Request for reasonable accommodation under Village of Bear Lake Title VI Policy

May 30, 2017:

Request for Equal Access under:

Village of Bear Lake Title VI Non Discrimination Policy.

And 

Michigan Open Meetings Act (OMA) of 1976. Public Act 267, MCL 15.261 through 15.275

By virtue of the adoption, at Village of Bear Lake Council REGULAR MEETING on November 16, 2016:

“Adoption of Title VI Plan – Revisited tabled document from October 19, 2019 meeting. 

• Motion was made to adopt the Title VI Plan by Johnson, seconded by Bass. Motion carried.

Aye: Edwards, Johnson, Bass, Ronning, Gee and Bair. Nay: none. Abstained: none”

and the prior appointment: September 21, 2016

• “Motion to appoint Clerk, Cindi McPherson as the Title VI coordinator; Bass moved, Ronning seconded, motion carried.

Aye: Johnson, Ronning, Bass, Bair. Nay: None”

And the Statement of Compliance contained therein:

“The Village of Bear Lake is a General Law Village, in northwest Michigan, operating under the General Law Village Act 3 of 1895 as amended of the State of Michigan.  Accordingly, the Village of Bear Lake is a body organized to promote the general health, welfare and safety of the public and citizens of the Village of Bear Lake.  The village of Bear Lake serves all people, including minority populations, low income populations, the elderly, persons with disabilities, and those who traverse the Village.  The Village of Bear Lake, recognizes in responsibility to provide fairness and equity in all of its programs, services, and activities, and that it must abide by and enforce federal and state civil rights legislation.”

Therefore under the Title VI of the Civil Rights Act of 1964:

Bear Lake News Requests, on behalf of those unable to physically attend Village of Bear Lake meetings:

*No later than 2 days Prior to any and all Regular, Special, Commission or Committee meetings of the Village of Bear Lake or its agents the following documents via electronic mail to this address   ursusmajornwmi@gmail.com:

1. A current and accurate Agenda of Business to be conducted

2. All correspondence received to be noted or discussed at said meetings

3. The Treasurer Report

4. The Clerk Monthly Budget To Actual, by Line Item, by Fund, (expenditures enacted and accrued) Report

5. All documents for discussion or review.

6. In compliance with Michigan Open Meetings Act (OMA) of 1976. Public Act 267, MCL 15.261 through 15.275 – within 5 business days, the Approved Minutes and within 8 business days the Draft Minutes of any and all Regular, Special, Commission or Committee meetings of the Village of Bear Lake

Further – in compliance with “fairness and equity in all of its programs, services, and activities,”, Bear Lake News has established a free telephone conference line to enable full participation of the citizenry in Village Meetings and to enable Public Comment.

Prior to the Call to Order at each meeting please dial in to: 

1. Call your dial-in number: (xxx) xxx xxxx

2. Enter the access code: xxxxxx

{NOTE_ this service is intended for Village residents and property owners or those with an official governmental interest. If you would like to access this service and receive the number and access code please send an email or reply to this post]

As the Village has an unlimited calling plan there will be no charge. To accommodate the hearing impaired we request you set your speakerphone to high.

All meetings will be recorded for broadcast.

Bear Lake News Editorial Board

Regulating Medical Marijuana Facilities: A Workshop for Local Government

Michigan State University Extension and the Land Policy Institute recently collaborated to deliver training to more than 800 people on the Medical Marihuana Facilities Licensing Act passed in 2016. The training targeted local units of government to explain their options under the new laws.
In addition to conducting a webinar training, the “Regulating Medical Marijuana Facilities: A Workshop for Local Government” was conducted at various locations around the state during February and March 2017.
An MSU Extension web page is now available that houses useful information related to the Licensing Act, including resources from the training, such as impacts and effects, sample ordinances, fact sheets, Q&A’s and more. Learn more at: Medical Marihuana Facilities Licensing Act.
Photo courtesy of MSU Extension.

Within an inch of disaster ….

http://news.pioneergroup.com/manisteenews/2016/07/28/vandals-damage-main-gas-line-bear-lake-school/

The purpose of this site is usually to present news, factual documents without opinion or editorials.

