $21,050.17 , and $4,469.80 for a total of $25,519.97 – with no additional payment being noted on the May Report. Apparently another bill is outsanding for Attorney Wilson of $960 but a copy was not available.

Treasurer Don Shreve had the necessary Resolution to open a bank account and it was necessary to name the authorizing officers and their duties. We quoted the Articles of Incorporation which state that all checks must be signed by both the Chair and Treasurer with Secretary as alternate for the Treasurer. It was agreed and passed.

The issue of a bond was not addressed.

The issue of the Authority having no budget was then addressed.

Mr. Alkire raised the issue of whether the Board wanted to pay itself a salary – after some discussion we pointed out that the statute this Board was formed under specifically prohibits that and is so stated in the Articles of Incorporation. It was agreed that each government could vote to make a ‘per meeting’ payment to its own members from its own funds.

Don Shreve presented a limited 2 line item budget with the reference that he didn’t see the need to have a ‘budget with lots of blank spaces’. I handed out an alternate version, extracted from an actual currently operating Utility Authority – see attached – It was then noted the size of the outstanding bills ( $12,745.18 to Prein Newhof, $960 to Mr. Wilson) It was also noted that any budget must be approved by each entity before it is adopted by the Authority and no bills can be paid until then and then not until there is cash to cover them.

Mr. Wilson stated he estimated his bills for the remainder of this year at @$5000. Therefore a motion was made to send a 3 line item budget of $13,000 for engineering, $5000 for legal and $1000 for general administration to each entity for approval. All voted yes except Dendra.

There is still an unaccounted issue of payment for a listed Environmental Assessment at $5000 which is listed as part of the application and part of Prein newhof’s prelimiary Study – in addition to the $37,500 which was bid. There is also an outstanding obligation of 3 months salary to the previous Sewer Board members.

There was an estimate made of what our third will be but I specifically asked that no bill be sent until we approve the budget which should be placed on our July Agenda for discussion.

We have been assured that Bear Lake Township clerk will provide copies of all the itemized invoices associated with the past sewer board.

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The issue of the Engineering Contract, being presented for our approval, was discussed but Mr. Wilson stated he had not had time to review it. I noted we had had our Attorney Hyrns review it and we made the following request: that because there are provisions for the engineer to assess costs upon termination and because of the speculative nature of the project scope and funding, where ‘date of commencement’ is listed it be filled in as “Upon an offer being received from USDA RD and accepted by each entity”. Mr. Wilson said he would be happy to receive suggestions from Attorney Hyrns.

It was our understanding, from the documents of the RD application, that this Engineering contract had to be attached? But Mr. Wilson stated the application had gone in already. He noted that Prein Newhof cannot find the copy of our FY2002 Audit which was mailed by the Clerk over 2 weeks ago.

Mr. Wilson relayed a request from Prein Newhof that we authorize them to begin mapping the SAD’s – but we pointed out that each Clerk has the parcel and property descriptions and can do that at no addtional cost when the time arrives. (Prein Newhof’s stated rate for this as part of prelimary work is $42,500)

We then asked the question if the RD application was made for funds available this FY2003 or for FY2004? Mr. Wilson stated it was submitted in May so was for this current FY2003 – whereupon we bought to the meetings attention the actual level of funding released by RD for use in projects within the State of MI – GUARANTEED LOANS $1,828,000 – DIRECT LOANS $31,531,000 – GRANTS $16,780,000.

We are requesting $10.863m so it was noted our chances of funding are slim this year with no guarantee the funding situation will improve next.

**********************************

There were over 20 individuals present, at least one who had no prior knowledge that this sewer system was being proposed. We pointed out that the meeting dates notices are posted at each municipal office, at the Library and the Post Office, that the Engineering Study is available on CD ROM and as the printed version, of both the draft and Final, at the Library and as a full download from the Village web site and that from now on the Minutes will also be published on our web site. Further, anyone may request written notification of meeting changes and is free to do so via email to clerk@bearlakemichigan.org. (It is a suggestion that we create a bulletin Board on the web site to foster discussion.)

Don Shreve asked for a clarification that any of the entities was free to pursue other grant sources – the answer is yes, and the Village has actively been researching alternative sources of funding and alternative methods of delivering the sanitary services we acknowledge we need, as a back up and interim solution should the RD application fail.

When asked about the possibility of having a weekend public meeting Mr. Alkire stated that would not happen until the offer had been received and accepted from USDA RD. We pointed out that any interested individuals could hold their own Town Hall meeting and ask us to come to discuss the project. We asked if each Township had invited public comment on the design and scope of the system prior to instructing the engineers – the answer was no.

***********************************

There still seemed to be some confusion in the audience as to who was ‘in’ and who was ‘out’ of the service area or at what point they had the option to ask to be included or petition to be excluded.

For the Village, this is only an issue where we touch the Township boundary on Russell and Potter – we also noted that sewer lines cannot run within proximity to our water wells.

The actual referendum process for both a) initial Notice of Intent to enter into a contract AND b) the Notice of Intent to form a Special Assessment District was discussed in some detail. The actual ACT MUNICIPAL SEWAGE AND WATER SUPPLY SYSTEMS Act 233 of 1955 is quite clear on the process:

124.288 Municipality desiring to contract with authority; authorization; resolution; notice; contents; execution and delivery of contract; effective date; petition requesting referendum upon contract; voting; effect of action taken prior to effective date of subsection (2); special election; verification of petition signatures; number of registered electors.

Sec. 8.

(1) A municipality desiring to enter into a contract with the authority under section 7 shall authorize, by resolution of its governing body, the execution of the contract. After the adoption of the resolution, a notice of the resolution shall be published in a newspaper of general publication in the municipality, which notice shall state:

(a) That the governing body has adopted a resolution authorizing execution of the contract.

(b) The purpose of the contract.

(c) The source of payment for the contractual obligation.

(d) The right of referendum on the contract.

(e) Other information as the governing body determines to be necessary to adequately inform all interested persons of the nature of the obligation.

The contract is not subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.

(2) The contract may be executed and delivered by the municipality upon approval by its governing body without a vote of the electors on the contract, but the contract shall not become effective until the expiration of 45 days after the date of publication of the notice. If within the 45-day period a petition signed by not less than 10% or 15,000, whichever is less, of the registered electors residing within the limits of the municipality is filed with the clerk of the municipality requesting a referendum upon the contract, the contract shall not become effective until approved by the vote of a majority of the electors of the municipality qualified to vote and voting on the question at a general or special election.

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At that point the Village would have to define our SAD – Special Assessment District. The manner in which we do that is governed by the General Law Village Act which calls for a differing mechanism than that of the Townships. (See notes on the GVA at the end of these notes) The Village Clerk needs to determine IF we currently have an ordinance to “provide special assessment procedure”? If not we will need to draft, approve and publish one, under the terms of the GVA, before we can proceed.

At the May meeting, Bonding Attorney Dennis Nieman pointed that out.

He said: If the referendum vote is favorable – or IF there isn’t one at all – we would proceed to the next step – which is to formally establish each unit of governments Special Assessment District for sewer service. At THAT point another Public Hearing is held within 60-90 days to hear comments/ complaints from those specifically included only WITHIN the SAD, and only those. If 20% of those within each and any of the SAD’s sign a legal petition for a referendum vote then THOSE affected will be polled in each and any SAD only. 51% in favor of the SAD in each unit is necessary to proceed.

When it was asked how who gets to vote is determined – is it by linear frontage, by property owner, by total square footage – he stated it was up to us to decide a fair method of polling but that that was customarily by the frontage footage.

IN EITHER EVENT, IN EITHER OF THE TWO OPPORTUNITIES TO PRESENT A PETITION, IF 51% OF ELIGIBLE SIGNATURES ARE PRESENTED AS OPPOSED TO THE CONTRACT BEING OFFERED THEN THE ISSUE DIES.

The meeting ended with us presenting the report we gave to last Village Council meeting listing how our questions and clarifications of policy and procedures were answered at that meeting. As it is now part of our official record we asked it be attached to the June meeting minutes.

Next meeting will be July 15, 2003

We will send a written reminder requesting we receive a copy of the June minutes within 8 business days and a copy of the Agenda within 3 days of the meeting for forwarding to our Clerk to present for public examination. Glen audio taped this meeting. We have not thus far received the requested copy audio tape of the May meeting.

Respectfully. Dendra and Glen.

THE GENERAL LAW VILLAGE ACT (EXCERPT)

Act 3 of 1895

69.5 Authority of council to levy taxes; street and other local improvements; special assessment proceeds.

Sec. 5.

The council may raise by special assessment upon the lands in sewer districts and special assessment districts, for the purpose of defraying the cost and expense of grading, paving, and graveling streets, and for constructing drains and sewers, and for making other local improvements, charged upon the lands in the district in proportion to frontage or benefits, such sums as they shall consider necessary to defray the costs of the improvements.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895 ;–CL 1897, 2856 ;–CL 1915, 2730 ;–CL 1929, 1639 ;–CL 1948, 69.5 ;–Am. 1969, Act 58, Imd. Eff. July 21, 1969 ;–Am. 1998, Act 254, Imd. Eff. July 13, 1998 ;–Am. 2002, Act 276, Imd. Eff. May 9, 2002 .

68.31 Expense of local public improvement or repair; special assessments.

Sec. 31.

The council of the village by adopting a resolution pursuant to section 5 of chapter V may determine that the whole or a part of the expense of a local public improvement or repair shall be defrayed by special assessments upon the property specially benefited.

History: Add. 1974, Act 4, Imd. Eff. Jan. 30, 1974 ;–Am. 1998, Act 254, Imd. Eff. July 13, 1998 .

