August 23, 2017 Special Meeting Minutes

GLV_Handbook_final [pdf]

and OMA_handbook_287134_7 [pdf]

When must the minutes be available – proposed minutes must be made available for public inspection within eight days after the applicable meeting. Approved minutes must be made available for public inspection within five days after the public body’s approval.{MCL 15.269]

When must the minutes be approved – at the board’s next meeting.[MCL 15.269(1)]

 Corrected minutes must show both the original entry and the correction (for example, using a “strikethrough” word processing feature).

MINUTES [Note: Numerous requests to receive a copy of the draft minutes received no response. These Minutes were not approved in September but at the October meeting]

THE VILLAGE OF BEAR LAKE COUNCIL SPECIAL MEETING

Bear Lake Village Hall, 12376 Virginia Street

August 23, 2017 at 6:00pm

Approved Minutes with correction (cmc)

Called to Order by President Bair, 6:01pm

Pledge of Allegiance was said

Roll call: President Bair, Treasurer King, Clerk McPherson Staff; Jared Bair Council: Bass, Evans, Johnson, McPherson, Ronning and Schroeder Absent: Gibson

Guests: six (6) guests signed in

Motion by McPherson to adopt the agenda, seconded by Bass. Motion Carried.
o Yay: Bass, Evans, Johnson, McPherson, Ronning, Schroeder and Bair
o Nay: None

Motion was made by Ronning to pay employee (Jared Bair’s) health insurance with a separate check to be issued at the first pay for the next 3 months, starting in September 2017. Gross $230.10, Federal $0, FICA $14.27, Medicare $3.34, State $9.78. Jared will cover any additional amount due. Seconded by Schroeder. Motion Carried.
o Yay: Bass, Evans, Johnson, McPherson, Ronning, Schroeder and Bair
o Nay: None
Note: Letter received from Blue Cross Blue Shield, the village could not make Jared’s insurance payment as the village was not a “blood relative” according the “Affordable Health Care Act”.

Motion was made by Bass to replace current flags with new banner flags on current poles. Seconded by Evans. Motion carried.
o Yay: Bass, Evans, Johnson, McPherson, Ronning, Schroeder and Bair
o Nay: None Motion was made by Evans to give the Banner Project Committee our full support as they move forward with the winter banners and Christmas light project. We agree to pay the light bill for the Christmas decorations. We understand our only obligations lie in supporting the decisions made by the committee and paying the light bill. Seconded by Ronning. Motion carried.
o Yay: Bass, Evans, Johnson, McPherson, Ronning, Schroeder and Bair
o Nay: None

Motion was made by McPherson to apply for a grant for the Plow Truck through the Local Revenue Sharing Board for the Little River Band of Ottawa Indians/State of Michigan Gaming Compact. Amount requested, $39.500.00. Seconded by Ronning.
o Yay: Bass, Evans, Johnson, McPherson, Ronning, Schroeder and Bair o Nay: None

Motion was made by Evans to change Village Office Hours to Tuesday, Wednesday and Thursday, 1pm -3pm. Seconded by Bass.
o Yay: Bass, Evans, Johnson, Ronning, Schroeder and Bair
o Nay: None
o Abstained: McPherson Note: Treasurer hours will be Tuesday 2pm -6pm and Wednesday 1pm -3pm

Motion was made by McPherson to release our current Water Well Project attorney, Randy Hryns, terminate exsisting legal agreement with Bittner/Jennings, seconded by Bass. Motion carried. o Yay: Bass, Evans, Johnson, McPherson, Ronning, Schroeder and Bair
o Nay: None

Motion was made by Ronning to accept legal service agreement with Young, Graham and Wendling, with correct spelling of “Michigan”, seconded by Schroeder. Motion carried.
o Yay: Bass, Evans, Johnson, McPherson, Ronning, Schroeder and Bair
o Nay: None Public Comment:
o Don Raiff asked if village deck could be used for music/entertainment or in Hopkins Park? Yes, contact President Bair or Clerk McPherson. David King was concerned about the sound for campers. Barb Farfsing stated there is a group looking at grants from the Traverse City Arts Council for entertainment on the deck.

Adjournment at 6:58pm Respectfully submitted by Clerk McPherson

Rule on ‘competing record’

In legal terms there can be only one official record of a local government meeting – usually once the approved/corrected Minutes have been accepted.

Michigan’s Open Meetings Act Public Act No. 267 of 1976, as amended:

Proposed minutes must be available for public inspection within 8 business days after a meeting. Approved minutes must be available within 5 business days after the meeting at which they were approved. Corrections in the minutes must be made no later than the next meeting after the meeting to which the minutes refer. Corrected minutes must be available no later than the next meeting after the correction and must show both the original entry and the correction.

Almost all Michigan units of government either record their meetings or broadcast via Public television. In addition:

15.263 Meetings, decisions, and deliberations of public body; requirements; attending or addressing meeting of public body; tape-recording, videotaping, broadcasting, and telecasting proceedings; rules and regulations; exclusion from meeting; exemptions.

Sec. 3. (1) All meetings of a public body shall be open to the public and shall be held in a place available to the general public. All persons shall be permitted to attend any meeting except as otherwise provided in this act. The right of a person to attend a meeting of a public body includes the right to tape-record, to videotape, to broadcast live on radio, and to telecast live on television the proceedings of a public body at a public meeting. The exercise of this right shall not be dependent upon the prior approval of the public body. However, a public body may establish reasonable rules and regulations in order to minimize the possibility of disrupting the meeting.

(4) A person shall not be required as a condition of attendance at a meeting of a public body to register or otherwise provide his or her name or other information or otherwise to fulfill a condition precedent to attendance.

Essentially this means if an action or decision does not appear in the published approved Minutes there is no legal record it took place. A private Citizen may record and broadcast a meeting but the official minutes are still the legal record.

OMA_handbook_287134_7

MI Open Meetings Act