However, a little before 3am on the morning of Wednesday July 27, 2016 an incident occurred which constitutes a grave threat to human life in the Village of Bear Lake.

2-3 individuals took a heavy implement and broke off the natural gas regulator at Bear Lake School – resulting in a 1 1/2″ line blasting gas out full bore, loud enough, fortunately, to wake neighbors.

We appeal for anyone with information, which may lead to those who did this being caught and prosecuted to the full extent of the law, to contact the Manistee County Sheriff. (231) 723-8393

This situation was deadly serious.
It being a calm night an inversion did not dissipate the gas upwards but rather sent it downwind and downhill to all the adjacent homes. Neighbors were indeed fortunate that someone saw the incident take place and called it in immediately.
The consequences of natural gas gathering in people’s ground floor rooms or basements does not bear thinking about.
The lives that were put in jeopardy by this callous, senseless act MUST be considered when the individuals are brought to justice.
To see what happens in situations like this see:

http://www.nytimes.com/2016/03/10/us/seattle-explosion.html?_r=0

And yes indeed there was a fatality.

Natural gas contributes to asphyxia:

http://plumbinghelptoday.com/denver-plumbing-repair-blog/2010/10/natural-gas-poisoning-symptoms/

The fatality was our parrot. Almost recovered from an infection, his room had all the windows open on this warm night and we woke to find our house filled with gas odor as did all our neighbors. By the end of Wednesday he was in trouble and by Thursday morning he was dead. We had rescued him 31 years ago and he should have lived another 30-40 years.

Yes when weighed against the lives of human beings, and in particular our incredible Bear Lake Fire Department staff who put their lives in dire peril to walk up to the pipe to shut it off, the life of a pet bird may seem trivial – but what if that had been a baby sleeping in that room? What if the leak had gone undetected for hours? What if the pilot light had kicked on or a static spark occurred, or the main transformer which stands within 3 feet of the vandalized gas connection had arced when 2 BLTFD personnel stood there?

We lost a member of our family. We could have lost a school and 2 blocks.

IMG_1014

JOB DESCRIPTION Blight Enforcement Officer

[This item may be discussed at Wednesday July 20 Village Council Meeting]

Village of Bear Lake

JOB DESCRIPTION Blight Enforcement Officer

Reports to: Blight Committee Chair, Village President, Village Council

Overview: The Blight Enforcement Officer is the chief enforcement officer for the Village Blight Ordinance.

Duties: Monitor and enforce Village of Bear Lake’s Blight Ordinance in various ways including utilization of the Civil Infraction Ordinance. Investigate complaints. Issue citations as required. Support the Village’s interest in any litigation.

Qualifications preferred:

 Experience in general law enforcement.

 Experience in conflict resolution.

 Understanding of the general operations of a small community: both formal and informal.

 Fairness and impartiality.

Salary: Commiserate with experience and qualifications. This position is open until filled.

Please contact the Village of Bear Lake 231.970.2066. Office days and hours are Monday – Friday, 1pm -3pm Village of Bear Lake Clerk, Cindi McPherson http://www.bearlakemichigan.org

Blight Ordinance – Read Here.

{Note: the Village of Bear Lake Current Census figures} Totals- 95 Families, Adult population 255, employed 155. Median Household Income $35,139. Total Housing Units 185.

ACS_14_5YR_DP05

Village Council meets 7pm June 15, 2016

2016-2017 Budget spreadsheet

Michigan Department of Treasury Village Audit Filings.

The Village has received a letter of non compliance for filing the FY2014-15 Audit more 6 months past due.

May 25, 2016: Thank you for submitting a qualifying statement for Bear Lake Village to the Michigan Department of Treasury on May 24, 2016. Based upon the information provided in the qualifying statement, we have determined that Bear Lake Village is not in material compliance with the following criteria as identified in section 303(3) of Public Act 34 of 2001:

 Subsection [d] the municipality has not filed its most recent audit report with the department within 6 months from the end of the fiscal year of the municipality.

Therefore, Bear Lake Village is not authorized to issue municipal securities under this act without further approval from the Department. You may request reconsideration of this denial or you may request prior approval from the Department for each municipal security that you issue until you are eligible to submit your next qualifying statement.

