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August 7, 2018: Village of Bear Lake Referendum Vote Proposal 2

On August 7, 2018 Village registered voters will see two Proposals on the Ballot called as the result of voters asking for a say on two items passed by the Village of Bear Lake Council. [The threshold is 10%. It is believed @25% of current registered voters signed]

In both Proposals the result will impact the financial position of both Village government and Village tax payers long into the future.

  1. For a full list of Manistee Proposals select the following link august_2018_official_list_of_proposals (1)
  2. VILLAGE OF BEAR LAKE PROPOSAL TO APPROVE ORDINANCE NO. 10 OF 2017
    See prior post by clicking here.
  3. VILLAGE OF BEAR LAKE PROPOSAL TO AUTHORIZE ISSUANCE OF MUNICIPAL SECURITIES
    Shall the Village of Bear Lake, Manistee County, Michigan, be authorized to issue municipal securities pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in one or more series, in an amount of not to exceed Three Hundred Fifty Thousand Dollars ($350,000) for the purpose of acquiring and constructing a new department of public works building, together with site work, parking facilities, fixtures, furnishings, equipment, and all related appurtenances and related work?

The maximum number of years the municipal securities may be outstanding, exclusive of refunding, is thirty (30) years.

The Village intends to use water system revenues, park fund revenues, major and local street fund revenues and general fund moneys as the primary source of revenue to be used to retire the municipal securities. The municipal securities will be limited tax general obligations of the Village and no new taxes will be levied for their payment. The Village estimates that of its current Village millage levy, 0.193 mills (19.3 cents for each $1,000 of taxable value) will be allocated in the first year to pay the municipal securities and the estimated simple average annual amount of millage allocated to retire the municipal securities is estimated to be 0.5019 mills (50.19 cents for each $1,000 of taxable value).

The Village’s power to levy taxes to make the payments of principal and interest on the municipal securities is limited by applicable constitutional and statutory limitations on the taxing power of the Village and no new taxes are authorized to pay the principal of and interest on the municipal securities.


At this stage, being so close to the August 7 Election, the Village is constrained by MICHIGAN CAMPAIGN FINANCE ACT Act 388 of 1976

AN ACT to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts.
(2) “Ballot question” means a question that is submitted or is intended to be submitted to a popular vote at an election whether or not it qualifies for the ballot.
 
169.206 “Expenditure” defined. 
Sec. 6. (1) “Expenditure” means a payment, donation, loan, or promise of payment of money or anything of ascertainable monetary value for goods, materials, services, or facilities in assistance of, or in opposition to, the nomination or election of a candidate, the qualification, passage, or defeat of a ballot question, or the qualification of a new political party. 
Bear Lake News will not render an opinion of how people should vote.
Rather these are the questions being raised by residents themselves.
1. Is the Village of Bear Lake sufficiently financially sound and resilient to shoulder both a 40 year $1.463m loan AND a $350,000 30 year loan to run concurrently?
2. As a qualifier, the requested amortized Bond schedule for the Water System loan not having been published, Bond payments for the Water system will be due twice year totaling $53,000 . The only prior document that explained how water rates would be raised to cover O&M, plus debt repayment is shown here.
The actual water loan interest rate is lower but the amount is higher.
[NOTE: No actual schedule following the May 15, 2018 Bond sale, has been published in spite of numerous requests]
This directly relates to Maintenance Building Bond payments because both will fall due at roughly the same time: March 1 and September 1.
Financing of the water system debt is based on total water revenue – how $7200 can now be also allocated to meet the Maintenance Building repayment is an unanswered question. Will this require raising water rates?
Following a lengthy and persistent FOIA campaign the actual Maintenance Building documents were received on June 30 following a direct appeal to USDA. You may read them here as PDFs
Here is the amortized repayment schedule for the ‘DPW’ Building.

A rough calculation show a total interest payment of @$204,500.
These were posted to the Village web site a week later under a new tab ‘DPW Building.’
A reminder that a Petition to hold a Referendum vote on this matter was submitted and accepted on May 14, 2018 in time to be placed on the August 7 Primary Ballot. [The Village placed a display ad for the Notice to Issue Bonds in the Manistee News Advocate on April 2, 2018.]
A transcript of the history, Minutes and request concerning a replacement Maintenance Building is available here.DPW_History [names have been redacted]
An alternative option exists which could dramatically reduce the interest paid – financing locally and guaranteeing the loan through a Special Assessment levy – the mechanism used by Bear Lake Township to finance its fire vehicles.
This option was suggested in past communications.
A reader has commented that the current fiscal operations in the Village seem to be based on constantly amending the Operating Budget with little effort to rebuild reserve funds – a trend reported by the Michigan Department of Treasury.
While this may be legal – once a loan agreement has been entered into with the federal government – default or late payment is no longer an option.
Headlee Amendment Article IX, Sections 25 to 34 of the Michigan Constitution are often referred to as the “Headlee amendment”.
These provisions, adopted by the voters in 1978, constrain growth in property taxes. The Headlee amendment does the following:
1. Requires that, if the base of a tax is broadened, the tax rate be reduced to levy the same amount of tax revenue as was received on the prior base.
2. Prohibits a local government from levying any new tax (one not authorized by law or charter in 1978) or increasing the rate of a current tax without voter approval.
3. Limits the annual growth in property tax revenue due to increases in taxable value (excluding new construction and improvements) to the rate of inflation in the prior year. Under the “Headlee rollback”, if the increase in taxable value would cause the tax revenue to grow by more than the rate of inflation, then the millage rate must be reduced to a level that results in revenue growth of not more than the rate of inflation. These limits do not apply to millage levied for the repayment of voter-approved bonds.
The Village is currently operating at the allowed property tax level. Water and Park revenues, in addition to the often unreliable level of State Road funds, are the only additional sources of revenue.
Do reserve funds exist to cover unexpected bills, other than the fund required by USDA as part of the Water System loan agreement? Having now received the design and billing documents for the proposed Maintenance Building, several duplicate billable services seem to overlap with those already covered by the Water Project? Does the Village need 2 pickups, 2 blade trucks? What plans are in place for the previous Village Hall?
It has been stated that these projects are vital to making this community flourish and thereby improve the future for our children. Why then are so many businesses currently for sale?
Village voters will approve or decline to take on this level of debt. Our children and their children will still be paying for the decision made on August 7, 2018.
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August 7, 2018 Village of Bear Lake Referendum Vote Proposals

