Regular Meeting

Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 Regular Meeting Agenda Tuesday, August 3, 2021 - 7:00 PM These proceeding tonight are being recorded to help prepare the minutes, after minutes are prepared this recording will be no longer available after approval of the village council. Michigan Open Meetings Act MCL 15.262(1). Page 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. AGENDA 4.1 Agenda presented for approval 5. CONSENT AGENDA: 5.1 Minutes from the previous meetings 4-6 Regular Meeting - 06 Jul 2021 - Minutes - Pdf 5.2 Expenditures 7-8 Bills paid Aug 3, 2021 6. REPORTS: 6.1 Wightman & Associates (Micky) 6.2 VBC Commissioner (Kurt Doroh) 9 - 11 commission 7-21 commission 8-21 6.3 Fire Dept Report 12 - 13 Fire Dept. Report Jul21 6.4 Sheriff Deputy 6.5 Van Buren County Road Commission 14 - 16 71221 071921 72621 6.6 Blight & Zoning Report 17 Blight Zoning Monthly Report July 2021 6.7 Clerk's Report 18 - 19 Clerks Report VBC Historical Society 7. UNFINISHED BUSINESS: Page 1 of 28  7.1 Howard St and Scriminger St. 20 Michigan Pavers was awarded the job by the board for Howard Street If we added Scriminger Street, the new project total would be $48,600.00. Scriminger St. would be a total of $ 11,590.00 to have done at the same time as Howard SIGNED Breedsville W. Howard Avenue 7.2 Signs for the Dam area 21 SIGN SHOULD SAY: NO TRESPASSING VIOLATORS PROCEED AT THEIR OWN RISK AND WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW. Each Sign Size 2X3 8. NEW BUSINESS: 8.1 301 N. Pine St. 8.2 TALL GRASS AND WEED ORDINANCE 22 - 26 Output Document (2021-20) - Html 8.3 Rif Rap for down on rivers edge. 27 Clay from Dykgraaf for a quote for the Rif Rap Proposal.xlsx 8.4 Paser Ratings Van Buren County Road Commission Breedsville’s estimate for PASER rating is at $181.79. This could be more or less, depending on the time required (we estimated at about an hour). 8.5 Street Lights 8.6 Expenditure Policy 28 Expenditure Policy 2021 9. PUBLIC COMMENTS: 10. BOARD COMMENTS: 10.1 Trustee L. Weniger Trustee Yeager Trustee T. Weniger Trustee B. Hibma President Rogusta 11. FINAL ANNOUNCEMENTS: Next Meeting DATE September 07, 2021, 7:00 pm 12. ADJOURNMENT 12.1 Adjournment Page 2 of 28 Page 3 of 28  Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 Regular Meeting Minutes Tuesday, July 6, 2021 7:00 PM Village Hall 1. CALL TO ORDER: Called to order @ 7:00 pm 2. PLEDGE OF ALLEGIANCE: Led by all 3. ROLL CALL: PRESENT: Trustee Larry Weniger, Trustee William "Billy" Yeager, Trustee Tim Weniger, President Steven Rogusta, and Trustee Bruce Hibma, Clerk Linda Norton EXCUSED: 4. AGENDA 4.1 Agenda presented for approval Moved by Trustee Larry Weniger, seconded by Trustee William "Billy" Yeager, Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee William "Billy" Yeager, Trustee Tim Weniger, President Steven Rogusta, and Trustee Bruce Hibma 5. CONSENT AGENDA: 5.1 Minutes from the previous meetings Moved by Trustee William "Billy" Yeager, seconded by Trustee Tim Weniger, Motion to accept as presented Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee William "Billy" Yeager, Trustee Tim Weniger, President Steven Rogusta, and Trustee Bruce Hibma 5.2 Expenditures Moved by Trustee William "Billy" Yeager, seconded by Trustee Tim Weniger, Motion to accept with additions for new bills received Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee William "Billy" Yeager, Trustee Tim Weniger, President Steven Rogusta, and Trustee Bruce Hibma Page Page41ofof28 3 6. REPORTS: All reports on file 6.1 Fire Dept 6.2 VBC Commissioner (Kurt Doroh) 6.3 Sheriff Deputy 6.4 Zoning Administrator 6.5 Wightman & Associates (Micky) 6.6 Van Buren County Road Commission 7. UNFINISHED BUSINESS: No unfinished Business 8. NEW BUSINESS: 8.1 Annual Audit Report Moved by Trustee Larry Weniger, seconded by Trustee William "Billy" Yeager, Motion to accept audit budget Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee William "Billy" Yeager, Trustee Tim Weniger, President Steven Rogusta, and Trustee Bruce Hibma 8.2 50. N. Pine Street Moved by Trustee Larry Weniger, seconded by Trustee William "Billy" Yeager, Motion to turn over to Attorney Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee William "Billy" Yeager, Trustee Tim Weniger, President Steven Rogusta, and Trustee Bruce Hibma 8.3 Securing the Dam area, signs Moved by Trustee Larry Weniger, seconded by Trustee William "Billy" Yeager, postpone until next month, Verify the correct wording and obtain cost of signs Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee William "Billy" Yeager, Trustee Tim Weniger, President