2015 Audit

Refer to Pages 44-46

All Audits from 2004 to date are available from:
Michigan Department of Treasury Village Audit Filings.

Enter: County, Village, leave Year blank and leave Select Document Type.

searchbox

Village of Bear Lake – March 2016 Draft Minutes

The Village Clerk has supplied the draft March 2016 Minutes – viewable here.

Two items prompted further enquiry.

1. “corrections to the Approved FY2016-17 Budget”  – a request has been made to receive updated Approved FY2016-17 Budget documents as part of an ongoing FOIA request.
2. Water:
  • Meeting with USDA rep & Fleis & VanderBrink to start conditions process on Water Project. 
“Will you please elaborate on this? What is the time and date of this meeting, it’s location and purpose?”
The response was:
“The meeting was on Friday, March 18, 2016.  A USDA representative delivered papers to began the loan/grant process for the new village water system.  The packet was sent to the village attorney for review.  A representative from Fleis and Vander Brink was present. Special meeting notices were posted at the village offices, post office and library on Thursday morning March 17,2016.”

3. Village property owners should note an action taken at the March Meeting to avoid being delinquent in future property tax payments:
” Treasurer King made a proposal to have the Village of Bear Lake use the same tax due date as the rest of Manistee County.  Motion made by Johnson to accept proposal, seconded by Bass.  5 Yays, 1 Nay Motion carried.”By this action all Village of Bear Lake property taxes are now be due September 14 which is different than the customary practice.

THE GENERAL LAW VILLAGE ACT (EXCERPT)

Act 3 of 1895

69.18 Taxes as lien against property; interest; fees and charges; taxes returned delinquent;resolution; tax bill or enclosure to specify where delinquent taxes to be paid; adding fees and interest to taxes; return of unpaid taxes on real property to county treasurer; collection; rate of interest and fees; delinquent taxes as lien; return to department of treasury.

Sec. 18. (1) Taxes collected by a village shall become a lien against the property on which assessed on July

1. Taxes collected on or before September 14 in each year shall be without interest. Taxes collected after September 14 of any year shall bear interest at the rate imposed by section 59 of Act No. 206 of the Public Acts of 1893, being section 211.59 of the Michigan Compiled Laws, on delinquent property tax levies which became a lien in the same year. The village taxes which are collected by a village shall be subject to the same fees and charges the village may impose under section 44 of Act No. 206 of the Public Acts of 1893, being section 211.44 of the Michigan Compiled Laws. All interest and property tax administration fees that are imposed prior to the date these taxes are returned delinquent and that are attributable to village taxes shall belong to the village. Interest and, to the extent permitted by section 44 of Act No. 206 of the Public Acts of 1893, fees shall be included in the unpaid tax rolls or the delinquent tax rolls returned to the county treasurer on September 15, or not later than March 1 if the warrant is extended.

(2) Taxes collected by the village shall be returned delinquent to the county treasurer on September 15 unless the governing body of the village by resolution adopted on or before June 1 of each year determines that the village taxes shall be returned to the county treasurer on the same date that county taxes are returned delinquent for collection. The resolution shall be forwarded to the county treasurer before July 1 each year.

The village tax bill for each year or a separate enclosure with the tax bill shall specify where such delinquent taxes are to be paid.

(3) If the unpaid village taxes are returned to the county treasurer prior to March 1 of the year following the levy of the village taxes, the county treasurer shall add to such taxes fees and interest in the same amount as would have been added if collected by the village treasurer. As of March 1, the accumulated interest and the fees on such taxes which may be imposed and returned delinquent shall be added to and become a part of the village tax subject to the interest and fees charged by the county treasurer on the delinquent taxes pursuant to section 59 of Act No. 206 of the Public Acts of 1893.

