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DRAFT Village of Bear Lake Water Ordinance

As the Village of Bear Lake has now committed to a $1.43m loan toward construction of 2 new drinking water wells plus extensive construction on the water distribution system (which includes for the first time water meters) – it has been considering changes to the existing Water Ordinances.

  1. https://bearlakemichigan49614.com/ordinances/ordinance-no-2001-01/
  2. https://bearlakemichigan49614.com/ordinances/ordinance-no-2001-2/
  3. https://bearlakemichigan49614.com/ordinances/ordinance-2012-1/
  4. https://bearlakemichigan49614.com/ordinances/ordinance-no-2003-04/
  5. https://bearlakemichigan49614.com/ordinances/ordinance-2015-2-prohibition-of-use-of-groundwater/

This DRAFT was discussed and tabled for the second time at the February 27, 2018 Special Meeting. [A copy has been provided to Bear Lake News by an attendee. A standing FOIA requests copies of such meeting documents prior to all Village of Bear Lake meetings.]

VILLAGE OF BEAR LAKE
WATER ORDINANCE
Ordinance No. __________of 2018
THE VILLAGE OF BEAR LAKE ORDAINS:
ARTICLE I
DEFINITIONS
Section 1 – Definitions: As use in this Ordinance,
Building Pipemeans that part of the owners plumbing system which receives water from the service pipe, beginning at the owner’s property line.
Corporation stopcockmeans a shut-off valve installed in the water main immediately preceding where a service pipe connects to the water main.
Debt Servicemeans the interest and principal payments required to repay monies borrowed to construct the waterworks system.
Meteror Water Metermeans an instrument that automatically measures and registers the quantity of water consumed on a parcel of land served by the waterworks system.
Owner” means the person holding the legal or equitable title to real property or a lesser estate therein, a mortgagee or vendee in possession, an assignee of rents, receiverexecutor, trustee, lessee or any other person, firm or corporation directly or indirectly in control of a building, structure or real property or his duly authorized agent.
Personmeans any individual, firm , trust, partnership, company, association, societycorporation, limited liability company, or other legal entity.
Service Areameans any land in and around the Village which is serviced by the waterworks system.
Service Pipemeans the pipe delivering water from the water main to the building pipe.
‘Tenantmeans a person who leases property from an owner.
Villagemeans the Village of Bear Lake, Michigan.
Village Clerkmeans the Clerk for the Village of Bear Lake.
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“Water Main” means a pipe owned or controlled by the Village located within a street right-of-way or other public easement used to carry water within the waterworks system to the service pipe for delivery to the water customer.
“Water Use Chargemeans the fees billed to all customers attached to the waterworks system for support of the costs of the waterworks system. The water use charges supply funds to cover the costs of operation and maintenance, debt servicereplacement and administrative services.
Waterworks System” means all wells, pumps, facilities, water mains, service pipes, and other equipment owned by or under the jurisdiction of the Village for the collection, storage, purification, and distribution of water.
ARTICLE II
USE OF WATERWORKS REQUIRED
Section 1 – Private Water Wells Prohibited:
Except as hereinafter provided, it shall be unlawful for an owner, occupant, or tenant of property to drill or maintain a private water well within the Village.
Section 2 – Mandatory Connection:
(a). The owner of any house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the Village and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a water main is hereby required at his or her expense to install suitable plumbing facilities therein, in accordance with the plumbing code then in effect and enforced within the Village and to connect such facilities directly with the waterworks system in accordance with the provisions of this Ordinance within ninety (90) days after the owner is required by the Manistee County Public Health Department to replace the water well servicing his or her property.
(b). Said notification and enforcement of this Section shall be in conformity with Article 12, Part 127 of the Public Health Code, being a part of Act 368 of the Public Acts of 1978.
ARTICLE III
CONNECTION TO WATERWORKS SYSTEM
Section 1 – Unlawful Procedure:
It shall be unlawful for any unauthorized person or owner to uncover, excavate, tap into, make connections with or openings into, usealter, or disturb any water main or service pipe or appurtenance thereof in any street,
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lane, or alley within the service area without first obtaining a written permit from the Village as herein provided.
Section 2 Authorization:
All connections with any water main or service pipe in the
service area shall be made only pursuant to written permits issued by the Village. The owner or his agent shall make application on a special form furnished by the Village Clerk. The Village Council may by separate resolution provide for permit and inspection fees which shall be paid to the Village Clerk at the time the application is filed.
Section 3 – Costs:
All costs and expenses incurred as the result of the connection to
the service pipe shall be borne by the owner of the property. The owner shall indemnify the Village from all loss or damage that may be caused by connection to the service pipe.
Section 4 – Plans and Specifications:
(a). All applicants for permits to connect to the waterworks system shall, when required, submit plans indicating where the building pipe will extend from the building receiving water service to where it will connect to the service pipe. The approval of a connection perm it shall be contingent upon the availability of capacity in the waterworks system. When such plans have been approved by the Water Supervisor, the Village Clerk shall issue a waterworks connection permit, subject to final inspection and approval when construction is completed.
(b). Before the issuance of a waterworks connection permit, the Water Supervisor may require the applicant to submit a schedule for the construction of the waterworks connection outlining when various components of the project will be completed. If the Water Supervisor requires such a construction schedule, the
timetables outlined in the schedule shall be maintained as a condition of the continued validity of the permit, unless extensions are granted in writing by the Water Supervisor for good cause shown.
(c). Final approval shall be subject to compliance with the local and state plumbing codes and all orders, rules and regulations of the Manistee County and Michigan Departments of Public Health.
Section 5 – Connection Requirements:
(a). All connections to a water main shall be made with service pipes either installed by employees of the Village Water Department or by a contractor hired by the owner with the written consent of the Water Supervisor. Any service pipe
installed by a contractor authorized under this section shall be laid under the direction and supervision of the Water Supervisor. All work for the purpose of making connections to a water main shall be done in compliance with the rules,
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regulations and codes governing plumbing in the Village and in accordance with the laws of Michigan relative thereto.