Steven Rogusta, and Trustee Bruce Hibma 8.4 W. Howard Street Moved by Trustee Larry Weniger, seconded by Trustee Bruce Hibma, Motion to accept MI Pavers bid for 37,010.00 Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee William "Billy" Yeager, Trustee Tim Weniger, President Steven Rogusta, and Trustee Bruce Hibma Page Page52ofof28 3  8.5 American Rescue Plan Act Moved by Trustee Larry Weniger, seconded by Trustee William "Billy" Yeager, Motion to apply for ARPA Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee William "Billy" Yeager, Trustee Tim Weniger, President Steven Rogusta, and Trustee Bruce Hibma 8.6 VENDORS, PEDDLERS, AND SOLICITORS’ ORDINANCE Moved by Trustee Bruce Hibma, seconded by Trustee Larry Weniger, Motion to approve Ordinance as presented Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee William "Billy" Yeager, Trustee Tim Weniger, President Steven Rogusta, and Trustee Bruce Hibma 8.7 MDOT Bridge Inspection 2021 Inspection went well passed inspection 9. PUBLIC COMMENTS: no comments 10. BOARD COMMENTS: 10.1 Trustee L. Weniger - no comment Trustee B. Yeager - no comment Trustee T. Weniger - no comment Trustee B. Hibma - no comment President Rogusta closing statement - no comment 11. FINAL ANNOUNCEMENTS: 11.1 August 3, next Regular Meeting, Committee meeting July 24 12. ADJOURNMENT 12.1 Adjournment Moved by Trustee Larry Weniger, seconded by Trustee Tim Weniger, Motion to adjourn at 8:31 pm Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee William "Billy" Yeager, Trustee Tim Weniger, President Steven Rogusta, and Trustee Bruce Hibma Page Page63ofof28 3  Village of Breedsville breedsvilleclerk@gmail.com Clerk’s Report Bills Paid August 3, 2021 General Funds Company Name Amount PD CK # Explanation 1 Consumers $122.11 Auto Village Hall Utilities Due Aug 12, 2021 2 Consumers $423.89 Auto Streetlights July 23,2021 3 Frontier $72.11 Auto Hall Phone Due Aug 18, 2021 4 Van Buren Reminder $103.80 CK# 4525 Advertisement 5 Robert Deloof $745.00 CK#4527 Zoning $405.00/Blight $340.25/ VBC Records $45.00 6 Signal Services $168.00 CK# 4524 Alarm monitoring 7 Landers Hardware $28.72 CK# 4526 Park Repairs of swings 8 9 10 11 12 13 14 15 16. 17. 18. 19. Deposits 1. Permits/rentals $125.00 2. Property taxes $1,454.38 3. 4. 5. 6. 7. 8. 9. Bank Balance as of $91,301.80 6/30//2021 Savings Bank Balance as of $64,527.69 6/30/2021 OVER……………………………>, Page 7 of 28  Major Streets 1. Consumers Auto Streetlights $ 12.42 July 23, 2021 2. Consumers $90.81 Auto Streetlights LED July 23, 2021 3. $ CK# N Pine Street Project $ Ck# Deposit MTF $3,106.14 MTF ACT 51 – 5/21 Bank Balance as of $21,604.68 06/30/2021 Local Streets 1. $ CK# Deposit MTF $1,062.27 MTF ACT 51 – 5/21 Bank Balance as of $28,978.38 06/30/2021 Page 2 Page 8 of 28  July 5, 2021 To: Township Supervisors, Mayors, Road Commissioners, other elected officials From: Dick Godfrey, Chair, Van Buren County Board of Commissioners; cell: 269- 251-8342; email: GODFREYR@VANBURENCOUNTYMI.GOV NEWS FROM THE COUNTY COMMISSION: (Gail Patterson-Gladney, Kurt Doroh, Richard Godfrey, Mike Chappell, Randall Peat, Donald Hanson, Paul Schincariol) New Covert Generating: Commissioners authorized the Board’s attorneys to continue to respond to this Company’s appeals to the Michigan Tax Tribunal. All of New Covert Generating appeals have been ligated through 2016. Those remaining are for 2017, 2018, 2019, 2020, and 2021. (Last week Wednesday, it was announced that Consumers Energy will be purchasing this facility for $810 million in 2023). County Millage: Commissioners approved the following millage for the County: total levy of 7.3504 mills, which consists of 4.4566 allocated mills, 0.9370 mills for Ambulance, 0.9769 mills for Roads, 0.5332 mills for Public Safety, 0.2471 mills for Public Transit, 0.0996 mills for Conservation District, and 0.1000 mills for Veterans Relief. Hazardous materials grant: This is a grant awarded to Local Emergency Planning Departments to assist in identifying the location of hazardous materials in Van Buren County. The location of and type of hazardous material is relayed to First Responders. Sheriff’s Department: Commissioners approved the purchase of several items for Dispatch and other areas of the Department. The first purchase is for a Dispatch Console. This was planned to be part of the VHF Radio upgrade but bundling all together produced a savings of $100,000; Dispatch Console $605,671 (paid for with 911 fees), Body Cameras $211,946, Vigilant Trailer $26,700 for a total billing of $744,317. Road Commissioners: County Commissioners approved a request from the Van Buren