On August 7, 2018 Village registered voters will see two Proposals on the Ballot called as the result of voters asking for a say on two items passed by the Village of Bear Lake Council. [The threshold is 10%. It is believed @25% of current registered voters signed]

In both Proposals the result will impact the financial position of both Village government and Village tax payers.

  1. For a full list of Manistee Proposals select the following link august_2018_official_list_of_proposals (1)
  2. VILLAGE OF BEAR LAKE PROPOSAL TO APPROVE ORDINANCE NO. 10 OF 2017
    Shall Ordinance No. 10 of 2017, which provides for the appointment of the village clerk and village treasurer, and which was enacted by the Bear Lake Village Council October 18, 2017, be approved and take effect?
  3. VILLAGE OF BEAR LAKE PROPOSAL TO AUTHORIZE ISSUANCE OF MUNICIPAL SECURITIES
    Shall the Village of Bear Lake, Manistee County, Michigan, be authorized to issue municipal securities pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in one or more series, in an amount of not to exceed Three Hundred Fifty Thousand Dollars ($350,000) for the purpose of acquiring and constructing a new department of public works building, together with site work, parking facilities, fixtures, furnishings, equipment, and all related appurtenances and related work? The maximum number of years the municipal securities may be outstanding, exclusive of refunding, is thirty (30) years. The Village intends to use water system revenues, park fund revenues, major and local street fund revenues and general fund moneys as the primary source of revenue to be used to retire the municipal securities. The municipal securities will be limited tax general obligations of the Village and no new taxes will be levied for their payment. The Village estimates that of its current Village millage levy, 0.193 mills (19.3 cents for each $1,000 of taxable value) will be allocated in the first year to pay the municipal securities and the estimated simple average annual amount of millage allocated to retire the municipal securities is estimated to be 0.5019 mills (50.19 cents for each $1,000 of taxable value). The Village’s power to levy taxes to make the payments of principal and interest on the municipal securities is limited by applicable constitutional and statutory limitations on the taxing power of the Village and no new taxes are authorized to pay the principal of and interest on the municipal securities.

At this stage, being so close to the August 7 Election, the Village is constrained by MICHIGAN CAMPAIGN FINANCE ACT Act 388 of 1976

AN ACT to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts.
(2) “Ballot question” means a question that is submitted or is intended to be submitted to a popular vote at an election whether or not it qualifies for the ballot.
 
169.206 “Expenditure” defined. 
Sec. 6. (1) “Expenditure” means a payment, donation, loan, or promise of payment of money or anything of ascertainable monetary value for goods, materials, services, or facilities in assistance of, or in opposition to, the nomination or election of a candidate, the qualification, passage, or defeat of a ballot question, or the qualification of a new political party. 
Although the Act was qualified by the O’Meara 2016 opinion the following still applies:
• Public facilities and resources can be used for public forums and public education on candidate elections and ballot questions provided the public resources are not used to influence the outcome of the election and views of all candidates and views of both supporters and opponents of a ballot question are treated equally. 
PENALTIES
A person who knowingly violates this section is guilty of a misdemeanor punishable, if the person is an individual, by a fine of not more than $1,000.00 or imprisonment for not more than 1 year, or both, or if the person is not an individual, by one of the following, whichever is greater:
(a.) A fine of not more than $20,000.00 or
(b.) A fine equal to the amount of the improper contribution or expenditure.

In this Part One of Two we will look at Proposal One.
For a previous discussion of this item see this posting:
https://bearlakemichigan49614.com/2017/11/30/village-clerk-treasurer-appointment-ordinance-ordinance-no-1-of-2017/

Village tax payers have asked for a chance to vote on a decision that permanently takes away their right to vote to Elect or Recall these two positions.

As the notice of the Ordinance, passed October 18, 2017 was only published once in the News Advocate and is nowhere on the Village web site, Village tax payers have now had adequate time to consider this change.

Pros
The rationale for proposing this change in Village Government is the stated belief by the current Council that someone elected to these positions may not have the necessary administration or financial management skills to properly do the job. In addition, as the electorate could choose a different candidate every two years, this could result in disjointed institutional records.