(b). The cost of all service pipes three-fourths (3/4″) inch in diameter or less shall be borne by the Village. If an owner desires a service pipe larger than three-fourth (3/4″) inch in diameter, the owner shall pay the Village the difference in actual costs to install the larger service pipe and associated equipment.
(c). A separate and independent service pipe shall be provided for every building receiving water service; provided, however, where water service is intended to supply more than one building under the same ownership and on the same lot, the service pipe to one building may be used to provide water service to the other building(s) and the whole considered as one connection.
(d). The size, slope, alignment, and materials of construction for a service pipe, and the methods to be used in excavating the trench, placing, jointing, and testing the pipe, and backfilling the trench shall all conform to the requirements of this Ordinance and the local and the state plumbing codes.
Section 6 – Cross Connections Prohibited:
The Water Supply Cross-Connection Rules of the Michigan Department of Environmental Quality, being R 325.11401 to R
325.11407 of the Michigan Administrative Code, in effect at the time this Ordinance is enacted are hereby adopted by reference.
Section 7 – Installation of Meters Required:
All new buildings connected to the waterworks system shall be equipped with meters installed inside the building, but capable of being read by employees of the Village Water Department from outside the building. However, where employees of the Village Water Department have been unable to make a meter reading for two consecutive billing periods, the Village shall have the right to access the property under Article IX, Section 3 of this Ordinance to read the meter, or to install a meter capable of being read by employees of the Village Water Department from outside the building and to charge the owner of the property the actual cost incurred in installing the meter. All meters installed shall be purchased from the Village at a cost to be established by resolution of the Village Council.
Section 8 – Connections for Purpose of Fire Prevention:
The owner or occupant of any manufacturing establishment, lumberyard, warehouse, elevator, store, hotel, school, or any public building desiring to install large pipes with hydrant and hose couplings to be used only in case of fire may connect to a water main under the terms and conditions of this Article and after obtaining a permit from the Village Clerk.
Section 9 – Inspection:
When an authorized contractor installs the service pipe under
Section 5(a), the person to whom a waterworks connection permit was issued shall notify the Village Clerk when the service pipe is ready for inspection. In addition, the person to whom a waterworks connection permit was issued shall notify the Village
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Clerk when the installed water meter is ready for inspection. The Water Supervisor shall then inspect the service pipe and/or water meter and if such installations meet the requirements of this Ordinance, the excavation may be backfilled.
Section 10 New Use of Existing Service Pipes:
Existing service pipes may be used in connection with new buildings only when they are found, by the Water Supervisor to
meet all requirements of this Ordinance.
Section 11 – Maintenance:
The owner of property connected to the waterworks system is responsible for the maintenance of the building pipe. The cost of all repairs, maintenance and replacements of existing building pipes and their connection to the service pipes shall be borne by the property owner. Before making any repairs or replacements or conducting any maintenance on the building pipe, the owner shall contact the Water Supervisor. All work performed, including the qualifications of the person performing the work, shall fully comply with the requirements of this Ordinance.
Section 12 – Excavation in Public Streets and Alleys:
(a). Whenever a person desires to do any excavating in any of the streets, lanes or alleys of the service area for the purpose of connecting to the waterworks system, a permit for such excavation shall be obtained from the Village Clerk.
The Village Council may from time to time by separate resolution establish a non-refundable administrative fee for processing the excavation permit. The permit shall be non-transferrable. The person employed to make the connection to the waterworks system shall hold a plumbing license in accordance with state
and local codes. The qualifications of the persons employed to do work shall be verified at the time of application. A person who is authorized to excavate pursuant to the permit shall furnish a bond to the Village in an amount acceptable to the Village Council taking into account the nature and extent of the
excavation and in a form acceptable to the Village Attorney, conditioned on the faithful performance of the requirements of all the Village ordinances relative thereto.
(b). All expenses for work done by the employees of the Village Water Department shall be borne by the person to whom the excavation permit is issued.
Applications for excavations in paved streets shall state the maximum size of the opening to be made in the pavement and the length of time desired to do such work.
Section 13 – Backfill Requirements:
When connections to the waterworks system are made in any street or alley, the earth and other debris excavated for this purpose shall be removed from the street or alley and the trench backfilled with sand or gravel in layers not to exceed eight inches in thickness. Each layer shall be thoroughly and solidly packed in place. The backfill shall be finished to the same grade as the original surface. Where the existing roadway is cindered or graveled, the final eight inches of
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the backfill shall be made with gravel. Where the existing roadway is paved, the person charged with the duty of backfilling shall re-pave the trench to the same grade as the original pavement under the supervision of the Water Supervisor no less than thirty (30) days and no more than sixty (60) days after the backfill is placed. The person charged with the duty of constructing or installing said underground work and backfilling shall be required to make frequent inspections of all trenches for which they are responsible and to maintain the same as herein provided. In case of failure to maintain trenches and backfill in such condition, the Village is authorized by this Ordinance to make the necessary repairs and charge the total cost against the person responsible for the same. For the purpose of the sand or gravel backfill as required herein, the excavated material shall not be used except after securing written permission from the Water Supervisor.
Section 14 – Time Limit on Open Trench:
The person, or owner causing any excavation or trench to be made in any public street or alley in the service area shall be required to backfill and replace the trench as herein provided within a period of three (3) days, after the work of excavating has been started, unless written permission is granted by the Water Supervisor to allow the trench to be open for a longer period of time. In case of the failure to promptly refill any trenches within a period of three (3) days, the Village shall have the right to cause the same to be refilled, and the expense shall be charged against the person, or owner responsible for backfilling.