(4) Within 1 week after the expiration of the time limited in the warrant for the collection of the taxes levied on the roll, or within 1 week after the time to which the warrant may have been renewed or extended, if the treasurer has been unable to collect any of the taxes on the roll on real property, the treasurer shall return all unpaid taxes on real property to the county treasurer in the same manner and with like effect as returns by township treasurers. The taxes returned shall be collected in the same manner as other taxes returned to the county treasurer are collected pursuant to the general property tax act, Act No. 206 of the Public Acts of 1893, being sections 211.1 to 211.157 of the Michigan Compiled Laws, with the same rate of interest and fees. All taxes upon real property returned as delinquent shall be and remain a lien on the property until paid. The county treasurer at the time that he or she makes the return to the department of treasury of delinquent taxes assessed under the general property tax act, Act No. 206 of the Public Acts of 1893, shall also make a return of all village taxes that were returned delinquent to his or her office and remaining unpaid on March 1 of the year in which the return is made.

History: 1895, Act 3, Imd. Eff. Feb. 19, 1895;.CL 1897, 2869;.Am. 1915, Act 140, Eff. Aug. 24, 1915;.CL 1915, 2743;.CL 1929, 1652;.CL 1948, 69.18;.Am. 1984, Act 179, Eff. Mar. 29, 1985.

Rendered Thursday, March 17, 2016 Page 1 Michigan Compiled Laws Complete Through PA 37 of 2016 Legislative Council, State of Michigan Courtesy of http://www.legislature.mi.gov

DRAFT January 20, 2016 Village of Bear Lake Minutes

The following DRAFT minutes were received today from the Village Clerk.

Village of Bear Lake Council

REGULAR MEETING

January 20, 2016

Bear Lake Village Hall 

Unapproved 

Pledge of Allegiance – said by all.

The Regular Meeting of the Bear Lake Village Council was called to order by President Jeff Bair at 7:00 p.m. at the Bear Lake Village Hall.

Present: President: Jeff Bair Council: Ron Ronning, Carver Edwards, Don Hyrns, Peggy Bass, Jackie Johnson, Janene Gee, Deputy Treasurer: Sally King, Clerk: Cindi McPherson Staff: Jared Bair.

Absent: None

Guests: Greg McPherson, Pauline Jaquish, and John Prokes, Todd Merrill, Christopher Gomez and Joshua Feyers.

Motion by Ronning seconded by Johnson to accept the January 20, 2016 Agenda. Motion carried.

Public Comment: Jaquish reported on Sparkle in the Park.

Correspondence: Letter from Manistee County community foundation was read, Grant approval reward of $1,000 for Village of Bear Lake / Bear Lake High School storm drain project.

Regular Meeting Minutes for December 16, 2016 Motioned by Bass, seconded by Hyrns to accept the minutes. Motion Carried.

Maintenance Personnel Report: Jared Bair

* Park Report, Water Report, General Report and Equipment Report

  • Report on file.

Treasurer’s Report: Read and on file

Motion by Johnson, seconded by Bass to accept the Treasurer’s Report. Motion carried.

FUND NAME GRAND TOTAL

Building Fund $0

Equipment Fund $3,627.

Minor Street Fund $19,726.99

Major Street Fund $31,152.59

Park Fund $22,438.18

Water Fund $6,835.11

Museum Fund $0

General Fund $54,553.05

CD – Honor Bank $32,698.82

MMA $10,024.46 (Formerly Huntington Account)

Savings – Honor Bank $25,978.46

Bills to be paid – motion by Ronning, seconded by Gee, motion carried.

  • List of Bills to be Paid can be found at the end of the minutes

Reimbursement to the General Fund:

Major Street 11/01/2015-11/30/2015 $0

Minor Street 11/01/2015-11/30/2015 $0

Park Fund 11/01/2015-11/30/2015 $901.50

Water Fund 11/01/2015-11/30/2015 $214.50

Total to transfer to General Fund=$1,116.00

COMMITTEE REPORTS:

Park: 

* A presentation was given by Bear Lake High School teacher & students for the Storm Discharge System they will be designing and building for Hopkins Parks.  Presentation on file.

* Bathrooms almost ready for spring opening

* Job posting for part-time park manager – no inquiries at this time.

  • Jeff will continue to monitor park phone for reservations, a few reservations received

Trees:

Thompson’s Tree Removal Company was purchased by owner’s son.  Hope we will be able to continue business with him.

Streets:

Good job on snow removal.

Equipment:

* New pick-up truck doing a good job.

  • Jeff is looking for an architect to design a building for tucks & tractor storage.

Sidewalks:

  • Work to begin in Spring due to weather.