Cons

  1. These 2 positions currently account for almost 1/3 of all collected property taxes. The Village has already contracted with a CPA to ostensibly ‘assist’ with financial reporting.
    BY FOIA the following 2017 W3 return was received:
    16052018 PDF
    In viewing the current remuneration for these two positions it is difficult to see where changing the nature from elected to appointed would save any money.
  2. Under this Ordinance neither appointees would be required to be village residents. 
  3. If there is concern that an elected Clerk or Treasurer, (neither are voting positions), may not possess sufficient skills to perform the duties – the same standard should be applied to elected Village Council positions that do have voting/financial decision making privileges.
  4. An appointed Clerk and Treasurer would serve at the pleasure of the Council, opening the appearance of political/personal favor or leaving the appointee open to political/personal interference. 
  5. Yet to be resolved are multiple employment and human resources questions. Would they be employees or contractors
  6. Will these be ‘at will’ positions? Meaning that they could be dismissed without cause. Equally an employee could resign at any time.
  7. As the Ordinance states, these will be two year appointed positions, a new person could be, in theory, be appointed every two years – invalidating the rationale of the desire for continuity.
  8. Changing the position affects withholding and benefits and becomes subject to all labor and fair employment laws.
  9. A comprehensive Job Description, hours of performance, manner of posting and interviewing candidates, insurance and Bonding costs has not been presented.
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July 11, 2018. 7 PM. Two Lakes Sewer Authority Meeting

A notice has been received that the next Two Lakes Sewer Authority meeting will be held at 7 PM at Bear Lake Township Hall (corner of US31 and Virginia Street in Bear Lake)

A request has been sent under the Michigan Freedom of Information Act for an Agenda and any documents to be discussed.

NOTE: Virginia Street is under construction due to water system work.

We have received Minutes from the June 20, 2018 Village Council meeting.Drafted Minutes June 20 2018

Note that the Agenda for this meeting was received too late for actual public notice.

On June 20 the following was posted at onekama.info/township:

NOTICE:  Pleasanton Township is holding a meeting regarding the sewer district boundaries on Wednesday, June 20, 2018 at 6 pm at the Pleasanton Twp. Hall. [see below for posted date]

Here are the June 6, 2018 TLSA Minutes:

Two Lake Sewer Collaborative Authority Minutes Regular Meeting Wednesday, June 6, 2018

Regular scheduled meeting called to order at 7:00 p.m. by Chairperson David Meister.
Pledge of Allegiance Members Present: David Meister, Jeff Harthun, Judy Girven, Jeff Bair, Brian Sousa, Eric Williams, and Shelli Johnson.
Amend Agenda -Add Wade Trim Agreement to New Business
Public Comment: Public comment received regarding websites, communication, postings, grant approval and amount, bank account establishment, and project schedule. Williams explained to those in attendance about the process of the TLSA, development, public input with respective Township/Village Boards, map development process, and boundaries.
Meeting Minutes: Motion by Harthun to approve the May 2, 2018 Regular Meeting Minutes, Second by Girven. M/C
New Business: Wade Trim Agreement: The Motion to approve the Preliminary Engineering Report in May is valid with the Alternate Representative making the motion. Motion by Girven, Second by Bair to accept the Wade Trim Sewer System Preliminary Engineering Report for the TLSA. Roll Call Vote: Girven – Yes, Bair – Yes, Harthun – Yes, Meister – Yes. M/C
Meeting Conduct: Williams will send Johnson samples of meeting conduct guidelines. This will be placed on the July Agenda.
Communication RFP: Establishing communication and information availability to the public, between the four municipalities, is in progress. RFP will be sent out to companies and the Authority will review results and act on. In the meantime, the Onekama Township website should be used as a reference for information. www.onekama.info, Township tab, and Two Lake Sewer Collaborative Authority tab on the bottom of the page.
Jurisdictions Next Steps: Sousa reported that he will be meeting with each municipality to review the maps. They currently reflect all properties with lake frontage. Dates are set with Pleasanton Township, Bear Lake Village, and Bear Lake Township. These meetings are open to the public. Onekama Township has had previous sewer district boundaries established. The meeting for them has not been set yet. Sousa explained that the more users being serviced in the system the better, from a cost standpoint and also a flow rate standpoint.
Key Q & A: Johnson will post a list of Key Q & A onto Onekama Township’s website for review.
Additional questions received: • Future line access charge • Hook-up charge • Wetland areas within boundaries • Per parcel charge or per hook-up charge • Public Access/Road Ends • Timeframe
Public Comment: None
Next Meeting Scheduled for July 11, 2018. 7:00 P.M. @ Bear Lake Twp. Hall Meeting Adjourned 8:11 P.M.
***********

Attached to the Village of Bear Lake DRAFT June 20 Minutes was the following:

Two Lakes Sewer Authority
Estimated Project Schedule

Planning Phase

Milestone                                                         Approximate Date
Begin preparing funding application         June 1, 2018
TLSA June Meeting                                        June 6, 2018

Presentations to assist in determining service boundary
Pleasanton Twp presentation                     June 14, 2018
Bear Lake Twp presentation                               June 19, 2018
Bear Lake Village presentation                   June 20, 2018
Onekama Twp presentation TBD
Complete service boundary for application   August 2018
Complete and submit financing application to USDA – October 2018
Receive response from USDA on financing application  – January 2019

Design & Construction Phase
Milestone                                                                       Approximate Date
Determination to pursue / design begins                April 2019
Finalize design/USDA submittal items/permits     December 2019
Open bids                                                                       March 2020
Start construction                                                         May 2020

Thus far no Operating Budget for the Two Lakes Sewer Authority has been made public.

