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Village of Bear Lake 2018 Meeting Dates

As the Village web site is showing the 2017 Meeting dates:

Village of Bear Lake Regular Meetings are held on
the 3rd Wednesday of the Month, beginning at 7:00pm.

Conference Call-In to listen to monthly council meetings can be done by calling 1.302.202.1107, Conference code 149002.  Note:  a charge from your phone carrier could apply – we suggest using Google or Skype to avoid charges

The following was received January 13, 2018 PROPOSED COUNCIL MEETING DATES FOR 2018 (1)

PROPOSED COUNCIL MEETING DATES FOR 2018
Third Wednesday of each month – with the exception of when the 3rd Wednesday may fall on or close to a holiday.
January 17
February 21
March 21
April 18
May 16
June 20
July 18
August 15
September 19
October 17
November 21
▪ Change to November 14 due to Thanksgiving on November 22
▪ Elections November 6
December 19

A reader has asked what the procedure is for changing a scheduled Meeting date. Here is the Michigan Municipal League Guidance Document

FS OMA Posting Requirements [pdf]

Introduction

The Michigan Open Meetings Act (OMA) requires meetings of a public body to be open to the public and held in a place available to the general public. Notice of regular meetings shall be posted within ten days after the first meeting in each calendar or fiscal year, and notice of special meetings shall be posted at least 18 hours before the meeting. In addition, the OMA allows for public bodies to hold emergency meetings. Public notices must contain the name of the public body to which the notice applies, its telephone number, and its address. PA 528 of 2012 amended the OMA with the intent to create more transparency in the event a public body has to hold an emergency meeting that does not comply with the 18-hour notice requirement of the OMA. This new Act contains additional new posting requirements for public bodies: public bodies are now required to post notices in a “prominent and conspicuous place” on their official websites.

New requirements for rescheduled regular meetings or special meetings

If a public body reschedules a regular meeting or holds a special meeting, a public notice stating the date, time, and place of the meeting shall be posted at least 18 hours before the meeting in a prominent and conspicuous place at:

• both the public body’s principal office and,

• if the public body directly or indirectly maintains an official website that includes monthly or more frequent updates of public meeting agendas or minutes, on a portion of the website that is fully accessible to the public. The public notice on the website shall be included on either the homepage or on a separate webpage dedicated to public notices for special meetings and accessible via a prominent and conspicuous link on the website’s homepage that clearly describes its purpose for public notification of those special meetings.

New requirements for emergency meetings

A public body may meet in emergency session in the event of a severe and imminent threat to the health, safety, or welfare of the public when 2/3 of the members serving on the body decide that delay would be detrimental to efforts to lessen or respond to the threat. However, if a public body holds an emergency public meeting that does not comply with the 18-hour posted notice requirement, it shall make paper copies of the public notice for the emergency meeting available to the public at that meeting. The notice shall include:

• an explanation of the reasons that the public body cannot comply with the 18-hour posted notice requirement.

o The explanation shall be specific to the circumstances that necessitated the emergency public

meeting, and the use of generalized explanations such as “an imminent threat to the health of the

public” or “a danger to public welfare and safety” does not meet the explanation requirements of this

subsection.

• If the public body directly or indirectly maintains a website that includes monthly or more frequent updates of public meeting agendas or minutes, it shall post the public notice of the emergency meeting and its explanation on its website in the manner described for an internet posting above.

• Within 48 hours after the emergency public meeting, the public body shall send official correspondence to the board of county commissioners of the county in which the public body is principally located, informing the commission that an emergency public meeting with less than 18 hours’ public notice has taken place.

o The correspondence shall also include the public notice of the meeting with explanation and shall be sent by either the U.S. postal service or electronic mail.

Compliance with the notice requirements for emergency meetings shall not be construed to create a legal basis or defense for failure to comply with other provisions of the OMA and does not relieve the public body from the duty to comply with any provision of the Act.

Michigan Municipal League  September 2016

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