Museum:

Report by Jaquish – Contractor to start in Spring 2016.

Planning Commission:

No meeting/no report

Old Business:

* Village Council Committees were updated

  • Park Lease:  Bair reported a payment of $1000 was received from the marina’s owner on the lease/easement agreement in December 2015 but the check was NFS from the bank.  $720 is due yearly. Bair recommended the village lawyer moves forward on having renter remove his items from the village property.
  • A motion was made by Ronning, seconded by Bass to have the village lawyer move forward with action. Motion carried.

New Business:

* Date for Village budget meeting will be Thursday, February 11, 2016 at 6:30pm at the Village Hall of Bear Lake

* Price increase for RED village trash bags to $23.00.  Reflecting increase from trash removal company

* A resolution was made by Johnson, seconded by Gee to appoint the current Village Clerk to Street Administrator. Accepted by all members

* A motion was made by Ronning, seconded by Johnson to appoint the Deputy Treasurer to Treasurer till the end of current term.  Motion carried.

  • A motion by Bass, seconded by Gee to make Johnson President pro tempore for 2016.  Motion carried.

Public Comment:

McPherson wanted clarification on marina property/lease.

Council Members:

Village Treasurer’s office hours: Monday 2pm -6pm, Wednesday and Thursday 10am -1pm

Upcoming Events and Announcements:

* Community Dinner at Bear Lake United Methodist Church on Thursday 1/21/16, 5p – 6:30p

  • Home boys basketball game and recognition of Bear Lake High Boys Cross Country Team State award

Meeting adjourned at 8:15p

Respectfully Submitted, 

Cindi McPherson, Village Clerk

Bills to be paid – January 20, 2016

Staples: office supplies $511.21 General Fund

Crystal Lock & Supply: Locks for Village Hall $135 + 258 = $393.0 General

Bear Lake Vehicle Service Center: maint for tractor $85.00 Major Street Fund

Bear Lake Vehicle Service Center: Door latch $79.52 Major

Bear Lake Vehicle Service Center: repair strobe light $96.43 Major

Bear Lake Vehicle Service Center: blades, strobe light & connect $421.80 Major

Absolute Safety: drug test – Jared $25 Major

Absolute Safety: drug test – Jeremy  & Bryson $50 Major

OMS Compliance Services: pre-employment drug test – Jeremy $77.50 Major

OMS Compliance Services: pre-employment drug test – Bryson $77.50 Major

OMS Compliance Services: pre-employment drug test – Jared    $77.50 Major

Michigan Pipe & Value $1,792.80 Water Fund

McBride Systems $415.00 Water

USA Blue Book: Eye wash station $191.61 Water

Mead & Hunt: water system oversight/sampling $1,357.30 Water

Mead & Hunt: CCC program $240.00 Water

American Water Works Association (Gary McBride, membership) $75.00 Water

Reimbursement to Jared Bair – Light Bar for new truck $281.50 Park Fund

Bear Lake Ace Hardware $549.50 Park

Bittner/Jennings Attorneys $229.43 Park

Village of Bear Lake – Approved December 2015 Minutes

The following Minutes were supplied by the Village Clerk today (01/18/16). and approved at the January 20 meeting with no corrections.

Village of Bear Lake Council  REGULAR MEETING  December 16, 2015

Bear Lake Village Hall 

Approved 

Pledge of Allegiance – said by all.

The Regular Meeting of the Bear Lake Village Council was called to order by President Jeff Bair at 7:00 p.m. at the Bear Lake Village Hall.

Present: President: Jeff Bair Council: Ron Ronning, Carver Edwards, Don Hyrns, Peggy Bass, Jackie Johnson, Janene Gee, Treasurer: Alice Howe, Clerk: Cindi McPherson Staff: Jared Bair.

Absent: None

Guests: Sally King, Greg McPherson, Pauline Jaquish, and Donna Ronning

Motion by Johnson seconded by Bass to accept the December 16, 2015 Agenda. Motion carried.

Public Comment: Jaquish reported on Sparkle in the Park.

Regular Meeting Minutes for October 21, 2015 Motioned by Ronning Seconded by Bass to accept the minutes with correction. Motion Carried.