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Village of Bear Lake – Water System updates

A number of subscribers have been asking where to find up to date information on the daily work schedules for the Village of Bear Lake water system construction progress.

The Village web site has minimal information. http://www.bearlakemichigan.org/

ATTENTION BEAR LAKE VILLAGE RESIDENTS…

STREET WORK FOR THE
WATER WELL PROJECT
 IS BEGINNING!

On Friday, June 8, asphalt grinding will start on the following streets listed below.

Virginia Street
Cody Street
Euclid Street
Locust Street

 
They will bury the pipe on Monday, June 11.  
Except work on the above streets for the next month.  No weekend work.
 
Sorry for any inconvenience.


As it has become increasingly difficult to navigate with multiple construction sites on multiple streets, Bear Lake News offered to publish a point of contact. We were told not to contact the Project Manager and directed to forward all questions to the Village President. No information is available for the Construction Site Manager.

However – the awarded contracts specify the hours a resident can be impeded from accessing or being able to leave their property.

On Saturday the following Notice was taped to the Bear Lake Post Office window. [Click on the image to view a full size version]

We do not know who posted this notice but on Thursday the revised State of Michigan Lead/Copper Rule went into effect.

Additional notices were apparently placed at the Bear Lake Post Office alerting property owners that workers may be asking to enter their property to assess plumbing and install water meters. No notice is currently available at http://www.bearlakemichigan.org/progress-for-water-well-project-in-the-villlage.html but the Bid Packages are referenced there.

It is unclear if the Village now intends to take ownership of, and commence replacement of, older ‘lead’ [pronounced leed] lines – i.e the line from the mains water that enters a home or business – as part of the water system upgrade.

A review of the past lead/copper rule can be seen here.

In 2015 the Village had a 14.5 ppb lead assessment as part of the MDEQ mandatory water testing for a public supply. This was adjudged to be an averaging out of a high (24ppb) sample from 5 taken at Village homes. The cause was older lines and fittings.

Which explains why the current Notice is posted as the disturbance of lead in older lines and seals can occur during construction.

It is to be hoped that a more in depth notice, time table and contact numbers will be mailed to each Village property owner as many do not get their mail directly at the Post Office.

It should also be possible for Village water customers to request a lead testing kit if they are unsure of the condition of their lead lines, seals and domestic fittings.

Although the incident occurred in 2015, the Village is not required to test for lead again until this year [3 year cycle]

Problematic for older homes is the preferred sampling method which calls for running water to simulate ‘normal’ use before catching a sample.

Many people do not run their water for the recommended time first thing in the morning.

Now is the time to get your water tested and check all fixtures for the Safe Drinking Water Act ‘Lead Free’ label.

If you need to contact any Village official for information the following information is listed by Manistee County:

Village Offices:P.O. Box 175 Bear Lake, MI 49614
TELEPHONE 231-970-2066
Fax: 231-864-4300

Jeffrey Bair. President 231-970-2066 jeffbair4@gmail.com

Cindi McPherson Clerk 231-970-2066 bearlakeclerk@gmail.com

Sally King Treasurer 231-970-2066 bearlaketreasurer@gmail.com

Jacqueline Johnson Trustee 231-864-5030

Greg McPherson Trustee 231-970-2066

Ron Ronning Trustee 231-864-3656

[Note 2 Trustees were replaced mid term and their replacement’s contact information is not available for Andrea Ware or Marla Evans]

As previously noted the Village has not, to date, published an updated Water Ordinance. Bear Lake News has requested a current draft.

Village of Bear Lake: May 16, 2018 Meeting documents.

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

NOTE: We do not edit documents received but post ‘as-is’

AGENDA Village of Bear Lake Council Meeting May 16, 2018
7 p.m. – Village Office

CALL TO ORDER and PLEDGE OF ALLEGIANCE
ROLL CALL ADOPTION of AGENDA
• Additions
PUBLIC COMMENT: Any agenda item ONLY (two (2)-minute maximum)

Note: Members of the public will speak only when recognized by the chair person.
CORRESPONDENCE:

REPORTS/DISCUSSION
MINUTES APPROVAL:
• April 18, 2018 Regular monthly meeting see the DRAFT Minutes here.
• May 15, 2018 Special Meeting

Village of Bear Lake Council SPECIAL MEETING
DPW Building Water Well System
May 14, 2018 7PM
Bear Lake Village Hall
Unapproved Minutes

The Special Meeting Meeting on the DPW Building and Water Well System of the Bear Lake Village Council was called to order by President Jeff Bair at 5:01 p.m. at the Village Hall. Pledge of Allegiance was said.
Present: President: Jeff Bair Council: Peggy Bass, Marla Evans, Ron Ronning & Andrea Ware
Treasurer: Sally King, Clerk: Cindi McPherson, Staff: Jared Bair
Absent: Jackie Johnson, Greg McPherson & Larry Gibson
Guests: Two (2) guests
Public Comment:
 None
Motion to Accept the resolution authorizing village proposal to authorize issurance of
municipal securties by Ronning and seconded by Evans, motion carried.
Ayes: Bass, Evans, Ronning, Ware, Bair
Nays: none
Absent: Johnson, McPherson
Motion to authorize the village president and the village clerk to sign any documents
necessary to close the USDA water project by Evans and seconded by Ronning, motion
carried.
Ayes: Bass, Evans, Ronning, Ware, Bair
Nays: none
Absent: Johnson, McPherson
Motion to authorize the village president and the village clerk to sign the construction
contracts on behalf of the village by Evans and seconded by Ronning, motion carried.
Ayes: Bass, Evans, Ronning, Ware, Bair
Nays: none
Absent: Johnson, McPherson
Public Comment:
 Guest questioned repayment of water system. [the Guest questioned the repayment of the DPW Bond payment]
Meeting adjourned at 5:08pm.