Section 15 – Barricade Requirements:
Every person digging or causing to be dug any trench in any public street or alley, for the purpose of connecting to the waterworks system shall place or cause to be placed and maintained at and along such trench, proper signals, colored lights and barricades to give warning and prevent accidents, but
in no case shall a trench be dug so as to entirely block any street for travel, without the consent of the Water Supervisor. All barricading shall be done in accordance with the Manistee County Road Commission requirements. In case of the failure to properly barricade or light such excavations or trenches, the Village is authorized to cause the same to be lighted or barricaded and the expense thereof shall be charged against the
person responsible for the opening. It shall not be necessary for the Village to notify the person responsible for such trenches in public streets or alleys, before undertaking any such work which is necessary for the safety and convenience of the public. The
failure on the part of persons installing such trenches to promptly pay all bills incurred by the Village doing such work shall be grounds for refusing to issue further permits for excavations in the streets.
Section 16 – Work on Private Property:
Excavation and backfill for service pipes on private property may be made by the owner. Connections to and installation of service
pipes on private property may be made by the owner; however, no backfill shall be placed until the service pipe has been inspected and approved by the Water Supervisor. All excavation, backfilling, connections and installations shall be made in
accordance with the requirements of this Article.
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Section 17 – Permit Information:
The Village Clerk and the Water Supervisor shall keep records of all permits granted under authority of this Ordinance which shall include the names of the applicant and contractor, the location of the work, the place in the street where the excavation is to be made, and the purpose for which the permit is issued.
Section 18 – Village Water Service Outside Village Limits:
The owner of property located outside the Village limits may connect to the Village waterworks system only if authorized by the Village Council and if permission is granted by the township in which the property is located. No property outside the Village limits has the right to connect to the Village waterworks system even if other nearby property is being serviced by the waterworks system. The Village may, but is not obligated to require property outside the Village limits to either annex to the Village or be subject to an agreement under Act 425 of 1984, as amended, or a similar statute, before connecting to the Village waterworks system.
ARTICLE IV
WATER USE REGULATIONS
Section 1 – Water Use Restrictions:
The owner, occupant, or tenant of any building or premises entitled to the use of water from the waterworks system shall not supply water to any other person except upon written permission of the Village Clerk, nor shall he or she permit unnecessary waste of water.
Section 2 – Conservation During Emergency or Drought: Whenever in the discretion of the Water Supervisor an emergency or drought condition exists such that the public health, safety and general welfare of the people is endangered, the Water Supervisor shall prescribe rules and regulations to conserve the water supply during such emergency or drought condition.
ARTICLE V
EXTENSION OF WATER MAINS
Section 1 – Application:
The owner of any property in the Village may connect to the
waterworks system pursuant to the provisions of this Article contingent upon the availability of capacity in the waterworks system. An owner who desires to connect to the waterworks system shall file an application for water service extension with the Village Clerk and pay a non-refundable fee to be established by resolution of the Village Council. This fee shall be used by the Village to obtain the initial cost estimates to construct the proposed water service extension. This fee shall be applied to the cost of the extension if actually constructed or retained by the Village if the applicant decides to abandon the plan for the extension.
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Section 2 – Water Service Extensions; Options; Standards:
When extending water service to an individual property owner or group of property owners, the Water Supervisor may extend such water service through use of a service pipe connection to an existing water main or through an extension of a water main. In exercising the discretion granted in this section, the Water Supervisor shall consider the following factors:
a. Whether other property in the surrounding area is capable of development in terms of topography, wetlands, and zoning ordinance requirements such that it is reasonable to anticipate that other connections to the waterworks system may be needed in the future.
b. Whether there is other property capable of development in terms of topography, wetlands, and zoning ordinance requirements beyond the property intended to be serviced by the requested water service extension such that it is reasonable to anticipate that an extended water main would be further extended to provide water service to that other property or
further extended to tie into the waterworks system at another location.
c. Whether the distance of the water service extension or the elevated terrain over which the extended water service must travel reasonably requires a water main.
d. Whether there is a need for fire protection through the installation of a fire hydrant in the area to be served by the water service extension.
Section 3 – Village Water Service Outside Village limits:
The owner of property located outside the Village limits may connect to the waterworks system only pursuant to the
requirements of Article III, Section 18 of this Ordinance.
Section 4 – Route of Water Service Extensions:
The route of any water service extension shall be within the rights-of-way of public streets and alleys or within public utility easements granted to and approved by the Village across private property. All excavation and other work performed within the rights-of-way of these public streets and alleys shall comply with the requirements of Article III of this Ordinance.
Section 5 – Cost of Water Service Extensions:
(a). As soon as possible after receiving the water service extension application fee required under Section 1 above, the Water Supervisor shall notify the property owner in writing how the water service extension will be provided and shall provide the property owner with a written estimate of the approximate cost of the water service extension. The property owner shall then have ninety (90) days to inform the Water Supervisor whether he or she desires to proceed with the water service extension and to pay the costs of the water service extension required
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under subsections (b) or (c) below. If the property owner fails to inform the Water Supervisor regarding his or her intent within this ninety (90) day period, this inaction shall be deemed a decision to abandon the plans for a water service extension.