68.32 Ordinance providing special assessment procedure; contents; additional assessments; disposition of excess assessments; payment of future due installments.

Sec. 32.

The complete special assessment procedure to be used, including the time when special assessments may be levied; the kinds of local public improvements for which a hearing is required on the resolution levying the special assessments; the preparing of plans and specifications; estimated costs; the preparation, hearing, and correction of the special assessment roll; the collection of special assessments; the assessment of single lots or parcels; and any other matters concerning the making of improvements by the special assessment method, shall be provided by ordinance. The ordinance shall authorize additional assessments, if the prior assessment proves insufficient to pay for the improvement or is determined to be invalid, in whole or in part, and shall provide for the refund of excess assessments; however, if the excess is less than 5% of total cost as defined by ordinance, it may be placed in the general fund of the village. The payment of future due installments of a special assessment against a parcel of land may be made at any time in full, with interest accrued to the due date of the next installment.

History: Add. 1974, Act 4, Imd. Eff. Jan. 30, 1974 ;–Am. 1978, Act 29, Imd. Eff. Feb. 24, 1978 .

68.34 Action to contest collection of special assessment; illegal assessment roll.

Sec. 34.

An action to contest the collection of a special assessment shall be instituted under the tax tribunal act, 1973 PA 186, MCL 205.701 to 205.779.

History: Add. 1974, Act 4, Imd. Eff. Jan. 30, 1974 ;–Am. 1998, Act 254, Imd. Eff. July 13, 1998 .

July 8, 2003

The regular meeting of the Bear Lake Village Council was called to order by President Glen Moore at 7:30 p.m. at the Bear Lake Village Hall. Present: Treasurer; Connie Guerne, Clerk; Pam Wade, Trustees; Dendra Best, Vern Best, Don Hyrns, Jeff Harthun, Joanne Schroeder, Carol Urbanus. Howard Higley. Guest; Tim Richards.

Minutes: Motion made by Carol seconded by Dendra to accept the June minutes as corrected. (Correcting motion made by Vern to read “accept the police protection agreement with the suggested amended wording.”) Motion carried.

Treasurer’s Report:

Current Fund Balances

General Fund $21,198.46 Equipment Fund $4,357.09

Major Street Fund $35,328.46 Minor Street Fund $1,889.85

Park Fund $33,549.39 Water Fund $52,723.95

Building Fund $54,936.32 Library $11,294.13

Motion made by Vern seconded by Don to accept Treasurer’s Report. Motion carried.

Bills: Motion made by Vern seconded by Dendra to pay bills presented except for the Utilities Authority bill, until budget issues are resolved. Motion carried.

Motion made by Vern seconded by Jeff to pay the Blue Cross/Blue Shield monthly bill when due as it is a contract bill. Motion carried.

Council Members: Don expressed parking concerns down at Hopkins Park. Glen will investigate the parking situation.

Dendra reported the Web Site statistics for the month of June as follows: 1,652 visitors, 3,787 visits, 5,301 pages visited and 421 repeat visitors.

Dendra requested the purchase of a CD ROM for Economic Development Grant Funding Programs, a guide to where to look for possible grants that will benefit the Village. Motion made by Carol seconded by Jeff to purchase the CD ROM. Motion carried.

Discussion followed about the corner of Main and Virginia Streets, near the post office. The street committee will investigate the possibility of placing 3-way or 4-way stop signs at those corners and also placing 25mph speed limit signs within the Village. The new 35mph speed limit signs on Potter Rd., requested of the Bear Lake Township, have been installed.

New Business: Audit:The preliminary report from the auditor has been received, with the final report expected to be received on July 17, 2003.

Fence for the leaves: Vern will obtain estimates for a new fence around the leaf compost, while also obtaining an estimate for the fence around the water tower. Reconstruction of the road to the water tower site may also be needed.

Motion made by Don seconded by Jeff for Vern to get estimates for site work and a fence around the water tower site and proceed with the work. Motion carried.

Library:A bill will be sent out to the Keddie Norconk Memorial Library board for expenses incurred, for postage and envelopes, by the Village to pay bills for the Library. Joanne reported that the KNMLB attorney will draw up the legal papers allowing the Village to withdraw from the Keddie Norconk Memorial Library board.

Park: Motion made by Vern seconded by Joanne to give Mike Ledderman [corrected to Biederman]10% ($80) of the price received for the old dock, as commission on the sale of the dock sections.Motion carried.

Sewer: Dendra reported that the Bear Lake/Pleasanton Utilities Authority Board approved a provisional budget but the Village has not received it yet, or the requested itemized invoices for the now defunct Sewer Feasibility Board.Motion made by Vern seconded by Jeff to table paying statement from the Bear Lake/Pleasanton Utilities Authority Board for $6,100.00, pending receipt of the requested items. Motion carried. Motion made by Dendra seconded by Vern for the Clerk to send a letter to the Bear Lake Township Clerk (for the invoices) and the Bear Lake/Pleasanton Utilities Authority Board members to inform them of our decision. Motion carried.

The Village has sent a letter to USDA Rural Development in response to the Village of Onekama’s Environmental Report for their proposed irrigation field. Because of it being within 0.6 miles of our Wellhead Protection area we have asked to be kept informed on the hydrology and monitor wells.[ Report to the Council of the June Bear Lake/Pleasanton Utilities Authority Board meeting attached]

Report to Village of Bear Lake Council – Utility Authority Questions and Requests

At our last Council meeting Glen and I were asked to present the following list of questions and issues we felt needed clarification by the BLP Utility Authority at the May meeting.

a) On page 3 of the Articles it states the Board members were supposed to take an oath of office – none has been provided and none were taken? Who has the oath language and who should administer it?

Mr. Richard Wilson stated each unit was responsible for administering its own to its own officers.

b) We request from the 2 Township Clerks, a copy of their minutes and certification of who was appointed as their representatives, so we may keep a master file of primary documents.

Mr. Richard Wilson has supplied a packet of documents which the Clerk now has a copy of.

c) We also request a signed copy of the bylaws as approved at the April 15, 2003 meeting.

Ditto above.

d) a number of admin activities need to be accomplished or be in place before we can proceed.

i) The Treasurer, as stated in the Articles, needs to establish a bank account separate of Bear Lake Township.

Don Shreve is waiting to see if there is sufficient to make a transfer – see below

.

ii) The Board has yet to prepare, adopt and submit to all 3 units of government for approval of a FY 2003/4 budget, as specified in the Articles, which includes administration costs.

Dendra was asked to assist Don to do this.

iii) The Board needs to establish a procedure for approving services and a procedure for approval and payment of bills – none is specified in the Bylaws.

We (Glen and Dendra) will write one for consideration.

iii) The Village needs to complete it’s FY2002/3 Audit.

2002 has been mailed to Prein Newhoff, the Auditor’s letter of approval has been mailed to Miller Canfield.

iv) In order for us to do that we need an itemized statement with invoices of the transactions for the Bear Lake Pleasanton Sewer/Feasibility Board.

Not supplied yet.

v) There is approximately $9k remaining of the amount all 3 units contributed to pay Prein Newhoff for the Engineering feasibility report. When we are assured that all outstanding debts are paid for the previous Board, and that account is declared defunct, we will consider transferring our share of the balance to the newly created bank account.

Only $400 remains with outstanding debts still remaining. It appears the final invoice from Prein Newhoff has been received and paid. The BLPUA agreed by motion to assume the outstanding debts of the Sewer Board but it is unclear whether there is sufficient funds to do that. What is the Council’s wish and what $ limit do they wish to commit?

f) The Village was not informed that there would be additional expenses incurred before consideration by Rural Development therefore we have none budgeted in FY2003/4.

We quite clearly and unequivocally stated that we contributed to the Engineering study only and the additional legal fees concerned us. We also quite emphatically stated that the Village HAS NOT created any line item for additional funds for the BLPUA as none was requested in this financial year.

vi) The Secretary needs to purchase an official seal.

Mr. Wilson has purchased one.

e) The Village formally requests that the Village Clerk receive the Minutes within 8 business days of the Regular Meeting and also be notified within 18 hours of any meeting change in order to post it at the customary and usual places and inform Council members.

Dendra requested them again on the 10th day after the meeting and has received a copy. In addition we had asked in writing for a copy of the audio tape recording to make transcript – it has not thus far been received.

The April BLPUA minutes ar now posted to the Village web site and as soon as possible so will the authorizing documents.

g) We have received a proposal from Attorney Wilson for future legal fees.

The BLP Utility Authority has not voted yet to appoint legal council or a bonding attorney.

Dendra raised the issue, also raised by our attorney, that Mr. Wilson is the attorney for both Bear Lake and Pleasanton Townships as well as the Village of Onekama, and that his proposed role as BLPUA attorney would inevitably place him in a position of Conflict of Interest. He agreed that in the event that a perception of Conflict should arise he would have to absent himself if asked to.

When asked when the Contract for BLPUA legal fees would commence he answered – not until and unless an offer is made and accepted from US Rural Development. On that basis his proposal was accepted. Thus far we do not have an agreement with Miller Canfield until and unless we proceed with a bonding issue.

The Authority will also need to appoint an outside auditing firm and a CPA. Should we ask for RFP’s for these positions?

Yes, when needed.

h) The Village of Onekama intends to purchase Leslie Smith’s property. The proposed irrigation area is within 0.6 miles of the Village of Bear Lake’s State approved Wellhead Protection catchment area. What is our, and their, legal responsibility to monitor it and what are our options and liabilities if it starts to infringe?