Respectfully Submitted,
Cindi McPherson, Clerk

VILLAGE MAINTENANCE REPORT:
TREASURER’S REPORT:


• Acceptance of Treasurer’s Report
• Amendments:
BILLS to be PAID:
REIMBURSEMENTS to the GENERAL FUND:
COMMITTEE CHAIR REPORTS:
PARK:
• Park Manager Report
• Sign
• Kayak/Canoe Project
STREETS, TREES, SIGNS, LIGHTS, SIDEWALKS:
WATER:
• Water Well update
• Water Ordinance update – Jeff & Marla
• Verbiage for new water invoices – Sally
• Maintenance Building update
BLIGHT/CABA:
• CABA :
• Blight Enforcement Officer report:
COUNTY COMMISSIONER REPORT:
MANISTEE COUNTY TRAIL COMMITTEE REPORT: Meeting cancelled
BEAR LAKE IMPROVEMENT BOARD REPORT: No report, meeting on May 17
TWO LAKES SEWER REPORT: Jeff
PLANNING COMMISSION REPORT:
• Redevelopment Ready Community
AD HOC COMMITTEE: Policy, Resolution & Ordinance Committee – Clerk McPherson

OLD BUSINESS:
• Community Clean-Up Day – update
NEW BUSINESS:

• Bear Lake Hardware payment of invoices – treasurer
• Flag banners
• Audit
• Ratify resolution – treasurer to sign
• Resolution for Millage Rate

RESOLUTION TO ADOPT FISCAL YEAR 2017-2018 BUDGET AND LEVIED MILLAGE RATE RESOLUTION NO. 2018 – __
MAY 16, 2018

WHEREAS the Village of Bear Lake has a fiscal year that begins March 1, and;
WHERESAS the Village of Bear Lake maintains three (3) major accounts, General Fund, Major and Minor
Street Funds, all receiving state revenue sharing, with the General Fund receiving a millage and;
WHEREAS the Village held a budget hearing on February 21, 2018 with six (6) members of the council present and;
WHEREAS the Village council, at a special meeting on February 21, 2017 and by roll call vote, passed the budget for the 2018-2019 fiscal year with the millage rate of 10.3108;
WHEREAS on May 16, 2018 the Village of Bear Lake Council amended the millage rate to be 10.3108;
THEREFORE let it be said that the budget was set for the Village of Bear Village with expectations of maintaining the village as it should be maintained.• Garlic Mustard – Rebecca Coteskey

PUBLIC COMMENT: General Time – Any Village-related item (two (2)-minute maximum) Note: Members
of the public will speak only when recognized by the chair person.
Items on agenda or not listed
UPCOMING EVENTS and ANNOUCEMENTS:

ADJOURNMENT


Village of Bear Lake Public Hearing Wednesday March 28, 2018 7pm.

At 9.04 am on Wednesday March 21, 2018, Bear Lake News received the following:

“The Village of Bear Lake has postponed their regular council meeting scheduled for today, March 21 at 7pm to Wednesday, March 28, 2018.

There will be a Public Hearing on the Kayak/Canoe Launch at 7pm, the regular March 2018 monthly meeting will follow.

Cindi McPherson, Clerk”

Bear Lake News elected to wait for the notice to appear on bearlakemichigan.org, the Village web site to publish here. It did so at 4pm. The Notice was placed at the Hall and Post Office the following day.

On March 23, 2018 a corrected notice was posted at all locations:

There is no information at http://www.bearlakemichigan.org/kayakcanoe-launch–fish-pier.html other than the prior notice from 2017.

Bear Lake News has received no further information about how the new proposal may have changed. Here is the schematic from March 2017.

Kayak Canoe Fishing Pier Grant Agreement March 2017 revised

The relevant sections for Village residents from the 2017 agreement are as follows:

[The Village is the applicant for a Michigan Natural Resources Trust Fund Grant
(the “Trust Fund Grant”) (Grant No. TF17-0168), entitled “Hopkins Park
Development” in the amount of $295,100 for the purpose of developing the
following amenities within Hopkins Park: (1) a universally accessible
canoe/kayak launch, (2) a fishing pier, (3) restrooms, (4) parking facilities in
compliance with the Americans with Disabilities Act, and (5) other amenities (the “Park Project”).

Matching Funds. Each party shall be responsible for paying FIFTY PERCENT
(50%) of the Trust Fund Grant matching funds requirement. Currently, the
matching funds requirement is $98,366.00, with each party contributing
$49,200.00. Each party may contribute its matching funds requirement by cash
and/or in-kind contributions that comply with all requirements of the Trust Fund Grant regulations. In the event third parties make contributions toward the matching funds requirement, then all such contributions shall be allocated
equally between the parties.