(b). If a water service extension is provided through use of a service pipe connection to an existing water main, the Village shall be responsible for the costs of providing a service pipe no more than sixty-six (66′) feet in length. The property owner requesting the extension shall be responsible for paying all costs of the water service extension beyond sixty-six (66′) feet. The property owner shall not be entitled to reimbursement of any of these costs. A water service extension through use of a service pipe connection to an existing water main shall comply with all requirements of Article III of this Ordinance.
(c). If a water service extension is provided through the extension of a water main, the property owner requesting the extension shall pay to the Village the amount of the estimated costs of the water main extension. Upon receipt of this payment, the Village shall begin and complete the water main extension as requested by the property owner. If the actual cost to extend the water main
exceeds the estimated costs paid, the property owner shall pay the Village the additional costs within thirty (30) days of receiving a written statement specifying those additional costs. If the actual cost to extend the water main is less than the estimated costs paid, the Village shall refund the difference to the property owner within thirty (30) days of the completion of the project. The property owner requesting the extension shall be entitled to reimbursement pursuant to Sections 7 and 8 below of a portion of the actual costs paid in extending the water main.
Section 6 – Special Assessments:
In certain instances the Village, by a majority vote of the entire Village Council, may elect to extend water mains and finance the project by use of a special assessment district. The charge to be assessed each property owner benefitted and served shall be calculated based on a formula as determined by the Village Council. The charge to each benefitted property owner shall be assessed at the time of project completion and shall be paid as specified by the Village. The charge shall bear interest at the rate of seven percent (7%) per annum, compounded annually, accruing from the date of project completion to the date of payment.
Section 7 – Additional Users:
(a). The owners of property located between a water main prior to any extension and the property to be initially serviced by the water main extension (including the property across the street, alley, or public utility easement within which the water main extension is located) may tap into or make use of the extended water main by paying to the Village Clerk a sewer extension fee equal to the proportionate share of the total cost of extending the water main plus any interest provided in
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subsection (b) below. For purposes of this section, the proportionate share of the cost of extending the water main shall be calculated pursuant to the following formula:
[Actual Cost Paid Under § 5(c) .;- (Total Street Frontage of Other Property Capable of Development and Connection to the Extended Water Main*)] x
(Total Street Frontage of Parcel Connecting to the Extended Water Main)
* A property is deemed capable of development and connection to the extended water main if that property is capable of development in terms of topography, wetlands, and zoning ordinance requirements such that it is reasonable to anticipate that connections to the extended water main may be made in the future.
(b). The proportionate share of the cost of extending the water main shall be increased by seven (7%) percent per annum (compounded annually) commencing one (1) year after the actual cost paid under Section 5(c) above by the property owner who initially requested the water main extension; provided, however, that this increase shall not extend for a period of more than five (5) years.
Section 8 – Reimbursement to Original Property Owner:
Upon receipt of any payment under Section 7(a) above, the Village Clerk shall pay that amount forthwith to the property owner who paid the initial actual costs of the water main extension pursuant to Section 5(c) above. If the property owner who paid the initial costs of the water main extension is deceased, the payments received shall be paid to his or her personal representative or to other persons who by law would be entitled to inherit his or her estate as may be determined by a court of competent jurisdiction. If the property owner who paid the initial costs of the water main extension cannot be found, or if no claim is made for reimbursement for a period of one (1) year from the date that payments under Section 7(a) have been received by the Village Clerk, the reimbursement under this
section shall be deemed to have been waived and all monies so received shall be turned over and become a part of the Village water fund.
ARTICLE VI
CHARGES FOR WATER SERVICES
Section 1 – Public Utility:
(a). The operation and maintenance of the waterworks system shall be on a public utility basis in accordance with applicable federal regulations and the provisions of Act 94, Public Acts of Michigan, 1933, as amended.
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Section 2 – User Charges – Purposes, Basis and Rates:
(a). The owners, occupants, or tenants, of all property connected to the waterworks system, either directly or indirectly, shall pay user charges beginning on the date of the connection.
(b). User charges will be established by resolution of the Village Council for the purpose of:
(1). Recovering the costs of operation, maintenance and replacement of the waterworks system;
(2). Partial debt repayment (debt service).
(c). User charges for water service furnished by the waterworks system shall be based on the quantity of water used as measured by meters installed on the property and shall be billed pursuant to Section 7 below per 1,000 gallons of water consumed above the amount allotted to each user. The minimum water bill per month shall be no less than the amount of the monthly ready to serve
charge as established by resolution of the Village Council.
Section 3 – Tap-in Fees and Charges:
In addition to user charges, the Village Council shall by separate resolution establish charges for the privilege of connecting to the
waterworks system. Such fees shall include the costs of all water meters and the costs of tapping the water main, installing the corporation stopcock, furnishing and laying the service pipe, and installing corporation stopcock and shutoff boxes. The charges,
however, shall exclude the costs of road cuts, sidewalks, and re-paving. The water meters and all such materials shall be and remain the property of the Village. Any services or connections performed between November 1 and May 1 each year shall be
subject to additional costs as may be determined by resolution of the Village Council.
Section 4 – Other Fees and Charges:
The Village Council shall by separate resolution establish the fees to be charged for water meters and other services performed under this Ordinance.
Section 5 – No free service:
No free water service shall be furnished to the Village, to any person, or to any public or private agency.
Section 6 – Review of Rates:
The adequacy of the user charges shall be reviewed annually by certified public accountants for the Village in their annual audit report. The user charges shall be revised periodically to reflect a change in debt service or a change in operation, maintenance and replacement costs in accordance with applicable federal regulations.
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Section 7 – Bills:
Bills for user charges shall be rendered quarterly and shall be payable without penalty within ten (10) days after the date thereon. Payments received after such period shall bear a late fee as established by resolution of the Village Council.
Section 8 – Separate Waterworks Funds:
All funds of the waterworks system shall be kept separate from other funds of the Village, and an accurate, separate record shall be kept of all receipts to and disbursements from the waterworks fund.
ARTICLE VII
PROTECTION FROM DAMAGES
Section 1 – Prohibited Acts; Penalty:
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the waterworks system. Any person violating this provision shall be guilty of a misdemeanor punishable by ninety (90) days in the county jail and/or a fine of Five Hundred ($500.00) Dollars.
Section 2 – Damage to Water Meter; Liability:
Any damage to a water meter resulting from the failure of the owner, occupant, or tenant to properly protect that meter shall be assessed against such owner, occupant, or tenant. In addition, any person violating any of the provisions of this Ordinance shall be liable to the Village for any expenseloss, or damage incurred by the Village by reason of such violation.
ARTICLE VIII
PROTECTION OF POTABLE WATER SUPPLY
Section 1 – Prohibited Acts; Penalty:
No person shall introduce any chemical, biological, or other substance into the waterworks system with the intent to cause physical harm to any person or animal or with the intent to cause the water supply to be unfit for human or animal consumption under applicable state and/or federal safe drinking water standards. Any person violating this provision shall be guilty of a misdemeanor punishable by ninety (90) days in the county jail and/or a fine of Five Hundred ($500.00) Dollars.
Section 2 – Monitoring of Water Quality; Corrective Action:
The Village Water Department shall regularly monitor and test the water within the waterworks system for the purpose of detecting water contamination and to ensure that the water continues to meet all applicable state and federal safe drinking water standards. If water contamination is detected, the Water Supervisor shall take whatever action is necessary and proper to protect the health, safety and general welfare of the public, including but not limited to, issuing public warnings and directives concerning the safety of the drinking water, flushing the waterworks system to rid the system of the contamination,
and/or introducing chlorine or other substances into the waterworks system in full
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compliance with all applicable state and federal regulation to eliminate the contamination.
ARTICLE IX
ENFORCEMENT
Section 1 – Enforcement:
(a). The charges and rates for water services authorized under the provisions of Section 21 of Act 94 of the Public Acts of 1933, as amended, shall constitute a lien on all premises served thereby whenever any such charges or rates shall be delinquent for six (6) months or more, unless notice is given that a tenant is responsible for the payment of all such charges and rates. On April 1st of each year, the Village Clerk shall certify to the tax assessing officers for the Villagethe fact of such delinquency, whereupon such delinquent charges and rates shall be entered upon the next tax roll as charges against such premises and shall be collected and the lien thereof enforced in the same manner as general taxes against such premises; provided, however, where notice is given that a tenant is responsible for such charges and service as provided by Section 21 of Act 94 of the Public Acts of 1933, as amended, no further service shall be rendered to such premises until a cash deposit in an amount established by the Village Council shall have been made as security for payment of such charges and service.
(b). In addition, the Village shall have the right to shut off water service to any user for whom charges for water service are two (2) payments delinquent or when any connection is found to be in violation of any provision of this Ordinance. Before shutting off water service, the Village Clerk shall send written notice by first class mail of the Village’s intent to terminate water service to the owner of the premises served or to the tenant in possession where a notice is given that the tenant is responsible for such charges and service. If water service is shut off pursuant to this section, such service shall not be reestablished until all delinquent charges and penalties and a turn-on charge, to be specified by resolution of the Village Council, have been paid or the unlawful connection is eliminated. Further, such charges and penalties may be recovered by the Village by court action.
Section 2 – Disruption of Water Service; Village not Liable:
The Village shall not be liable for any failure or deficiency in the water supply to consumers whether occasioned by shutting off the water to make necessary repairs or connections or for any other cause.
Section 3 – Access to Property:
Authorized employees of the Village Water Department
shall have the right to enter at all reasonable hours upon any property connected to the waterworks system for the purpose of reading water meters and inspecting the piping and fixtures connected with the waterworks system. Village representatives may
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exercise this right to inspection by consent of the person having the right to possession of the building or structure or any part thereof, or by administrative search warrant. If defective pipes or fixtures are noted or illegal cross connections observed, the owner or occupant of the property shall repair, remove or replace the defective pipes or fixtures or disconnect the illegal cross connection. Any person refusing or neglecting to take such action, shall be deemed in violation of this Ordinance.
Section 4 – Violations; Penalties:
Except as provided in Article VII , Section 1 and Article VIII, Section 1, any person who violates any provision of this Ordinance shall be responsible for a municipal civil infraction as defined in Public Act 12 of 1994, amending Public Act 236 of 1961, being Sections 600.101-600.9939 of Michigan Compiled Laws, and shall be subject to a fine of not more than Five Hundred and 00/100 ($500.00) Dollars. Each day in which any such violation shall continue shall be deemed a separate offense. The Village President and other persons designated by the Village Council are hereby designated as an authorized Village officials to issue municipal civil infraction citations directing alleged violators of this Ordinance to appear in court. In addition, the Village shall have the right to bring a civil lawsuit to enforce the provisions of this Ordinance, including an action for injunctive relief to enjoin continued violations of the Ordinance.
ARTICLE X
MISCELLANEOUS PROVISIONS
Section 1 – Repeal of Prior Water Ordinances:
All prior water ordinances enacted by the Village and all amendments or those prior ordinances are hereby repealed in their entirety.
Section 2 – Severability:
If any section, provision or clause of this Ordinance or the
application thereof to any person or circumstance is held invalid, such invalidity shall not effect any remaining portions or application of this Ordinance which can be given effect without the invalid portion or application.
Section 3 – Effective Date:
This Ordinance shall become effective twenty (20) days after
its enactment.
Ordinance No. __ was adopted on the day of ________ _
2018, by the Bear Lake Village Council as follows:
Motion by:
Seconded by:

Village of Bear Lake: Special Meeting February 27, 2018

Village of Bear Lake Council
PUBLIC MEETING

WATER SYSTEM IMPROVEMENT PROJECT

And additional items
February 27, 2018, 7PM
Bear Lake Village Hall
Unapproved Minutes

The Special Meeting on the WATER SYSTEM IMPROVEMENT PROJECT and additional items 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, Jackie Johnson, Greg
McPherson, Ron Ronning & Andrea Ware
Treasurer: Sally King, Clerk: Cindi McPherson, Staff: Jared Bair
Absent: Gibson
Guests: Two (2) guests
Public Comment:
• None
Motion to adopt the agenda with addition by Johnson and seconded by Bass, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: none
Addition: No council pay for special meetings

C1 As-Read Bid Tab Feb 2018 (1)

Motion to accept Contract #1 -Distribution System bid of Gustafson HDD, subject to USDA
approval by Johnson and seconded by McPherson, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: None

C2 As-Read Bid Tab Feb 2018 (1)
Motion to accept Contract #2 – Wells & Well House bid of Cole Inc, subject to USDA approval
by McPherson and seconded by Johnson, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: None
Ken Mlcek stated there is a $300,000.00 contingency available for “over run” on projects.

Loan Resolution Feb 27 2018
Motion to adopt & execute the loan resolution as presented by Johnson and seconded by
Ronning, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: None

Water Revenue RES Bond Authorizing Resolution feb 27 2018
Motion to accept the resolution to authorize issuance of water supply system revenue bond
by McPherson and seconded by Ronning, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair

Nays: none
Absent: None
Mlcek stated Loan is $1,463,000.00 and Grant is $2,547,000.00 40 year pay back on loan.
$53K per year, $12,133 in Repair, Replacement & interest, $5,300K in Bond Reserve.

Motion to accept the resignation letter of clerk McPherson as the secretary of the Planning
Commission effective immediately by Bass and seconded by Evans, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: None
Motion to appoint Clerk McPherson as the Recording Secretary of the Planning Commission including $35 per meeting attended by Johnson and seconded by Ronning, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: None

Water Ordinance was tabled until March monthly meeting for further review.