Maintenance Personnel Report: Jared Bair

 Park Report, Water Report, General Report and Equipment Report

 Report will be found in December 2015 Minutes folder.

Treasurer’s Report: Read and on file

Motion by Bass seconded by Ronning to accept the Treasurer’s Report. Motion carried.

FUND NAME

  • Building Fund      0  
  • Equipment Fund  3,627.68 
  • Minor Street Fund   19,776.83
  • Major Street Fund      32,044.86
  • Park Fund   26,922.54
  • Water Fund   9,951.63
  • Museum Fund      0
  • General Fund    63,959.22
  • CD – Honor Bank   32,651.07
  • MMA     10,023.96 (Formerly Huntington Account)
  • Savings – Honor Bank  25,968.22

Bills to be paid – motion by Bass, seconded by Johnson, motion carried. 

List of Bills to be Paid can be found at the end of the minutes

Reimbursement to the General Fund:

Major Street 11/01/2015-11/30/2015 = $104.50
Minor Street 11/01/2015-11/30/2015 =$52.50
Park Fund 11/01/2015-11/30/2015 =$919.00
Water Fund 11/01/2015-11/30/2015 =$543.50
Total to transfer to General Fund=$1,619.00

COMMITTEE REPORTS:

Park: 

  • Jeff reported a payment of $1000 was received from the marina’s owner on the lease/easement agreement. They will continue to pay $1000 a month until paid off.  $720 is due yearly.
  • Job posting for part-time park manager – no inquiries at this time.
  • Jeff will monitor park phone for reservations in January

Trees – No Report

Streets – No Report

Water –

  • Same as October meeting; village is approved for grant, waiting for monies from next year’s budget from grant.
  • DEQ meeting – report was good.

Equipment:

The village pick-up truck has new tires

Sidewalks:

Work to begin in Spring due to weather.

Museum:

  • Report by Jaquish – Contractor to start in Spring 2016.
  • Hope to open for Bear Lake Days 2016
  • Attorney not in favor of 35 year lease but will do one.
  • A motion was made by Ronning and seconded by Johnson to go with a 35 year lease.  All in favor.
  • Old museum blank checks from past checking account will be destroyed.
  • Motion was made by Ronning, seconded by Johnson to go ahead with 35 year lease for the museum.  All in favor.

Blight/CABA:

  • The old Phillips gas station is waiting for permits before it can be torn down.
  • Update on blight buildings/permits/purchases.

Planning Commission:

AES meeting at Crystal Mountain to attract new business & employees.  Jeff Bair will attend & open to council members

NEW BUSINESS:

  • Bair read resignation letter from Alice Howe, village treasurer, effective December 31, 2015.
  • Two white small banquet tables will be purchase from Howe for $20 & used in village hall for public information.
  • 2016 Village Council Meetings dates, motion by Bass, seconded by Gee. Approved, all in favor.
  • A copy of the public comments from the AES November meeting was presented.
  • A motion was made by Johnson and seconded by Hyrns to destroy audio tapes of meeting after minutes have been approved.  The council may at it’s option & upon motion/approval of Village Council direct clerk to maintain tapes for a different period of time.
  • Johnson made a motion to accept Bear Lake Village and Bear Lake Township Joint Resolution. Seconded by Hyrns.  All in favor
  • A motion was made by Hyrns to purchase a plow pick-up truck from the village of Mesick for use of small plow jobs in the village. Up to $3000, funds will come out of Park Funds. Seconded by Johnson.  All in favor.
  • MDOT Road money was reported on by Bair
  • It was approved to get a drop box for the village hall.
  • Motion was made by Johnson to give a holiday bonus to Jared Bair($200) and Waller($100) and $500 to Michelle Mortenson for her consulting work with the new village clerk.  Bair/Waller out of Park Fund and Mortenson from General Fund.  Seconded by Bass.  All in favor.

OLD BUSINESS:

  • A motion was made by Ronning to offer health insurance to Jared Bair, Village Maintenance employee.  Seconded by Gee.  Bair accepted.
  • The 2015 Manistee County Natural Hazard Mitigation Plan was adopted. Motion made by Johnson and seconded by Ronning.  All in favor.  Tabled from last month
  • Marina Lease, Jeff Bair will have attorney draw up a promissory note to be signed by Marina business owner for remaining part of balance due.  Monies received go to Park Fund.