Park Project Construction and Oversight.
The Village in conjunction with its engineering consultants shall be responsible for the development of the bid specifications for the Park Project. Once construction bids are opened the Village shall send the Township a copy of all the bids. The parties hereby agree that they will negotiate in good faith to approve the best construction bid and costs for the Park Project. Any such agreement shall be in writing and approved by the legislative body of each party. Following the approval of the construction bid and costs by the parties, the Village shall formally the award the construction contract for the Park Project to the successful bidder. The Village shall be responsible for the oversight and administration of the Park Project construction in compliance with the terms of the Trust Fund Grant funding requirements.

  1. Excess Park Project Costs. In the event that the total costs for the Park Project exceed the sum of (1) the amount of money actually covered by the Trust Fund Grant, (2) any matching funds, and (3) any financial contributions to the Park Project from third parties, then the parties hereby agree that they shall contribute equally to pay any such excess costs.

  2. Park Project Maintenance. After construction of the Park Project the Village shall be responsible for the actual maintenance and repair of the Park Project. The Village shall be financially responsible for ONE HUNDRED PERCENT (100%) of the maintenance and repair costs for the fishing pier. The Township shall pay to the Village ONE HUNDRED PERCENT (100%) of the maintenance and repair costs for the canoe/kayak launch and shall pay to the Village FIFTY PERCENT (50%) of the maintenance and repair costs for the restrooms and parking facilities. The Village shall annually, on the date mutually agreeable to the parties, send the Township a written, itemized statement of the actual costs incurred by the Village in the preceding year for the maintenance and repair costs for the canoe/kayak launch, restrooms and parking facilities. The Township shall pay the Village for its share of these costs within forty-five (45) days of the date of the written statement.]

IF an updated project narrative is received we will publish here.

It should be noted that as of December 2017 the stated Park Income was:

Written comments may be submitted at the public hearing or may be sent before the public hearing to the Bear Lake Village Clerk at the above address (P.O. Box 175) or to the Bear Lake Township Clerk at 7771 Lake Street, P.O. Box 187, Bear Lake, MI 49614. and The village clerk can be emailed at bearlakeclerk@gmail.com 

Monday, February 19, 2018, 2:00 pm Opening of Village of Bear Lake Sealed Bids

VILLAGE OF BEAR LAKE WATER SYSTEM IMPROVEMENTS PROJECT

Sealed Bids for the construction of the Village of Bear Lake Water System Improvements Project will be received, by the Village of Bear Lake, at the Village Office located at 12376 Virginia Street, Bear Lake, MI 49614 until 2:00 pm local time on Monday, February 19, 2018, at which time the Bids received will be publicly opened and read.

[Reminder: ​Conference Call-In number- 1.302.202.1107, Conference code 149002.  Note:  a charge from your phone carrier could apply.] NOTE: The telephone conference line was not activated.

The Village of Bear Lake Water System Improvement Project consists of replacement of watermain in several areas throughout the Village, fire hydrant replacements, valve replacements, installation of water meter equipment for all Village water customers, Installation of two new wells and a new well house, and abandonment of two existing wells. The project involves two separate contracts as follows:

Contract 1 – Distribution System

Consists of installation of 6,700 lft of 8” watermain, installation of 5,400 lft of 8” watermain installed via directional drill method, installation of hydrants, valve, water services, connections to existing watermains, abandonment of existing watermains, pavement restoration, surface restoration, and all related work. Also included in this contract is the installation of water meters for all Village water customers; provide, install, and initiate operation of remote meter reading system and associated monitoring software/network, and all related work.

Contract 2 – Wells and Well House

Consists of drilling two new Type I wells, constructing a new well house, new chemical feed system, and the abandonment of two existing wells and associated well houses, and all related work.

January and Upcoming 2018 Village Council Meetings

The following is posted at http://www.bearlakemichigan.org

Special Meeting Notices

2018-2019 Budget Work Section
The Bear Lake Village Council will be meeting on Wednesday, February 7, 2018
at 7pm to discuss the 2018-2019 Budget.
The meeting will take place at the Village Office, 12376 Virginia Street, Bear Lake.
Persons with disabilities needing accommodations for effective participation in the public hearing/public meeting  should contact the Bear Lake Village Clerk at 231.970.2066 or at the above address one week in advance to request mobility, visual, hearing, or other assistance. 

NOTICE OF BUDGET PUBLIC HEARING
Village Budget 2018-2019
The Village of Bear Lake Village Council will be holding a public hearing to approve the budget for 2018-19 fiscal year on February 21, 2018 at 7pm  at the Bear Lake Village Hall, 12376 Virginia Street.  The regular monthly council meeting will immediately follow.
THE PROPERTY TAX MILLAGE RATE IS 10.3108 TO BE LEVIED. 
A copy of the proposed budget will be available for public inspection after February 12, 2018  at the Village of Bear Lake office, 12376 Virginia Street during regular business hours; Tuesday – Thursday, 1pm -3pm.

Persons with disabilities needing accommodations for effective participation in the public hearing/public meeting should contact the Bear Lake Village Clerk at 231.970.2066 or at the above address one week in advance to request mobility, visual, hearing, or other assistance.