Motion to retitle the Maintenance Manager position to Department of Public Works (DPW)
Manager by Johnson and seconded by Ronning, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: None

Motion to approve the DPW Manager be paid $29,120.00 a year to include holidays. The weekly salary amount is $560.00 & he receives a Healthcare stipend of $225.00 & Year End Bonus if council approves, beginning March 1, 2018 by Johnson and seconded by McPherson,
motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: None

Motion to accept Amendment to the FY 2017-2018 Budget by Ronning and seconded by
McPherson, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: None
Amended Water Fund – Expenses – Contract Services to $2,316.20
Motion to approve Transfer of Funds from Minor Street savings to Minor Street checking in
the amount of $2,000.00 by Evans and seconded by Johnson, motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair
Nays: none
Absent: None
Minor Street Checking $487.68
Minor Street Savings $4,167.47
Motion for no pay to council members for all special meetings (either Public or other) as of
March 1st 2018, pay only for regular meetings by Johnson and seconded by McPherson,
motion carried.
Ayes: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair

Nays: none
Absent: None

Public Comment:
• Guest wanted to know if the meeting was on conference call and why clerk put the call
on hold for 10 minutes during the last meeting.
Meeting adjourned at 7:34pm.

Respectfully Submitted,
Cindi McPherson, Clerk

[NOTE: the meeting connection was terminated before the end of the February 

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.

BID Package for Village of Bear Lake Water System Improvements

In March 2017 the Village stated it’s intent to publish the bid process – confirmed as public documents by USDA in August 2017.

Upon receipt of the January Village Draft Minutes the following was noted:

“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.”

The following was received today:

“Bid information for review is at the Village Offices. 12376 Virginia Street, Bear Lake, MI  49614

Bid information can also be found on Fleis & Vanderbrinks website, link below.
And on our village website under Water Well Project;
Thank you for your interest in this project.”
As the Village web site is not up to date:-
The following can be viewed at:
USDA Water System Improvements Project – Contracts 1 & 2 – Village of Bear Lake (Bids Due: 02/19/18)
Contract 1 – Bid Advertisement
Contract 1 – Planholders List
Contract 2 – Bid Advertisement
Contract 2 – Planholders List
Specifications
Plans
NOTE: February 19, 2018 bids open to the public at 2pm at the Bear Village Office

Questions concerning Water Improvement Project

The July Draft Minutes contain the following:

Water: President Bair gave an update on water/well project; everything is in a hold pattern. Waiting on our attorney Hryns to finish some paper work. Project will go out to bid Fall 2017 after this is done.

New verbiage for the Water Ordinance will be tabled again for August meeting while an ordinance is retrieved, per Johnson. Water committee: Johnson, Jared Bair and Gary McBride.

Following the June meeting where questions were asked concerning the validity of water related Village ordinances, the following letter was sent on July 13, 2017:-

Good afternoon Peter,

I received a copy of your letter concerning the inconsistencies and contradictions in the Village Water Ordinance?
As I was Village President and a Trustee involved in most of the issues you discussed I just wanted to be sure you were sent the full version, as well as the add-on Cross Connection and Prohibition of Groundwater Ordinances?
I have long considered they need to bite the bullet and pay for all their ordinances to be codified? For example there are 2 numbered  2012-1. Some were never published at all.
https://bearlakemichigan49614.com/ordinances/ordinance-no-2001-03/ is 2001-01 which for the past 15 years was listed as #3
and
although no one seems to know who actually comprises the ‘bureau’.
Vern Best
Manistee News Advocate have already supplied us with published notices for 2015 and 2016 – It does not appear that 2015-02 was published although it was voted on.
Motion by Hyrns seconded by Bass to approve the Prohibition of use of Groundwater Ordinance. Edwards – yes, Hyrns- yes, Ronning – yes, Gee – No, Bass – yes, Johnson- yes, Bair – Yes. Motion carried.
A copy could not be found in the principle Ordinance File Book.

Consumer Confidence Report

The Consumer Confidence Report (CCR) Rule requires community water supplies to annually report to their customers on the quality of the drinking water and the sources of that water, and to characterize the risks (if any) from exposure to contaminants detected in the water.

http://www.michigan.gov/deq/0,4561,7-135-3313_3675_3691-9673–,00.html – For more information about the requirement for annual testing of municipal water systems and reporting back to consumers.

http://www.michigan.gov/deq/0,4561,7-135-3313_3675_3691-9677–,00.html – For more information on the Lead and Copper Rule.

bear_lake_2016_ccr.pdf as supplied by Village of Bear Lake.

2016 Water Quality Report for Village of Bear Lake WSSN: 00510

This report covers the drinking water quality for the Village of Bear Lake for the calendar year 2016. This information is a snapshot of the quality of the water that we provided to you in 2016. Included are details about where your water comes from, what it contains, and how it compares to Environmental Protection Agency (EPA) and state standards.

Your water comes from 2 groundwater wells. The State performed an assessment of our source water in 2003 to determine the susceptibility or the relative potential of contamination. The susceptibility rating is on a seven-tiered scale from “very-low” to “very-high” based primarily on geologic sensitivity, water chemistry and contaminant sources. The susceptibility of our source was determined to have “Moderate” level of susceptibility.

If you want to know more about the report please contact Jeff Bair, Village of Bear Lake, 7780 Lake St. P.O. Box 175, Bear Lake, MI 49614 (231) 864-4300.

Contaminants and their presence in water:

Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the EPA’s Safe Drinking Water Hotline (Hotline) (800-426-4791).