Refer to the copy of US RD requests for comment on the Environment Assessment of proposed irrigation for Village of Onekama. 18 monitor wells are budgeted as part of our US RD proposal. However there will still be legal liability contractual issues to be resolved. Especially in light of our Wellhead Protection Program and the State’s new legislation related to aquifer protection.

i)The Engineering Report does not properly define our boundaries or those of the Townships, and, more importantly crosses private property within the Village and isn’t clear on how the lines will route around our well site.

Not resolved yet. It appears the Report was submitted with some errors still in place.

j) Yet to be determined are several unknowns chief of which is what will Onekama expect to levy on top of the expected $80. Also are we comfortable relying on Onekama being in sole control of operation and repair with only one full time employee being stated as required to run it all?

Not resolved yet.

k) What is the Authority’s position on accepting $80+ a month fee if the USDA offer is all loan and no or insufficient grant?

l) If the offer comes back as a loan it will be for 40 years at 4.5%. The additional cost of running the system to Onekama and back is @$1.5m – with possible additional costs yet to be determined. The Village’s share of construction is fairly constant at $3.3m. Fred has stated that if we want to pursue additional funding to help Village residents that will be up to the Village. If USDA RD awards a grant to solely the Village portion how will that affect our monthly per REU cost?

m) If this turns out to be just simply too expensive – what is our back up plan?

Not resolved yet. We are pursuing other options and alternatives, the final $ submitted went up to $10.83m

n) It is being proposed that we contract with a financing assessment officer to determine who pays what in fees. How much should we pursue, and incur debt for, in advance of getting a decision and/or offer from USDA RD?

Not resolved yet. Miller Canfield Rep Dennis Nieman advised against doing anything until we have a better idea of true costs.

o) Where, in the project cost, is the repayment to the 3 governmental units of the moneys already expended on the Feasibility phase?

Now included.

p) A copy of both the draft and the final, in print and CD ROM format, is available for reference use at the library – it is also available for a limited home loan from the library and is now available as a download on our web site.

99 thus far. If you compare the Feasibility Report with the Final you will see where the project costs have risen – primarily in the transmission and treatment. Also the contingency fees are calculated on a % so they rise in tandem.

Dennis Nieman went over in careful detail the process for application and what will happen IF we get a favorable proposal from USRD. He stated quite firmly that Public Hearings (TWO are necessary to proceed) should NOT be held until an actual reasonably accurate cost can be presented to those affected.

Concerns: Several pieces of procedure and paperwork are required to be sent in along with the application. The Village was not aware of this before hand but at this stage both Glen and I feel we should let the process go forward.

1. Upon notification by USRD, each unit of government has to vote to accept and then publish a display ad a “NOTICE OF INTENT TO PROCEED”.

2. Each unit holds a Public Hearing. Each unit’s registered voters have 45 days in which to present a petition to hold a Referendum vote on the NI. If 10% of the registered voters in each and any unit present a legally valid petition requesting a vote each unit has the option of holding a Special Election or waiting till its next regular election to include a referendum proposal.

The reason ALL voters can participate is that each unit has to pledge the ‘good faith’ of its General Fund to cover its debt obligation to make collection payments to the Utility Authority. Each Unit collects from the property owners within its own sewer district and then writes a single check, probably quarterly, to the Utility Authority. It has to make that payment whether it’s collected its full dues or not.

If 51% vote against proceeding, the issue is dead.

Village voters may vote in BOTH a petition for a Village referendum AND Bear Lake Township referendum as we are actually BLTwp. registered voters and pay taxes to both.

3. If the referendum vote is favorable – or IF there isn’t one at all – we would proceed to the next step – which is to formally establish each unit of governments Special Assessment District for sewer service. At THAT point another Public Hearing is held within 60-90 days to hear comments/ complaints from those specifically included only WITHIN the SAD, and only those.

If 20% of those within each and any of the SAD’s sign a legal petition for a referendum vote then THOSE affected will be polled in each and any SAD only. 51% in favor of the SAD in each unit is necessary to proceed.

However:

*It is Glen and Dendra’s position that if the USRD proposal is as a straight loan it will be too expensive for Village Residents, particularly the school. What is Council’s consensus?

Streets: Trees: Vern reported that he has not received any requests for removal of dead trees at this time.

Library and Post Office signs: Vern and Howard will investigate a location to place the new signs on the west side of US-31. Village Trustees will attend the next Bear Lake Township board meeting to repeat our request to place a northbound set of signs on their building.

Sidewalks to be replaced: Joanne reported that sidewalks need to be repaired

and/or replaced in various locations in the Village which will amount to approximately $800.00-$1,000.00. Motion made by Joanne seconded by Carol to allocate up to $1,000.00 for the sidewalk repair and/or replacement. Motion carried.

Water: School parking lot:Vern reported that he attended the last School Board meeting. At this time, the school will wait until they confer with the DEQ, before doing anything with the land.

Carters: The agreement between the Carters and the Village for purchasing the property next to the water tank has been finalized. Motion made by Vern seconded by Dendra to give Glen permission to contact the Village attorney to obtain the legal documents for annexing of the property at the water tower site. Motion carried.

Water Connection at the school: Water superintendent, Gary McBride will supervise the connection shut off. The work will proceed next week. Mr. Webster’s letter indicated it would begin June 13.

Ordinances:

Police ordinance: The Police Protection ordinance is officially in effect. We will now have the Manistee County Police Department protection for the Village. Text is attached and will be posted to the web site.

Noise Ordinance: Joanne presented a draft of the Noise Ordinance for the council to consider and discuss at the next meeting.

The ordinance committee will look in to a sample Special Assessment District ordinance for General Law Villages.

Old Business: James Ledford has been hired to help Howard for the summer.

Dendra requested permission for her and Vern switch committees. President Moore gave the permission. Dendra will now be on the Tree committee and Vern will be on the Park committee.

Motion made by Dendra seconded by Carol to have the outside of the water tank cleaned and inspected at a cost of approximately $300.00. Motion carried.

Meeting adjourned at 9:06 p.m.

Respectfully Submitted,

Pam Wade, Clerk

Bills paid for June 2003:

Bear Lake Ace Hardware; $112.09

Bittner, Hyrns, Daly, Riemland, P.C.; $478.00

Marathon Ashland; $47.22

Michigan Municipal League; $477.00

Michigan Paper Products; $117.95

Pleasanton Valley Greenhouses; $67.39

Rathco Safety; $91.46

Ron Brown & Sons; $179.35, $188.05, $200.79

Shoreline Waste Services; 140.10

Syd Schroeder; $156.00

Thompson’s Tree Removal; $1,935.00

August 12, 2003

The regular meeting of the Bear Lake Village Council was called to order by President Glen Moore at 7:30 p.m. at the Bear Lake Village Hall. Present: Treasurer; Connie Guerne, Trustees: Vern Best, Dendra Best, Don Hyrns, Joanne Schroeder, Carol Urbanus. Absent: Clerk; Pam Wade, Trustee; Jeff Harthun. Guests Present: Steve & Theresa Hillard and Pam Wood; Managers of Curves for Women.

Minutes: July minutes were approved as read with the following corrections: “spelling of Mr. Biederman.” “Attaching the report from the BLPUA board meeting.”

Treasurer’s Report:

Current Fund Balances

General Fund $28,846.14 Equipment Fund $4,363.21

Major Street Fund $36,337.07 Minor Street Fund $2,626.98

Park Fund $35,011.42 Water Fund $58,344.81

Building Fund $55,013.48 Library $11,310.11

Motion made by Vern seconded by Dendra to accept the Treasurer’s report as read. Motion carried.

Bills: Motion made by Dendra seconded by Vern to pay bills. Motion carried.

Guests: Steve & Theresa Hillard and Pam Wood explained that Curves for Women is planning an opening in Bear Lake on October 20, 2003 at the former Bear Lake Hansen Foods Store, located on U.S. 31.

Council Members: Don presented the council with a letter from Mr. & Mrs. Curtis Edwards, requesting a “handicap child area” sign, posted on Lynn Street. Motion made by Dendra seconded by Vern to allow Joanne to check prices on 2 Handicap and 4 Deaf Child signs. Motion carried.

Dendra presented the council with a Certificate of Achievement from Michigan Municipal League for our Web Site. Dendra reported the statistics of the web page as follows: Total visits 4,470; with an average of 114 per day. Total pages viewed 6,693.

The Sunshine Laws day long workshop the Village is sponsoring with the Municipal League and the Manistee Chamber is set for Saturday, October 25, 2003 at the Bear Lake Methodist Church. The cost may be underwritten.

New Business: Century Tel may eventually make available local calling to surrounding areas near us.

Motion made by Joanne seconded by Carol to allow Treasurer and Clerk train with the Village Auditor for the GASB audit. Motion carried.

The Clerk will send a welcome letter to the Witgen’s. Send an appreciation letter to Masons for the much needed improvements to their building.

Joanne will forward the Resolution for the Village to be released from the Keddie Norconk Memorial Board to the Village attorney review it before bringing it before the Council for approval.

Clerk will send letters concerning junk cars to the offenders within the Village.

Dendra brought grant proposals for grant opportunity for park activities next year and will bring a proposal for revenue sharing grant for the park to the council in September.

School parking lot—DEQ has sent a letter to the school board to inform them of what needs to be done in order to satisfy the requirements of the DEQ. Vern and Dendra were asked to go to the school board meeting on August 13, 2003 to request a decision about the parking lot from the school board immediately.

Library:A Bill for postage and for the library portion of the audit will be sent.

Park: Carol reported that campers have requested a weekly rate. Carol will investigate the feasibility of weekly rates and present to the council at a later date. The new bulletin board is working out very nicely.

Streets: Joanne presented a bid for sidewalk repair totaling $6,100.00.

Joanne will contact the residents to inform them that they will be required to split the cost of replacement with the Village and asked what their decision is before council votes on any of the sidewalk projects presented.