The following Draft Minutes were received today:

A member of the public provided this additional partial recording of the January Meeting:

Unapproved Minutes January 17, 2018 (PDF)

Village of Bear Lake Council
REGULAR MEETING January 17, 2018
Bear Lake Village Hall

Unapproved Minutes

The regular meeting of the Bear Lake Village Council was called to order by President Jeff Bair at 7:00 p.m. at the Village Hall. Pledge of Allegiance was said.

Present: President: Jeff Bair Council: Peggy Bass, Marla Evans, Greg McPherson, Ron Ronning & Andrea Ware

Treasurer: Sally King, Clerk: Cindi McPherson, Staff: Jared Bair and Larry Gibson

Absent: Jackie Johnson

Guests: Two (2) guests

Motion to Adopt the Agenda with additions by Evans and seconded by McPherson, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair. Nays: none. Absent: Johnson

Additions: Old Business – Grants; New Business: ETO & Cash In-Lieu Policy and Building door; Follow-up – add Gary McBride

Public Comment:

  • Guest questioned councilman McPherson regarding where the unapproved October 2017 minutes were for Two Lake Sewer Meeting on January 4, 2018 as he did not attend the meeting. (McPherson is secretary this the group.)

Correspondence: Read by clerk:

  • Clerk reported on resident complaint on snow plow damage to their personal basketball hoop located along the street in front of their house. Clerk presented pictures. Council recommended the home owner to try and claim it on their home owner’s insurance before the village sends it to their insurance company. Clerk will contact the home owner.

REPORTS:

Variety Store update: President Bair reported building is gone, hole is filled in and lot will be seeded in Spring. Large equipment may stay there until Spring.

Motion to accept the minutes from December 13, 2017 regular monthly meeting with correction by Ronning, seconded by Evans. Motion Carried.

Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
Nay: None.Absent: Johnson

McPherson name to be stricken from Motion to pay bill for $10.49 etc..

Maintenance Manger should read Manager.

  • Maintenance Report: Verbal report was given by Jared Bair.
  • Treasurer’s Report: Reviewed by King. Written report on file in the January 2018 minutes binder.
    • Amendments to Budget 2017-2018
  • General checking/savings total 48,889.52
    Water checking only 40,903.99
    Money Market Checking 10,077.80
    Park checking/savings total 10,626.61
    Park CD#2 33,102.67
    Major Street checking/savings total 31,057.82
    Minor Street checking/savings total 9,610.50
    Equipment Fund checking/savings total 3,054.88
    Honor Bank CD 1,029.93

    Motion to accept the Treasurer’s Report as read by McPherson seconded by Bass, motion carried.
    Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
    Nay: none Absent: Johnson

    A motion was made to approve amendments as listed below to the 2017-2018 budget by McPherson, seconded by Bass. Motion carried. Aye: Bass, Evans, McPherson, Ronning, Ware, Bair. Nays: None
    Absent: Johnson

    Amendments:
    General Increase Payroll Expenses $200
    Increase PC Wages $135
    Increase Village Board & President Wages $368.67
    Increase Blight Enforcement $391.64
    Increase Repairs & Maintenance $500
    Increase Office Supplies $7.75
    $4,003.06 from Treasurer Salary to cover
    Water
    Increase Utilities $1500
    Increase Postage $98
    Increase Print & Publishing $134.87
    $1,732.87 from Interest Expense

    Park
    Increase Repairs & Maintenance $1,054.43
    Increase Professional Service $433.50
    $1,487.93 from DPW Build Repayment

    Major
    Increase Repair Outsource $1,000
    Increase Repairs & Maint – Winter $500
    $1,500 from Wages

    Minor
    Increased Repairs (Outsourced) $1,000
    Increase Repairs & Maint-Winter $600
    Increase Repair & Maint – Summer $45.93
    Increase Equipment Rental $2,100
    $3,000 from DPW Building
    $700 from Gas & Oil

    • Wages to General Fund: $3,658.93
    • Equipment Rental to General Fund: $6,220.96
    • Earned Time Off Employee Policy amended to add Cash In-Lieu
    • Motion to amend the Earned Time Off Policy for Employees to add Cash In-Lieu by McPherson, seconded by Ronning. Motion carried.
      employee-eto-policy-Jan-2018 PDF

      A motion was made to make amendment in Major Street Fund to move $5690 out of Accumulated Fund Balance to checking account by Evans seconded by Ronning. Motion carried.

      Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
      Nays: None. Absent: Johnson

      Bills to be paid presented by Treasurer. List on file in January 2018 minutes folder.
      [See prior posting at https://bearlakemichigan49614.com/2018/01/18/village-of-bear-lake-january-17-2017-meeting/ ]

    • Motion to pay the bills by Bass, seconded by McPherson. Motion carried. Aye: Bass, Evans, McPherson, Ronning, Ware, Bair. Nay: none. Absent: Johnson

      Reimbursements to the General Fund were read by President Bair.

      Committee Chair Reports:
      Park:

      • Park Report verbal report by Park Manager. Three checks have been received for seasonal campers. o Ken Mlcek from Fleis & VanderBrink said the Water/Well project is advertised & posted on various websites. January 31, 2018 there will be a pre-bid meeting at Bear Lake Village Office at 2pm. February 19, 2018 bids open to the public at 2pm also at the Bear Village Office.
      • Water Ordinance is tabled until February, appointed committee of Bair, Johnson & Evans have reviewed for language use, village attorney is now reviewing it.