Vulnerability of sub-populations: Some people may be more vulnerable to contaminants in drinking water than the general population. Immunocompromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune systems disorders, some elderly, and infants can be particularly at risk from infections.  These people should seek advice about drinking water from their health care providers. EPA/CDC guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Hotline.

Sources of drinking water: The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. Our water comes from wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.

Contaminants that may be present in source water include:

Microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations and wildlife.

Inorganic contaminants, such as salts and metals, which can be naturally-occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining or farming.

Pesticides and herbicides, which may come from a variety of sources such as agriculture and residential uses.

Radioactive contaminants, which can be naturally occurring or be the result of oil and gas production and mining activities.

Organic chemical contaminants, including synthetic and volatile organic chemicals, which are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, and septic systems.

In order to ensure that tap water is safe to drink, EPA prescribes regulations that limit the amount of certain contaminants in water provided by public water systems. Food and Drug Administration regulations establish limits for contaminants in bottled water which provide the same protection for public health.

Water Quality Data

The table below lists all the drinking water contaminants that we detected during the 2015 calendar year. The presence of these contaminants in the water does not necessarily indicate that the water poses a health risk. Unless otherwise noted, the data presented in this table is from testing done January 1 – December 31, 2015. The State allows us to monitor for certain contaminants less than once per year because the concentrations of these contaminants are not expected to vary significantly from year to year. All of the data is representative of the water quality, but some are more than one year old.

Terms and abbreviations used below:

 Maximum Contaminant Level Goal (MCLG): The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.

 Maximum Contaminant Level (MCL): The highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology.

 N/A: Not applicable

ND: not detectable at testing limit ppb: parts per billion or micrograms per liter ppm: parts per million or milligrams per liter pCi/l: picocuries per liter (a measure of radioactivity).

 Action Level: The concentration of a contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow.

* 90 percent of the samples collected were at or below the level reported for our water.
** Unregulated contaminants are those for which EPA has not established drinking water standards. Monitoring helps EPA to determine where certain contaminants occur and whether it needs to regulate those contaminants.

Information about lead: If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. Village of Bear Lake is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead.

Infants and children who drink water containing lead in excess of the action level could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure.

We met all monitoring and reporting requirements for 2016.

We will update this report annually and will keep you informed of any problems that may occur throughout the year, as they happen. Copies are available at the Village of Bear Lake office, 7780 Lake Street. This report will not be sent to you.

We invite public participation in decisions that affect drinking water quality or more information about this report, please contact Jeff Bair, Village President at (231) 864-4300, 7780 Lake Street, P.O. Box 175, Bear Lake, MI 49614. For more information about safe drinking water, visit the EPA website at www.epa.gov/safewater/.

NOTE: [from http://www.michigan.gov/deq/0,4561,7-135-3313_3675_3691-9673–,00.html }

CCR Delivery Options Include e-Delivery

Community water supplies must directly deliver the report to ALL bill-paying customers and to make a good faith effort to reach other consumers. Electronic delivery methods may be used, provided they are direct. This new option should lead to new ways to reach customers, along with reduced environmental impact (from paper use) and cost savings for water supplies. To help water supplies interested in developing eCCR programs, AWWA has developed a complimentary Electronic CCR Best Practices Guide (PDF, 4MB).

The U.S. EPA expects water supplies to deliver the CCR to all bill-paying customers using ANY combination of the following direct delivery methods:

  • Mail a paper copy of the CCR.
  • Mail a notification of CCR availability.
    Supplies could include a statement on the water bill or bill insert or in a separate mailing such as a postcard or a community newsletter.  The CCR must be on the Internet when the notification of CCR availability is sent out.
  • Email a notification of CCR availability.
    Supplies could include a statement in the text of the email that transmits the water bill or in a separate email message.

The notification of CCR availability:

  • Explains the nature of the message.
  • Prominently displays an easy-to-type URL that goes directly to the entire CCR.  The CCR must be on the Internet when the notification of CCR availability is sent out.
    A supply that does not have a web site may attach or insert the CCR in the email.
  • States how the customer can request a paper copy.

Here’s an example that includes all 3 of the above elements …

Subject:  Water Quality Report Available
Message: The water quality report describing the source and quality of your drinking water is available at
 http://www.anytown.gov/utilities/WaterQualityReport. To receive a paper copy in the mail, contact us at Utilities@anytown.gov/utilities or 555-123-4567.

Delivery methods NOT considered “direct” are the following, though water supplies are encouraged to use any public outreach venue to promote CCR readership:

  • A URL that requires a customer to search or look for the CCR – a customer may not reach the CCR. A long, hard-to-type URL may also prevent a customer from reaching the CCR.
  • Social media – membership Internet outlets like Twitter or Facebook require a customer to join the website to read the CCR.
  • Automated phone calls – the entire content of the CCR cannot be provided in a phone call.

Note:

  • Customers known to be unable to receive the CCR electronically, must be sent a paper copy.
  • Supplies must continue to make a good faith effort to reach non-bill-paying customers.
  • Supplies must certify that they distributed the CCR as required.  A CCR Certificate of Distribution Form is available in Word and PDF formats.