Motion made by Dendra seconded by Don to purchase from the Manistee County Road Commission (12) 25mph speed signs, (3) 3-way stop signs, (4)Parking Prohibited and (6)Wellhead Protection Area signs at a total cost of $1,257.80 installed. Motion carried.

Water: Motion made by Carol seconded by Vern to put the fence up around the water tower and the compost area at a total cost of $4,075.00. Motion carried.

Glen will get an estimate for the purchase of a trash pump.

The leaks at Virginia Street will be repaired on Monday, August 18th.The school will be informed that the live water main that they left underneath the school caused problems that could have been serious. Water rate changes were presented for council members to review and will be discussed at the September meeting.

Equipment: Motion made by Dendra seconded by Carol to purchase a new stainless steel sander from Hyde Equipment at a total cost of $6,845.00. Motion carried..

Ordinances:

Motion made by Dendra seconded by Joanne to pass the Noise Ordinance, number 2003:03, with the following addition-to add winter snow removal to the list of exempted activities.Motion carried.

Special Assessment Policy and Procedures Ordinance will be presented at the September meeting.Dendra will get a ruling from Michigan Municipal League on weather we have to publish an entire text of the ordinance or if a summary will do.

Policies: Motion made by Dendra seconded by Don to adopt the Village of Bear Lake sick leave policy with the following revisions: 10 days of paid sick leave per year and unused sick leave may be rolled over up to a maximum of 30 days instead of 60 days. Motion carried.

Other Business: Motion made by Vern seconded by Carol to pave the end of Bill Monk’s driveway as he requested.Motion carried.

Sewer: Motion made by Vern seconded by Dendra to permit Glen and Dendra to discuss legal obligations and rights pertaining to future BLPUA activity; with the Village attorney.Motion carried. All other matter concerning the BLPAUA, have been tabled until that discussion.

Old Business: The Village attorney has begun the process to annex the property surrounding the water tower to the Village.

Meeting adjourned at 9:50 p.m.

Respectfully Submitted,

Pam Wade, Clerk

Bills paid for July 2003:

Ace Hardware; $297.62, Apple Fence Company; $2,720, Mike Farnsworth; $110.00, Kay Park-Recreation; $380.00, Kent County Health Dept.; $48.00, Marathon Ashland; $108.32, McBride Septic Systems; $87.50, McLeod Sales & Service; $405.51, NAPA Auto Parts; $12.08, Pioneer Group; $237.83, Pioneer Press Printing; $90.00, Rathco Safety Supply; $194.96, Ron Brown & Sons; $412.43 and $980.62, Shoemaker Electric $53.50, Shoreline Waste Services; $176.10, Dale Stanton; $205.00, Staples; $164.95.

Special Meeting Village of Bear Lake Council

August 20, 2003

A special meeting was called to order at 11:35 a.m. by President Glen Moore at the Village Hall.Present: Treasurer;Connie Guerne, Trustees;Dendra Best, Vern Best, Don Hyrns, Joanne Schroeder, Carol Urbanus. Absent were; Clerk; Pam Wade and Trustee; Jeff Harthun.

The purpose of the special meeting was to discuss the issue of the property near the water house at the corner of Smith & Cody Streets, currently owned by Bear Lake Schools and the Village’s legal obligation to comply with the Safe Drinking Water Act.

Motion made by Vern seconded by Don to permit Glen, Joanne and Carol to meet with Bear Lake School Administration and Board Members concerning our repeated requests that they pave or fence the property in order to comply with the restrictions requirements of the year 2000 land swap deal and the DEQ. (State of Michigan Department of Environmental Quality) If an immediate solution is not presented in writing at this meeting, a letter of intent will be sent to the Bear Lake Schools. Motion carried.

Motion made by Dendra seconded by Vern to grant the Bear Lake Schools until September 3, 2003 to take steps to isolate the entire perimeter or pave that section of land, which would be in compliance with the DEQ requirements. Yes votes; Dendra, Vern, Joanne, Carol. No votes; Glen and Don. Motion carried.

Meeting adjourned at 12:05 p.m.

Respectfully Submitted,

Pam Wade, Clerk

September 9, 2003

The regular meeting of the Bear Lake Village Council was called to order by President Glen Moore at 7:30 p.m. at the Bear Lake Village Hall. Present: Treasurer; Connie Guerne, Trustees: Vern Best, Dendra Best, Don Hyrns, Joanne Schroeder, Carol Urbanus. Absent: Clerk; Pam Wade, Trustee; Jeff Harthun. Guests Present: Tim Richards, Dave Long, Phyllis and Cloyse Griffin.

Minutes: August regular minutes approved as read. August special meeting minutes approved with the correction of the spelling of Treasurer’s name

Treasurer’s Report:

Current Fund Balances

General Fund $34,120.47 Equipment Fund $2,366.91

Major Street Fund $31,863.55 Minor Street Fund $3,314.70

Park Fund $31,359.50 Water Fund $57,079.17

Building Fund $55,074.52 Library $11,322.66

Motion made by Vern seconded by Carol to accept the Treasurer’s report as read. Motion carried.

Bills: Motion made by Don seconded by Vern to pay bills presented. Motion carried.

Motion made by Vern seconded by Dendra to pay the remainder of the bill from Apple Fence Company when it is received as long as the bill meets or is less than the estimate given and the work is complete. Motion carried.

Guests: Dave asked for information concerning the sewer project and possible petition for a referendum vote concerning the sewer project. Vern explained that such information is premature considering that the BLPUAB has not moved forward to a point that such a petition would be necessary.

Council Members: Motion made by Vern seconded by Dendra to hire Ron Brown and Sons cut out and repair the roadway in front of the Huntington Bank. Motion carried. Motion made by Vern seconded by Carol to remove two (2) trees, one is infested with black ants and one is dead; and trim some branches on other trees in the Hopkins Park. Motion carried.

Carol requested that the clerk send a letter to the Bear Lake Township concerning the placing of the hidden intersection sign(s) on Potter Rd. heading east from U.S. 31.[corrected to read “west toward US31)

Carol asked for welcome letters to be sent to new residents with the water bills (or at the same time as the water bills; to renters) from now on. Motion made by Vern seconded by Carol to authorize up to $500.00 for fall tree planting, including all supplies needed to plant them. Motion carried. Motion made by Don seconded by Vern to give Dendra permission to attend a work shop given by the DNR on how to apply for permits for any kind of improvements on water ways at a cost of $75.00. Motion carried. Motion made by Dendra seconded by Jeff to apply to the Manistee Local Revenue Sharing board for reimbursement for the new Sander. Motion carried.

New Business: Motion made by Carol seconded by Vern to have the clerk sign up for the “Business 100”long distance long plan that is now offered by CenturyTel in an effort to save money on the telephone bill. Motion carried.

Motion made by Dendra seconded by Vern to have the clerk contact the Manistee County Public Health Department concerning the public health threat at the residences on Maple Street. Motion carried.

Library: Motion made by Dendra seconded by Joanne to accept the resolution for the release of the Village of Bear Lake from the Keddie Norconk Memorial Library Board as presented. Motion carried. Motion made by Vern seconded by Dendra that until such time as we receive the KNMLB amended charter, filed with the Secretary of State; notifying us which unit of government will be the new Fiscal Agent for the Library Fund; the Fund will not be transferred. Motion carried.

Park: Carol asked permission to plant new trees in the Hopkins Park. Permission granted.

Sewer: Don raised concerns about the amount of unauthorized money being spent for the sewer project. Don would like to go on record as being against going forward with any further involvement with the sewer project, in order to avoid any further financial commitments. Dendra urged Council to insist upon a set of internal fiscal controls, to consult with our attorney and to delay any decision until we hear from Rural Development. Leaving the sewer project was tabled until we receive notification from Rural Development weather or not the sewer project receives funding.

Streets/ Sidewalks: Motion made by Don seconded by Dendra to split the cost of repairing sidewalks at Walburn’s, Hubbell’s and at the corner of Stewart and Lynn Streets at a cost of $1450.00 to the Village. Motion carried.

Water: Motion made by Joanne seconded by Don to pay for 218’ on the back side of the fence at the school parking lot at a cost of $1,300.00. Yes votes: Don, Joanne and Glen. No votes: Dendra, Vern, Jeff, Carol. Motion denied. Motion made by Jeff seconded by Dendra to have Vern get a quote for the cost of fencing three sides of Village property bordering the school parking lot with a gate, down Smith Street to Potter and west on Potter. Motion carried.

Vern reported to the council that the water superintendent had informed him that the Bear Lake Ace Hardware and the Honor State Bank are in violation of the Village water ordinance by having one water hook up for both businesses.

Motion made by Vern seconded by Dendra to have the clerk send a letter to the Village attorney concerning the violation of the water ordinance with the water hook up situation between the Bear Lake Ace Hardware and the Honor Bank and ask him to notify the parties about the violation and include a copy of the Water Ordinance. Motion carried.

[Insert correction: Wellhead Protection: Quarterly Wellhead Protection meeting was held and the Village recieved notice of our 2003/4 grant award. The Clerk will forward the sign up sheet.]

Equipment: Motion made by Vern seconded by Joanne to purchase the needed bar for the new sander and two strobe lights. Motion carried.

Motion made by Joanne seconded by Carol to purchase a new Trash pump with 3” hard suction hose pipe and a strainer. Motion carried.

Ordinances: Special Assessment ordinance was tabled until the next meeting.

Motion made by Dendra seconded by Vern to give James Ledford a $100.00 bonus for a job well done all summer helping Howard. Motion carried.

Meeting adjourned at 9:30 p.m.