PUBLIC COMMENT: None

COUNCIL MEMBERS: None

Upcoming Events and Announcements:

  • Community Dinner at Bear Lake United Methodist Church on Thursday 12/17/15, 5p – 6:30p
  • 1st Varsity Bear Lake Basketball game 12/17/15

Meeting adjourned at 8:30p

Respectfully Submitted, 

Cindi McPherson, Village Clerk

Bills to be paid – November 18, 2015

  • Absolute Safety – $278.35 Safety Equipment – General Fund
  • Bear Lake Ace Hardware – $370.09 – General Fund
  • Personal Plumbing – $50.00 unstick zone valve – General Fund
  • Michigan Department of Eviro Quaility (DEQ)- $598.63 (due yearly) Water Fund
  • Elmer’s $88.13 finance late charge – Water Fund
  • Blarney Castle BL Vehicle Service Center – $2,292.37 Repair dump truck- Major Street
  • Auto Value – $21.18, $7.82 & $24.69 Major Fund
  • Brown & Son’s -$50.94  Topsoil – General Fund
  • IRS – $380.48  June payment – General Fund
  • Bear Lake Improvement Board – $441.00  Milfoil – Park Fund
  • McBride Septic System – $2,380.00- replace curb stop & leak shut –Water Fund
  • Haviland Products Co. – $430.50  Bleach – Water Fund
  • Mead & Hunt – $980.70 Sampling – Water Fund
  • Staples – $199.99 Quick Books Pro 20 – General Fund
  • Republic Services – $188.88 General Fund
  • Thompson Tree Removal $100  General Fund
  • Michigan Association of Municipal Clerks -$60.00  Village Clerk membership to MML – General Fund

Village of Bear Lake PROHIBITION OF USE OF GROUNDWATER Ordinance

PROHIBITION OF USE OF GROUNDWATER The Village of Bear Lake ORDAINS the adoption of Ordinance #2015-2 entitled “Prohibition of Use of Groundwater”.

(a) Purpose.

The Village of Bear Lake Village Council finds that the use of wells for water for human consumption and the use of wells that may influence the movement of contaminated groundwater constitute a potential public health risk. This section is intended to protect the public health, safety, and welfare.

(b) Definitions. For purposes of this section, the following definitions shall apply:
(1) “Contaminated groundwater” means groundwater in which there is present concentrations of materials that exceed the residential drinking water criteria established by the DEQ by rule or operational memoranda pursuant to Part 201 of Michigan’s Natural Resources and Environmental Protection Act, 1994 P.A. 451, as amended.
(2) “DWRPD” means the Drinking Water and Radiologic Protection Division of the DEQ, or its successor agency.
(3) “Groundwater” means underground water within the zone of saturation.
(4) “DEQ” means the Michigan Department of Environmental Quality, or its successor agency.
(5) “Well” means an opening in the surface of the earth for the purpose of removing water through non-mechanical or mechanical means for any purpose.
(6) A reference to any Village official shall be deemed a reference to the individual duly appointed to such position and that individual’s designee.

(c) Prohibition.
Except as provided in subsection (d), no person shall install or utilize, or allow, permit, or provide for the installation or utilization of a well within the Village limits.

(d) Exceptions. A person may install or utilize, or allow, permit, or provide for the installation or utilization of, a well within the Village if any of the following exceptions applies and the requirements of the exception are complied with:
(1) This ordinance does not apply to wells established or to be established by or on behalf of the Village of Bear Lake. Any future wells to be established by the Village of Bear Lake must be done only after a public meeting and a majority vote of the Council of the Village of Bear Lake.
(2) Water service unavailable. If Village water service is unavailable to a premises in the Village, any well on that premises shall be tested annually by a laboratory that is acceptable to and for chemical parameters specified by the DWRPD. The results of that test shall be promptly submitted to the County Health Department for review. If the County Health Department determines that the well is safe and suitable for use, and proof of that determination is delivered annually to the Village, that well may be used. No split or conveyance of property shall be effective to render Village water service unavailable.
(3) Groundwater monitoring. A well may be used for groundwater monitoring and/or remediation as part of response activity approved by the DEQ.
(4) Construction de-watering. A well may be used for construction de-watering, if the following conditions are satisfied:
a.The use of the de-watering well will not result in unacceptable exposure to contaminated groundwater, possible cross-contamination between saturated zones, or hydro geological effects on contaminated groundwater plumes, and
b. The water generated by that activity is properly handled and disposed of in compliance with all applicable laws, rules, regulations, permit and license requirements, and orders and directives of any governmental entity or agency of competent jurisdiction. Any exacerbation caused by the use of the well under this exception shall be the responsibility of the person operating the de-watering well, as provided in Part 201 of the Natural Resources and Environmental Protection Act, being MCL 324.20101 to 324.20142.