      A follow up was asked by McPherson on the $700.00 bad check received from past summer camper, $700 payment was received but NSF of $25 was not received. Camper said she would send balance.

      Streets, Trees, Signs, Lights, Sidewalks: No report

      Water:

      Buildings, Grounds & Equipment:

      • No money has been received from USDA at this time on the DPW building or plow.

      Blight/CABA:

      CABA: No report.

      BLIGHT: Blight Officer verbal report by Gibson, no changes from December meeting report. Gibson reported the Manistee County Magistrate has community service workers to help out for Bear Lake Community Clean-up Day.

      County Commissioner Report: Pauline Jaquish reported on Manistee Housing for Manistee County meeting she attended addressing the need for single family housing & rental housing in Manistee County. Manistee County Sheriff is looking to hire deputies. Pauline will be running again in November 2018 for County Commissioner. The Manistee County Equalization Director is retiring.

      Other: Jaquish asked if Sparkle in the Park could take place in Hopkins Park again in 2018, council approval given. On behalf of Sparkle, Jaquish would also like to accept the donation of the villages old holiday wreaths, council approval given. Also reported that donations were up 30% for 2017 Sparkle event. Snow was an issue for 2017 and Jaquish asked if it was OK to have additional private plow trucks plow when the village is busy @ NO charge to the village. Council consensus, yes.

      Planning Commission: Clerk McPherson read a request from the Planning Commission Committee requesting the Council adjust the Planning Commission Budget for 2018-2019 to $3K, for Bear Lake Village Zoning Ordinance to be written by Rob Carson, Manistee County Planner. Approval was given by the council.

      Manistee County Trail Committee Report: Next meeting is February 12, 2018.

      Bear Lake Improvement Board: McPherson reported they will stay with Restorative Lake Sciences, same terms. Picked meeting dates for 2018. Don Brisbin stepped down as board chairperson and Bob Yates was elected as chairperson. There is an open position for an additional board member.

      Two Lakes Sewer Collaborative: McPherson reported he was unable to attend the January 4, 2018 meeting. Next meeting is February 7, 2018

      Ad Hoc – Policy, Resolution & Ordinance Committee – No report. Still looking for a volunteer student to help out with policy, ordinance & resolution books.

      OLD BUSINESS

      Budget Schedule: Clerk reminded Committee to get any items to them for budget. Clerk shared budget “Wish List” sheets to list items.

      Motion to set 2018-2019 Budget Work Session date for February 7 at 7pm and Budget Approval date February 21, 2018 at 7pm by McPherson, seconded by Ronning. Motion carried.  Aye: Bass, Evans, McPherson, Ronning, Ware, Bair. Nay: none. Absent: Johnson

      Clerk & Treasurer Appointment: Discussion. Held over until February 2018.

      Water Review Board member – no report

      Mass Gathering – Clerk reported she has contacted the Cleon Township clerk but no information at this time.

      Grants : President Bair discussed the many options for available grants. The village missed the Kayak/Canoe Launch grant by 5 points. Bair suggests we apply again in 2018. March 2nd is the deadline for Revenue Sharing Different items discussed for grant applications; beach safety items, lighted warning signs to share with CERT, and Bair will write a grant to outfit new plow truck with blades, lights & sander.

      Park playground equipment would fall under criteria for a grant from the Health Department, Building Healthy Communities for Physical activity. A letter of intent will be sent to the Health Department.

      NEW BUSINESS

    • Earned Time Off Employee Policy amended to add Cash In-Lieu
    • Motion to amend the Earned Time Off Policy for Employees to add Cash In-Lieu by McPherson, seconded by Ronning. Motion carried.
    • Aye: Bass, Evans, McPherson, Ronning, Ware, Bair
      Nay: none.  Absent: Johnson
      {Employee ETO Policy: A copy can be read here Employee ETO Policy Nov 2017 }

    • Door replacement, east side of museum – the museum board would like to replace the door on the east side of the building, museum will pay for replacement door.
  • Follow up on item from October monthly meeting. Water Superintendent – Gary McBride
    Discussion on: Water Superintendent’s responsibilities, education class, training and items the Village will pay for; classes, membership, etc.

    Council approved payment in 2017 Water Superintendent annual salary of $700, denied payment for his hourly rate when he attended education classes the village paid for, village also paid or his membership fees.

    Clerk McPherson and Evans will work on job descriptions for all village elected & appointed positions.

    COUNCIL COMMENT:

    • None

    PUBLIC COMMENT: None

    COMING EVENTS

    • Community dinner at Bear Lake United Methodist Church, Thursday January 18, 2018

    Meeting adjourned at 8:55p.m.

    Respectfully Submitted,

    Cindi McPherson, Clerk

    REIMBURSEMENTS TO THE GENERAL FUND AND EQUIPMENT FUND:

    WAGES NOVEMBER 2017 AMOUNTS

    Water Fund 591-000-702 $1,191.00

    Water-Treas 591-000-702 $350.00

    Park Fund 531-000-702 $85.00

    Major Fund 202-463-702 $892.88

    Minor Fund 203-463-702 $879.88

    TOTAL $3,658.93

    EQUIPMENT RENTAL NOVEMBER 2017 AMOUNTS

    Water Fund 591-558-943 $1,118.73

    Major Fund 202-463-943 $2,814.70

    Minor Fund 203-463-943 $2287.53

    TOTAL $6220.96