Respectfully Submitted

Pam Wade, Clerk

Bills paid for August:

Bear Lake Ace Hardware; $156.65

Bittner, Hyrns; $220.50

Cadillac Garage Door; $289.55

DEQ; $21.00, $274.00

Grand Rental Station; $47.19

Haviland; $262.00

InnoTech; $150.00

Kent County Health Dept.; $48.00

NAPA Auto Parts; $14.67

North Woods Business Forms; $112.75

Pioneer Group; $37.75

Ron Brown& Sons; $1,185.56

Shoreline Waste Services; $140.10

Thompson’s Tree Removal; $75.00

October 14, 2003

The regular meeting of the Bear Lake Village Council was called to order by President Glen Moore at 7:30 p.m. at the Bear Lake Village Hall. Present: Treasurer; Connie Guerne, Clerk; Pam Wade, Trustees; Dendra Best, Vern Best, Jeff Harthun, Joanne Schroeder, Carol Urbanus. Absent; Don Hyrns. Guests Present; Dave Long, Mardel Johnson, Tim Richards, Burton Ware and Tom Stoddola.

MINUTES: Approve the September Minutes with corrections. Correcting spellings, changing the direction of the hidden intersection sign and adding that the Quarterly Wellhead Protection Meeting was held at the September Council Meeting.

Treasurer’s Report:

Current Fund Balances

General Fund $44,568.35 Equipment Fund $2,343.15

Major Street Fund $33,323.67 Minor Street Fund $4,042.78

Park Fund $33,933.66 Water Fund $54,415.34

Building Fund $55,078.89 Library $11,328.70

Motion made by Vern seconded by Carol to accept the Treasurer’s report. Motion carried.

Bills: Motion made by Carol seconded by Vern to pay the bills. Motion carried.

Motion made by Vern seconded by Jeff to pay the Apple Fence Company when the bill comes in, not to exceed the estimation of $4,140.00. Motion carried.

Guests: Dave Long asked about Environmental Impact Study and also asked about the requirements of opposing the starting the Special Assessment District.

Council Members:

Dendra presented information about the Manistee County Revenue Sharing grant application to reimburse the Village for the purchase of our new stainless steel sander, and also the proposed change in the RSB Bylaws. Carol would like to thank Vern and Jeff for helping out with the tree planting. A thank you note will go out to Jackie Johnson for the refreshments that she provided during the tree planting near her home on Main Street.

Nominating petitions were passed out to those council members who will be up for re-election in March 2004.

New Business: Pay the BLPUA Budget Request. Dendra provided a break down of the BLPUA bills. Dendra feels that the Village may not responsible for some of the bills incurred by the BLPUA, we will wait for an opinion from the Village Attorney. Dendra read the letters received from USDA Rural development listing the tentative offer of future fundaing at $8,363,000.00 in the form of loan and $2,500,000.00 as a grant. A copy of the letter is attached to these minutes. Total costs are $11,409.806.00. Motion made by Dendra seconded by Vern that Rural Development loan/grant offer is not acceptable. Motion carried. Responses to the survey that went out with the water bills, concerning the sewer project; came back as follows: 9/for; 33/against, 1/yes, if it is affordable.

Library: The KNML Board is refusing the release of the Village of Bear Lake from the KNML Board. They are also refusing to reimburse the Village Library Fund for postage and audit expenses.

Park: Carol reported that the tree removal will commence as soon as two seasonal trailers have left the park. Replacement tree is already here.

A camper has asked the council to consider that the park reservations be limited to not more than three sites per person.

Sewer: See above.

Streets/ Sidewalks: Mr. Eddinger came in and repaired the vandalized sidewalk that he had replaced on Lynn Street.

Trees: The grant application from Consumer’s Energy was not approved but they encourage us to apply again because our tree management program is a good one. They will also help with the cost of removing dead trees.

Water: The annexation of the water tower will require hearings and expense. The recommendation from the attorney is to go forward.

Wellhead Protection: The Wellhead Protection grant for the next phase has been approved by the DEQ. A new committee meeting may be scheduled for November. Dendra reported on the DEQ Permit Application Training Workshop that she attended. The Village needs to certify a Soil Erosion Sediment Control Officer.

Equipment: The lights and bar for the new sander has been delivered.

Ordinances: Special Assessment Procedures Ordinance. Motion made by Dendra seconded by Joanne to have Dendra forward by email, the Special Assessment Document to the Village Attorney for review. Yes votes; Dendra, Vern, Jeff, Joanne, Carol. No vote; Glen. Motion carried. Update on the Junk Ordinance will be presented at the next meeting.

Old Business:

Audit Report. The Council decided to advertise in the Manistee News Advocate and the Traverse City Record Eagle for audit bids.

Employee Vacation/Sick leave policy was presented for review and will be discussed at the next meeting.

The Manistee County Road Commission will do a study to see if the hidden Intersection sign that was requested to be posted on Potter Road, near Lynn Street is needed.

The monthly web site usage statistics show great interest with over 800 people downloading the sewer report.

Meeting adjourned at 9:20 p.m.

Respectfully Submitted,

Pam Wade, Clerk

Bills paid for September: Bear Lake Ace Hardware; $32.92, DEQ; $120.00, $110, T.Edinger; $2,275.00, Hyde Equipment; $339.18, Kent County Health Department; $62.00, Manistee County Road Commission; $81.11, Marathon Ashland; $100.53, Mathieu Insurance Agency; $1,192.00, $231.00, McBride Septic Systems; $460.00, $80.00, NAPA Auto Parts; $.64, OMS Compliance; $2.50, Pleasanton Green Houses; $333.00, Shoemaker Electric Co.; $107.29, Shoreline Waste Services; $140.10, Thompson’s Tree Removal; $330.00, Quest Telephone Service; $1.51,

November 11, 2003

The regular meeting of the Bear Lake Village Council was called to order by President Glen Moore at 7:30 p.m. at the Bear Lake Village Hall. Present: Treasurer; Connie Guerne, Clerk; Pam Wade; Trustees; Dendra Best, Vern Best, Don Hyrns, Joanne Schroeder, Carol Urbanus, Howard Higley. Absent; Jeff Harthun. Guests; Patrick Looney, Jim Reed, Jerry Johnson, Andy Pyrne, Dick Marlet, Tim Richard and Richard Raetz of Global Remediation Technologies Inc..

Dendra requested to President Moore that the Council take a moment of silence in observation of Veteran’s Day.

Minutes: The October minutes were approved with the following corrections; 1. Library: (“KNMLB is also refusing to reimburse the Village for Audit, postage and envelopes.”) 2. The Manistee County Road Commission will do a study to see if the hidden Intersection sign that was requested to be posted on Potter Road, near Lynn Street, (“is needed.”)

Treasurer’s Report:

Current Fund Balances

General Fund $36,395.83 Equipment Fund $2,344.63

Major Street Fund $34,588.71 Minor Street Fund $5,218.78

Park Fund $30,949.67 Water Fund $62,097.57

Building Fund $55,113.96 Library $11,194.94

Motion made by Dendra seconded by Vern to accept the Treasurer’s report. Motion carried.

Bills: Motion made by Dendra to pay the bills except for the bill presented from the BLPUAB. Motion carried.

Council Members: Dendra reported that total visits to the Village web site for the month of October were 3,572

Total Pages viewed were 5,513 with 1,177 Sewer Engineering Report Downloads

Motion made by Don seconded by Vern to have 100 posters printed to inform the residents that the proper disposal of leaves is to bag them and leave them at the curbside for pickup. Motion carried.

Joanne reported that the Village was awarded a grant of $6,845.00 from the Manistee County Revenue Sharing Board for the total cost of the new sander.

Motion made by Dendra seconded by Carol to authorize the Treasurer to research the best possible short term interest rates for CD funds for the Building, Park and Water Funds and take the appropriate action using her best judgment. Motion carried.

New Business: Audit Bids: Sealed bids were received from two auditors. Motion made by Dendra seconded by Joanne to accept a one year engagement with the current auditor; Dale Stanton, at a cost of $1,750.00. Motion carried. With Council requesting that Mr. Stanton present the Audit in person to the Council upon completion.

Sewer: President Moore and Dendra Best met to discuss and compile a Report To Council on the sewer project, the correspondence received from USDA Rural Development, and alternative options available to us. After discussion, Council requested a copy of that Report be attached to these Minutes. Village Attorney Hyrns was consulted on the several issues with which Council had serious concerns. Council voiced its strong objections to a Special meeting of the Utilities Authority being held in Grand Rapids at the offices of Prein Newhof, November 24, 2003, against the wishes of our 2 Village Council Utiltity Board Members. Council objected this would prevent proper public participation and that business could be done at a Special Meeting. Council and the public present requested that no formal contract be signed to proceed with engineering at this time. Council determined that with little public support and no financial controls in place to contain costs it was time to withdraw.

Village of Bear Lake – Utility Authority November 3, 2003

As a result of the correspondence received recently by the BLP Utility Authority from USDA RD; the discussions with the Village Attorney; the consensus of the last Utility Authority Board meeting; and the comments made and actions taken at the October 2003 Bear Lake Township Meeting there are a number of questions and issues Council needs to come to a consensus on.

To recap:

June 2000: The Village pledged to pay $5000 as 1/3 cost of the Sewer Feasibility Study. At that time only a municipal sewer system was proposed although other treatment options were to be considered.

March 2001: Feasibility Study published.

April 2, 2001: The Feasibility Board showed a Balance on account of $2249.33

June 16 2001: Public Meeting.

On the basis of the Feasibility Study a figure of $37,5000 was proposed to fund a “Preliminary Engineering Study” which was supposed to consider a wider range of options and give a more in depth review of the demographics and volume of system that would be needed.

The only written request for funds was received in August, 2001 requesting 1/3 of $37,500 for funding the engineering study.