(4) Processing activities. If the DEQ determines that the use of a well for non-contact heating, cooling or processing activities will not cause the future migration of contaminated groundwater, and proof of that determination is delivered to the Village, the Village manager may execute a waiver allowing the use of the well for the permitted purposes upon such terms and conditions that the DEQ identifies.

(5) Public emergencies. A well may be used in the event of a public emergency.

(e) Sources of water supplied for human consumption. Except as provided in subsection (d), water supply for human consumption in the Village shall be delivered only from the Village water system or by the use of bottled water delivered or purchased in containers under conditions approved by the DWRPD or other appropriate agency. For the purposes of this subsection, the term “human consumption” means use in food or drink intended for human ingestion, use in food preparation or food service, use in the interior of a dwelling or dwelling unit for household purposes, and use in any building for personal washing or irrigation.

(f) Wells affecting contaminated groundwater. No well may be used or installed at any place in the Village if the use of the well will have the effect of causing the migration of contaminated groundwater or a contaminated groundwater plume to previously unimpacted groundwater, or adversely impacting any groundwater treatment system, unless the well is part of an DEQ or United States Environmental Protection Agency approved groundwater monitoring or remediation system.

(g) Non-conforming wells. Any existing well, the use of which is prohibited by subsection (b), shall be allowed to continue to operate subject to the following conditions:
(1) Until such time as there is a known adverse impact on ground water movement;
(2) The water from the well is determined to be contaminated and/or not fit for human consumption. The homeowner/property owner shall be responsible for having their well and the water inspected yearly, commencing one (1) year from the passage of this Ordinance. All inspections shall be filed with the Clerk for the Village of Bear Lake.
(3) The well is abandoned and/or unused for a period of twelve (12) months or longer; and
(4) The well requires any improvements in the aggregate over an amount of Five Hundred and no/100 ($500.00) Dollars in any six (6) month period of time. A permit to continue operating the well shall be required by the Village of Bear Lake. Any non-confirming well may not be enlarged or expanded. Any non-conforming wells failing to meet the exceptions listed herein shall be plugged or abandoned in conformance with all applicable laws, rules, regulations, permit and license requirements, and orders and directives of any governmental entity or agency of competent jurisdiction, or, in the absence of an applicable law, rule, regulation, requirement, order, or directive, in conformance with the protocol developed consistent with the American Standards for Testing and Materials standard #D5299-92.

(h) Enforcement. The Village shall be responsible for the enforcement of this section.
(i) Penalty, permit denial, remedies.
(1) Misdemeanor. Any violation of this section shall be a misdemeanor punishable by a fine not to exceed $500.00 and costs of prosecution or by imprisonment in the county jail for not to exceed 90 days, or by both such fine and imprisonment in the discretion of the court. Each act of violation and each day upon which such violation shall occur or shall continue shall constitute a separate offense.
(2) Building or improvement permit. No permit for building, alteration, or other required permit for a premises or improvement thereon shall be issued by the Village for any premises found in violation of this section, or where it is proposed to install or use a well in violation of this section.
(3) Injunctive relief. The Village may further enforce this section by action seeking injunctive relief. Any well in violation of this section shall be deemed a nuisance subject to abatement.

(j) Miscellaneous.
(1) Severability. If any subsection, sentence, clause, phrase, or portion of this section is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this section. The Village shall promptly notify the DEQ upon the occurrence of any event described in this paragraph. Secs. ____________. – Reserved.