November 2001: Village approved payment of $2,5000.00

The Feasibility Board was formed under Urban Cooperation Act of 1967, as contained in MCL 124.501, et seq. which would have allowed the Board to apply for storm water control funding in addition to water systems and sanitary collection and treatment.

In April of 2002 that agreement was extended for another 12 months forming the BLPL Sewer Board. (But the agreement only authorized a payment of $5000 per entity, both in the original and in the extension.)

July 13, 2002 the Village Paid $5000.00

In 2002 the 2 Townships began negotiations to change the scope of the project to send treatment and collection to the Village of Onekama rather than build our own treatment facility. USDA RD indicated that might increase the likelihood of funding.

April 14, 2003: The Village paid $5000 to complete our requested funds,$12,500.00.

Under pressure from the 2 Townships the Village agreed to sign the new agreement to form the Bear Lake Pleasanton Area Utilities Authority – not signing would have effectively removed the Village from further participation in sewer/sanitation planning.

The new agreement was drafted under the MUNICIPAL SEWAGE AND WATER SUPPLY SYSTEMS Act 233 of 1955 which specifically designates funding and excludes funding for storm water control.

Glen Moore and Dendra Best were appointed to be the Village Board members with Carol Urbanus as our alternate. (Neither of the Townships have appointed an alternate member to this point.)

Following the first meeting of the BLPAUA a report was sent to Council relaying your representatives concerns and areas where there were points that needed clarification. (See the Village web site: reports are attached to the Minutes.)

Chief among them was the question of whether there were outstanding bills from the previous Board – we were told there were none.

Secondly was the issue of what stage the BLPAUA application process at to USDA RD was – we were concerned that no contract be signed or approved until we had received the Preliminary Engineering Report from Prein Newhoff and had had time to consider the projects potential impact on the community.

A draft of the Preliminary Report was received in April and Council had serious concerns that it seemed to merely repeat the information contained in the Feasibility Study with the same errors in listing the demographics plus financial errors in listing the newly increased costs and scope of rerouting the collection and treatment to the Village of Onekama.

No other options were presented for consideration in this Report. We also had serious concerns about a) the assumptions made for ‘zero growth’ ; and b) the impact on groundwater in light of our delineated Wellhead Protection area. The proposed irrigation field comes within 6/10 of a mile of the wellhead catchment and there is insufficient data to satisfy us this will not present a future pollution source.

The Final format of the Preliminary Report was received within the week without any of the requested changes being made – but a response from Prein NEwhof indicated our points of concern would be sent on to USDA RD.

The Final Report included an extension of the service area south on US31, which was added after the fact.

The Village of Onekama now has an official ‘option to purchase’ the Bear Lake Township Supervisor’s property, on Linderman and 11 Mile Road, on which they intend to construct their, and potentially our, irrigation.

At several meetings we have asked on the status of the ‘application’ – has one been made or not? It appears from the response from USDA RD that the preliminary application was sent in on May 7. The BLPAUA met on May 21 and did not approve that action until that time. We believed we were seeking a provisional opinion only.

Council requested our Attorney review the 2 contracts being presented for approval – presented as being a precursor to any application. On his advice we requested additional language be included in both the contract for legal and engineering services. We also asked that no contract be awarded without a formal bidding process. Attorney Wilson asked for and was awarded the contract for legal services. It was our understanding that his contract did not come into effect until we accepted a USDA RD award.

The Preliminary Engineering Report speculated that the monthly fee ( including construction and debt repayment costs) would be @$80 per month for a single family dwelling, or REU (residential equivalency unit) That figure would be multiplied for larger units such as the schoool or reataurants based on a USDA RD formula,

HOWEVER – the Report also noted several areas where there would be additional costs which could not be estimated – chief among them being additional legal fees, and a ‘buy-in’ per month cost to be levied by the Village of Onekama for operating collection and treatment at their facility on our behalf – the figure stated by them was $21.67 per month in addition to the proposed $80.

It should also be noted that the debt repayment cost is for the maximum of 40 years and interest rate was estimated at poverty rate of 4.5% – and that monthly sewer bills would be sent out whether a resident was here for 3 or 12 months.

The Village has consistently requested a full projected Budget be prepared for us to adopt, as is required under the Articles of Incorporation of the BLPAUA.

Act 233 states: 124.293 Authorization to raise or pay money for administrative expenses or other purposes; direct taxing power.

Sec. 13.

The legislative body of each municipality which is a member of the authority is authorized to raise by tax or pay from its general funds, any money required to be paid by the articles of incorporation for administrative expenses or for the purpose of obtaining maps, plans, designs, specifications, and cost estimates of a proposed sewage disposal system, water supply system, or waste management system. The authority shall not have direct taxing power.

Neither of the 2 Townships has adopted such a budget, merely agreeing to pay $6,1000 to the Utility Authority. Under both the General Law Village Act and Uniform Accounting Standards the Village may not amend its operating budget capriciously. As we have not been asked to allocate additional funds none were included as a line item in our FY2002/3 or FY2003/4 Budgets.

Council approved a letter to be sent to Bear Lake Township Clerk and presented to the BLPAUA Board stating our legal position.

The BLPAUA declined to prepare or adopt a full line item budget – deciding instead to merely present a 3 line item request for legal, admin and general engineering costs. Glen and Dendra voted to present this Budget for Council to consider but it was our advice that Council reject it as inadequate.

A request was sent to the Village for a payment of $6,100.00 to cover (in conjunction with an equal payment from the 2 Townships) the outstanding bills, plus Attorney Wilson’s projected services for the coming FY, plus an additional amount to cover projected Engineering costs.

Upon learning that Prein Newhoff and Attorney Wilson had outstanding invoices Council requested copies of all invoices paid by Bear Lake Township toward both the Feasibility Board and the Sewer Board. An itemized listing was given to Council at its October meeting. It should be noted that Bear Lake Township charged a 25 center per sheet copying fee for allowing us access to the bills we were being asked to pay.

It is our contention a 3 line Budget does not meet the test for government accounting standards. In addition the Village net revenue cannot accomodate unlimited additional requests for money for over-extended expenditures of the Utility Authority. We need to know in advance. The UA seems willing to amend their ‘budget’ as and when they need to.

The additional concern is that, as Village residents pay tax to both the general fund of the Village and Township, Village residents are bearing an unfair proportion of the total fees.

We are insisting that proper fiscal controls be put in place to control costs and return responsibility for Authority activities to the Authority Board. It is our belief that if such fiscal controls had been in place the level of unauthorized expenses would have been properly curtailed or at least pre-approved.

October 2003 USDA RD Proposal:

It appears that an official application was sent to USDA RD for consideration, limiting the project to be considered solely to a joint facility with the Village of Onekama – an expansion of the original project which explains why the cost of the project has risen consistently since 2001. There is a substantial increase in the scope of construction, transmission and treatment, and hence legal and admin expenses, which are a fee based on a % of the total.

The characterization that the cost has increased because of delaying tactics by the Village is both erroneous, discourteous and inflammatory.

We have consistently asked that this project be held to accountable standards and that it be accountable to the tax paying public. It should be remembered that Village residents are being asked, in effect to pay 3 times, in Village, Township AND Federal tax dollars.

The terms of the letter from USDA RD were read into the October Minutes of the Council Meeting. Upon realization that the terms were at a higher interest rate than 4.5%, plus that the ratio of loan to grant money would place an unacceptable burden on residents of the Village, Council voted by unanimous motion to respectfully decline the offer as presented.

Council did not intend that to be construed as a total withdrawal from the BLPAUA but merely that the terms and the project as presented, in our considered opinion, were unacceptable to Village residents.

It was also noted, in the correspondence from USDA RD, that they had the same doubts about specific assumptions and generalization made in the Preliminary Engineering Report as we had expressed in May to Prein Newhoff. USDA RD also questioned how the engineering fees had been calculated and expressly stated that the Report as presented had not documented definitive data showing ‘need for the project’.

These matters, plus the receipt of the Environmental Report were discussed at the last Utility Authority meeting.

Specifically it should be noted that within the Environmental Report is a letter questioning the capacity of the soils in the proposed irrigation area to accommodate the volume of liquid without significant drainage to the aquifer and speculates that this may result in contamination of area drinking water wells.

Council may recall we sent the same concerns in a letter following the publication of the Wade Trim Environmental Report for the Village of Onekama’s part of this project earlier this year. We have formally asked for a copy of the results of the hydrology studies being done on the property. It should also be noted that an area of high ground water pollution has been documented to the south east corner of the proposed irrigation field caused by dumping of PCA sludge.

A proposed course of alternate action:

It is appropriate to restate here the fact that it is the Village which has gone out of its way to keep the public informed about this project. We published an information newsletter prior to the first Public hearing; we published the Feasibility Study on our web site; we have also kept the public informed about our questions and concerns of the administration and design of the system; we published the Preliminary Engineering Report in total on our web site where over 800 people have read it.

And now we offer our suggested retooling of this project.

In view of the figures being quoted, the considerable gaps in projected expenses, the repeated advice from USDA RD themselves in their letter that funding MAY only be available in 18 months, in view of a realistic appreceation of the income levels, and publicly voiced opposition, of our residents, (both Township AND village) we offer an alternate path.

Begin by granting the Village’s share of payment of per diem expences of our Representatives, plus $1000 toward the additional legal fees, while recognizing that we did not approve those fees. = $3.020.00

Mandate that no additional fees shall be incurred while we proceed to further investigation of alternative options.

It needs be restated here WHY we began this research, consideration and planning of how best to protect the groundwater and public health of our community in the first place.

* We are a community with the ‘potential’ for growth.

* Many of our single family homes within the Village are 3 bedroom homes occupied by single older adults or currently have no children present.

* All our homes are within close proximity to our neighbors.

* ALL our streets flow downhill to the Lake. The Lake is our chief cultural, environmental and economic asset.

In the Village our municipal drinking water supply is protected and monitored stringently. HOWEVER, we and our neighbors are dependent on the same underground aquifer – we know from our Wellhead Protection report that within 40 years we will be drinking the water that came into the aquifer today.

We have no accurate documentation of the age and condition of current onsite septic systems and drain fields. We know it is good policy to have a septic tank pumped every 2-3 years but how many residents actually do that?

We know it is a dangerous and bad practice to put man made chemicals into a septic tank and drain field but we all do that every day. When we talk about groundwater contamination from septic tanks and drain field, it is as important to consider chemical pollutants as it is human wastes and gray water.

Human waste degrades naturally, high concentrations of chemicals do not. We have only to remember the devastating consequences of the PCA sludge dumping and other toxic spills in our area to realize the seriousness of ground water contamination. A single failing septic system may seem trivial – but multiply that by how many individual systems we have in the Village. One individual may be a conscientious home or business owner – but is it fair to them if their neighbor is not?

The Village storm water control system is outdated and simply does NOT work. Unfortunately, by reforming the BLPAUA under Public Act 533 we cut off our source of funding for bonding to rebuild or redesign that storm water control system.

In the 3 years we have been on this journey, technology and DEQ regulations have changed. Solutions which may not have seemed viable in 2000 are eminently viable today.

We agree with USDA RD. Apochryphal, annecdotal statements will not do.

We simply have not done enough groundwork to document the need for a fullblown municipal sewer system, Moreover, to build such a high cost civil engineering project requires far more resources than this community is currently able or willing to devote or envision.

HOWEVER- doing nothing is NOT an option. If the sewer is the ‘Cadillac’ option – what can be done to protect the groundwater and the public health without subjecting ourselves to a debt of $11.5 – $14M for the next 40 years?

We ask Council to consider returning this challenge and responsibility to the individual. Are we, as a community, prepared to police ourselves?

1) Accept that we are all in this together and eliminate the ‘us and them’ finger pointing. The Village has maintained an informed and professional approach to this issue – we should continue that way. A fouled lake is a fouled lake whether you live on its shores or in the Village. An overflowing septic system stinks whether you are a lakefront property owner or live on Maple Street. At the moment the Lake is NOT polluted – what are we, the community as a whole, going to do to prevent that from happening?

2.) Begin preparing a mandatory septic system monitoring program – look for funding to install small data loggers in every septic tank to document which are working and which are not. Run them for a full 4 seasons to get a real life picture of how this community changes in composition throughout the year.

3) Adopt an ordinance to require a mandatory inspection and pumping of septics every 3 years. Include testing to see if the drain field is saturated and needs to be replaced.

4.) During the year of data logging, look for sources of funding to establish a loan/grant program to help people who simply can’t afford to replace their aging septics.

5) Adopt the same regulations covering septic installation as are currently in use elsewhere – which require gradual increase of filtration devices on existing septic systems in direct relationship to how close your property is to the water front or to the water table.

6) Look at the option of installation of small ‘community’ treatment systems, whereby a street or a block of property could use a central collection point, treatments and drain field. This would specifically benefit downtown business development.

7) Explore the option of contracting with a private entity to build, operate and maintain an central treatment facility as a public/private utility – or contract with the Village of Onekama to accept and treat the contents of mandatory emptying of current septic tanks. This is already being done by other small communities such as ours – why not here? Admit we simply don’t have the personnel and sophisticated expertise to ‘hand hold’ a project of this magnitude but also recognize that leaving it to others to make our decisions for us doesn’t always give the result we were anticipating.

8) Form a community ad hoc advisory committee to do GIS mapping of who lives here now and what the actual current and potential volume of usage is. (Which is what we all thought would be the result of the Preliminary Engineering Study.)

10) Consider reforming the BLPAUA under a return to the Urban Cooperative Act and allow all 3 units of government to explore ways to control run off storm water pollution aswell as seek funding for sanitary sytems and treatment.

11) In short, our proposal is to respect what we have learned, not blast it as an utter waste of effort – but rather look at it as finding out what we CAN’T do – which now gives us an incentive to go back to the drawing board to find a better way, one that our community can live with economically and will sign on to as plain common sense.

We may not be able to afford our ‘Cadillac’ in this year 2003, but in 2008 or 9, who knows what the economic climate may be?

If we can get the job done within the next 3 years by putting in place a perfectly workable protection plan based on inspection, regulation of compliance and making onsite replacement resources available to anyone – isn’t that a more fair and equitable solution?

Isn’t the bottom line to make sure we all follow the same rules and practice plain common sense?

The argument is that one sewer sytem is better than 300 points of potential contamination, but what if we could take simple steps to ensure that the vast majority of those 300 sytems were up to date, in compliance and working properly?

We are suggesting a more practical and pragmatic solution, one that we can put in place today, one that will protect our community without bankrupting us, and one that treats everyone, regardless of personal wealth or property value or location, equally.

Respectfully:

Dendra Best.

Glen Moore.

Motion made by Don seconded by Joanne to have Clerk send a registered, return receipt; letter to Fred Alkire, President of the BLPUAB, with copies sent by regular mail to Bear Lake Township, Pleasanton Township, Attorneys; Randy Hyrns and Richard Wilson informing them that the Village of Bear Lake is opting to withdraw its membership from the BLPUAB effective on this date (November 11, 2003) and to pay one third of any bills incurred up to this date that the Village is one third responsible for. Yes votes; Vern, Don, Joanne, Carol, Glen. No vote; Dendra. Motion carried.

Richard Raet of Global Remediation Technologies Inc. addressed the Council offering to assist with research and development and technical assistance grant writing for alternative wastewater systems.

Ordinances: Amendment to the Non-Partisan Election Ordinance to read as follows: “Addendum: If there are not sufficient candidates running for office to exceed two per office, the primary is automatically eliminated in that particular year.” Motion made by Dendra seconded by Carol to attach this addendum to the Non-Partisan Election Ordinance. Motion carried.

Dendra asked that a new category be placed on the agenda starting with the December Council meeting for “Correspondence sent and Received.” The Council agreed.

Special Assessment Procedures Ordinance. Motion made by Dendra seconded by Joanne to accept the Village Attorney’s opinion and pass the Special Assessment Procedures Ordinance, numbered 2003:04. Yes votes; Dendra, Vern, Don, Joanne, Carol. No vote; Glen. Motion carried. Junk Ordinance was tabled for further review by Council members.

Library: Joanne was asked to inquire about a written release from the KNMLB, at the next KNMLB meeting. President Moore also asked Joanne to inquire about the KNMLB reimbursing the Library Fund for its cost share of the audit, the cost of postage and envelopes used to pay KNMLB bills.

Park: In the interest of time, Carol reserved her report for the next meeting.

Streets/ Sidewalks: Report on signs. Joanne reported that “Handicap Child” signs would cost $69.07 each. The post for each sign would cost $9.25 each. Glen reported the need to replace the sign for Lynn Street. Motion made by Carol seconded by Dendra to purchase two (2) “Handicap Child” signs and one (1) Lynn Street sign. Motion carried.

Water: The next Wellhead Protection: Meeting has been scheduled for the December 9, 2003 Village Council Meeting; at 7:00 at the Village Hall.

Old Business:

Employee Holiday/Vacation Leave Policy. Motion made by Don seconded by Joanne to pass the Employee Holiday/Vacation Policy as amended. Yes votes; Dendra, Vern, Don, Joanne, Glen. No vote; Carol. Motion carried.

Meeting adjourned at 9:37 p.m

Respectfully Submitted,

Pam Wade, Clerk

Bills paid for October

Bear Lake Ace Hardware; $56.95

Bittner, Hyrns; $197.00

Blarney Castle; $1,177.89

Gosling Czubak Engineering; $1,582.50

Jackpine Business Centers; $39.98, $29.90

Kent County Health Department; $48.00

Marathon Ashland; $48.25

McBride Septic Systems; $542.50

Michigan Pipe & Valve; $187.40

Northern Fire & Safety; $25.00

Pioneer Group; $143.00

Ron Brown & Sons; $755.00, $387.83

Thompson’s Tree Removal; $1,140.00

December 9, 2003

State of MI Wellhead Protection SymbolVillage of Bear Lake: 2004 Wellhead Protection Grant Program Meeting.

The first WHP Year 2004 Team Meeting began at 7.05 p.m.

Present: Village of Bear Lake: President Glen Moore, Trustees; Dendra Best, Vern Best, Joanne Schroeder, Carol Urbanus, Howard Higley (Maintenance Manager), Gary McBride (Village Water Superintendent).

Team Members: Bear Lake Township Planning & Zoning Pauline Jaquish. Bear Lake Fire Chief Mike Ludwig.

Consultant WHP Environmental Engineers: Donald Conway and Suzanne Kelley, Gosling Czubak Inc.

Public: Kelley Hon; Michigan Rural Water Association (MRWA), David Long, Ron Ronning, Robert Howe.

Absent: Frank Beaver (Manistee County Planner), Carver Edwards (Manistee ISD), Raymond Knudsen (Bear Lake County Highlands) , Jay Roupp, Murray Stall, Judy Cunningham, (Manistee Mason Lake Soil Conservation District and Groundwater Stewardship), Brian McCarthy, Connie Guerne, Pam Wade, Jeff Harthun, Don Hyrns.

The Village web site now has the full State of Michigan WHP Delineation and Report posted for public access at http://www.bearlakemichigan.org/wellhead.html.

Mr. Conway presented a written summary of the activities completed to this stage and presented the Village with a large scale arial photograph showing the WHP area. The FY2004 WHP grant was approved to the amount of $3,250. (The Village must match 50/50) Activities to be conducted this year will include identifying sites for 2 possible new drinking water wells; education and outreach and developing a plan for future funding to build on the WHP.

The role of each Team member was defined. County Planner Frank Beaver will work with Bear Lake Township Planning and Zoning to properly address the WHP within their ordinances and Master Plan. Unfortunately Mr. Beaver was not present. Suzanne Kelley will work with both Village and Township to incorporate WHP measures into our respective ordinances.

Bear Lake Fire Chief Mike Ludwig detailed the 3 contingency plans to be developed to cover a water emergency / disaster preparedness response:

a) in the event the ground water becomes contaminated and pollutes the water source.

b) in the event the water tower or pumps fail.

c) in the event the water system fails.

He will bring costs for purchasing and hauling potable drinking water to the next quarterly meeting.

Bear Lake County Highlands Golf Course agreed to serve on the WHP because their property is wholly contained within the catchment area. They and Blarney Castle Oil have been asked to work on a contamination emergency response.

Kelly Hon of MRWA (http://www.mrwa.net/) detailed the assistance that organization would offer for education and outreach. Village becoming a member of MWRA was discussed plus the availability of education materials available for the Bear Lake Elementary School exhibit, funded through our Water Quality Initiative grant from Manistee County Community Foundation. ( $1145.00 – $246 being earmarked for exhibit materials) The cost of purchasing a ground water flow model for the Elementary School plus coloring books will be explored.

The reasons for the Village’s commitment to continuing the WHP were listed:

1) estimated costs of water system replacement: 2 new wells = $600,000; replacing the water tank = $450,000; new tank control systems = $30,000; new mains construction to a new well or tank site = $90,000

2) new State legislation which exempts municipalities with a WHP in place from liability or law suits under the new water withdrawal/ aquifer protection law.

3) protecting ground water from potential pollution from new developments.

4) Laying the groundwork for future application to the State of Michigan Drinking Water Revolving Fund ( http://www.michigan.gov/deq/0,1607,7-135-3307_3515_3517—,00.html)

The Wellhead Protection Meeting closed at 7.45 p.m.

Winter 2003 Village Newsletter.)

2003 Ordinances

2000 Census

The Regular Meeting of the Bear Lake Village Council was called to order by President Glen Moore at 7:45 p.m. at the Bear Lake Village Hall.

Present: Trustees; Dendra Best, Vern Best, Joanne Schroeder, Carol Urbanus.

Howard Higley.

Absent; Treasurer; Connie Guerne, Clerk; Pam Wade; Trustees; Don Hyrns, Jeff Harthun.

Public: David Long, Ron Ronning, Robert Howe,Tim Richard.

In the absence of the Clerk, through ill health, President Moore authorized Trustee Best to act as Clerk. It was also noted that ill health due to surgery was the reason for the absence of Treasurer Connie Guerne and Jeff Harthun. Trustee Vern Best left the meeting at 8 p.m. due to ill health, also due to surgery.

Minutes: The November minutes were approved as presented.

A Fund Balance Treasurers Report was available but not read into the Minutes due to the absence of both Clerk and Treasurer.

Bills: Motion made by D. Best to pay the bills presented . Motion carried.

Correspondence: Letters Sent:

1) To Bear Lake Pleasanton Area Utilities Authority Chair Fred Alkire informing them of Council’s Motion to Withdraw as of November 11, 2003.

2) To: USDA Rural Development informing them of our reasons for withdrawal

3) To USDA RD filing a request under the Freedom of Information for information presented to them in conjunction with the BLPAUA Environmental Report.

Letters Received:

1) USDA RD – Response to FOIA Request.

2) Correspondence with Attorney Hyrns regarding Resolution to Withdraw from BLPAUA.

2) Michigan Democratic Party – instructions on Voting in the 2004 Caucus.

3) CorrPro Waterworks – regarding cathodic corrosion control equipment annual

maintenance.

Council Members:

1) D. Best reminded Council of the December 11 meeting of the Northwest Michigan Onsite Wastewater Task Force.

2) A complimentary survey of the property at the corner of US31 and Virginia Street has been received for our files. It shows an encroachment of the sidewalk on to the back corner of the property and draws to our attention the plot issues with all property on the east side of US31.

3) Council reviewed the Winter Newsletter which will be distributed with the next Water Bill. President Moore requested the addition of language concerning encroaching on the road right of way.

4) Clerk was instructed to write to Bear Lake Ace Hardware listing who had authority to charge goods and services on behalf of the Council – limited to Howard Higley, Water Superintendent, and those Council members not on the election ballot for 2004.

New Business:

1) Christmas Bonus for Village Maintenance Manager. D. Best made a Motion to award a $750 Bonus this year. Motion Failed. Schroeder made a Motion to award a $500 Bonus, Second by Urbanus, Motion Carried.

2) Clerk was instructed to attend the required Secretary of State Election preparedness class.

3) Clerk was instructed to write letters to 3 residents who are in violation of the Village Dismantled Vehicle Ordinance.

Library: The Keddie Norconk Memorial Library Board has rescinded its acceptance of the Village’s Resolution to Withdraw. It is also refusing to fulfill the terms of the Revenue Sharing Grant and accept being billed for its share of the FY 2002/3 Audit pending receipt of a copy, also refusing to bear the cost of administrative expenses incurred by the Village Clerk and Treasurer to handle its transactions. Schroeder attended the KNMLB Meeting to inform them that the Village will retain its third ownership of the property but feels that for us to contribute tax dollars toward an annual support would be duplicating taxes we already pay by virtue of being Bear Lake Township tax payers. If the Village remains Fiscal Agent, administrative costs will be incurred. Schroeder reports the KNMLB is in the process of amending its Charter and Bylaws. Best read from the letter received from KNMLB Attorney Koning in which he states the Village has the option to ask for the dissolution of the KNMLB.

Action was tabled until the January 2004 Council meeting.

Park : Urbanus gave her Annual Report of the 2003 Season. Final Revenue figures are still being prepared. There was one less Seasonal Renter.

Schroeder made a Motion to increase the size of the Hopkins Park ad in the 2004 Manistee Visitors Guide at a cost of $354. Second: Urbanus. Motion Carried.

A fair method of allocating Park Lots during July Bear Lake Days was discussed. Motion by D. Best that, commencing 2004, the maximum number of Lots that can be reserved by one person during Bear Lake Days weekend shall be 3. Second: Urbanus. Motion Carried.

Sewer: President Moore and Dendra Best met with Bear Lake and BLPAUA Treasurer Don Shreve to receive a written list of the amount the BLPAUA considers the Village share of their outstanding debts.

An opinion was received from Village Attorney Hyrns. Council came to the consensus that although we still disputed the amount, in the interests of avoiding further legal costs and liability we would accept our Attorney’s advice. D. Best made the Motion to present to the BLPAUA our official Resolution to Withdraw at their next Board meeting. Second: Schroeder. Motion Carried. The amount to be reimbursed is $5,372.95 with the proviso that in the event the BLPAUA continues and receives future funding from USDA RD, they shall return the Village’s feasibility contribution of $17,500 from any moneys received.

Questions came from the public present how the costs of the sewer project could be contained. Village residents are Bear Lake Township tax payers and are encouraged to attend both the Township meetings and those of the BLPAUA.

In other wastewater business: Motion by Schroeder to pay the $150 Registration fee for Council Trustees to attend the January 6-8 Michigan Onsite Wastewater Recycling Association Conference in Lansing to begin research and data collection for a more cost effective approach. Second: Urbanus. Motion Carried.

D. Best presented a letter of interest submitted by Wastewater Management LLC. who would like to offer a stand-alone alternative. The Clerk was instructed to send an invitation for the company to make a formal presentation at the January 2004 Council Meeting.

Streets/ Sidewalks: Council has serious concerns about the erection of fences, posts, sprinklers which impede safe passage on the road right of way and also pose a hazard for winter vehicle traffic and Village snow plowing. A letter will be sent to one party and a note of the liability of creating a traffic hazard will be added to the Council’s Winter Newsletter.

The Tree Committee was asked to contact Thompsons Tree Removal to see if a brush chipping could be arranged.

Water: Motion by Urbanus to purchase a pair of walky talkies for use by the Water Department and Village Maintenance Manager. Second: Schroeder. Motion carried.

A revised 2004 Water Rate structure was presented and will be placed on the Agenda for January 2004. Best reported the GASB34 requirement to carry a Contingency for Replacement amount within future budgets.

Old Business:

As no responses were received from Council, Schroeder and Best have redrafted the Junk Vehicle and Blighted Buildings Ordinance which will be sent to Council with a request to return their written notes to the Ordinance committee by January 5 in order that a second discussion can take place at the January Council Meeting.

The Ordinance Committee will also contact Suzanne Kelley to begin reviewing the Water Ordinance and incorporating the Wellhead Protection Delineation.

Schroeder made a Motion to Adjourn at 8.50 pm. Second by Urbanus. Motion Carried.

Respectfully Submitted: Dendra Best, Trustee substituting for Clerk

Bills paid for November : Bear LAke Ace Hardware $236.10; Bittner, Hyrns, Daly & Riemland. P.C. $163.50; Hyde Equipment $48.42 ; Jackpine Business centers $35.98; Kent County Health Department $96; Marathon Ashland $79.82; McBride Septic Systems LLC $580.00; MISS Dig System Inc. $177.24; NAPA Auto Pars $59.80 ; Pioneer Group $ 41.53; Pioneer Press Printing $18.00; Ron Brown and Sons $43.96; Shoreline Waste Services $140.10; Staples $46.61 and $84.40