County Road Commissioners to allow them to individually purchase Dental and Vision insurance at no cost to the County. Bangor Township: The Sheriff’s Department and Bangor Township agreed upon a contract for the Sheriff to provide a Deputy for 10 hours per week to serve that township. Palisades Citizen Advisory Panel: Commissioners are required to appoint the Chair and Vice-Chair of this panel. Commissioners appointed Robert Burr, citizen Representative of South Haven Township as Chair and Mike Chappell, Van Buren County Board of Commissioners as Vice-Chair. Page 9 of 28 Page 10 of 28 August 1, 2021 To: Township supervisors, other elected or appointed officials, road commissioners, etc. From: Dick Godfrey, Chair, Van Buren County Board of Commissioners; cell 269- 251-8342; e-mail: GODFREYR@VANBURENCOUNTYMI.GOV NEWS FROM THE COUNTY COMMISSION: (Gail Patterson-Gladney, Kurt Doroh, Richard Godfrey, Mike Chappell, Randall Peat, Donald Hanson, Paul Schincariol) Public Hearings: On August 10, 2021, a public hearing will be held for the proposed 2021-22 County Budget at 2:50 PM in the Board of Commission Chambers. On October 12, 2021, a public hearing will be held at 2:50 PM for public review on the revised “911 Service Plan and By-Laws” in the BOC room. Community Corrections Grant: This grant totals $184,735. The Board of Commissioners approved the request of the Van Buren County Community Corrections Advisory Board to approve the application for this grant. The grant provides funding for pre-trial supervision, drug testing and treatment, electronic monitoring, and pre-trial assessment. Firehouse Public safety grant: Commissioners approved a request by the Sheriff’s Department to apply for a $50,000 grant from Firehouse Subs to purchase 30 AEDs which would become interchangeable with medical responders in the County. Resolution of Appreciation: Jan Petersen has served on the Van Buren County Brownfield Redevelopment Authority every year since it was created nineteen years ago. The Board thanks Jan for her outstanding service to the community for the betterment of environmental quality and economic redevelopment of commercial assets in our County. VHF FIRE/EMS RADIO UPGRADE: This project is underway and is funded by the 911 Surcharge fund balance and ongoing collections. This segment of the project includes upgrades to 4 water tower sites as part of the 7-site simulcast radio system. Financial Controls Rescinded: On April 14 of 2020 Commissioners imposed several financial controls because of the Covid 19 pandemic. These included a hiring freeze, restrictions on purchases and a prohibition of non-essential travel. Commissioners authorized the return to normal financial operations which allows the posting and filling of vacant positions, attendance at trainings, and to make necessary purchases for departments without delay. VAN BUREN COUNTY’S “DECLARATION OF EMERGENCY” REMAINS IN EFFECT Page 11 of 28  Report for Month of: July 2021 Emergency Responses Incident Type Jun-21 Jul-21 % Change YTD Structure Fire 111 9 2 -78% 37 Columbia 2 -100% 6 Bangor 3 1 67% 12 Bloomingdale 2 Lee Twp 2 1 -50% 12 South Haven 2 -100% 7 Other Rescue (Medical) 311 25 14 -44% 119 Wind/Storm Assess 813 CO Detector Failure 736 Down Power Line 444 1 100% 2 PDA 324 2 PIA 322 3 -100% 6 Citizen Complaint 911 Smoke Scare 651 False Alarm 700 2 -100% 9 Illegal Burn 118 1 Grass Fire 143 1 -100% 9 Animal Rescue 542 Chimney Fire 114 CO Event Verified 424 Vehicle Fire 131 Hazardous Cond 400 Severe Weather SB 815 Malicious/Flase Call 710 Fire Other 100 RV Fire 137 1 Water Rescue 360 Chem Hazard CU 421 Arcing Electrical Eq 445 Move-Up/Coverage 571 Special Type Other 900 1 -100% 2 Gas Leak 412 2 Outside Trash Fire 150 1 2 100% 4 Smoke Det No Fire 743 Ice Rescue 362 Assist to Rescue 311 6 Water Craft Rescue 365 YTD Total EMS--> 119 Month/Annual Total 42 19 YTD Total FD----> 81 Page 12 of 28 Page 13 of 28  BUREN VAN COUNTY ROAD COMMISSI ON [WEEK OF JULY 12, 2021] MAINTENANCE ENGINEERING Operations Update Update — Sealcoat resumes July 14th in Bangor, — Due to the massive amount of rain, Arlington, and Columbia Townships. Daily washouts, and erosion repairs are being made updates for locations are posted on all of our to 30th Street between 48th Avenue and CR social media channels. 653 in Almena Township. — First round of roadside mowing is — Rose Meadow/ Primrose Path and Rosemary complete across the county. The second Lane in Antwerp Township will be milled at round is scheduled to begin mid—to the end of this week and paved next week. late—August. — CR 380 from the Village of Breedsville to the — Contract gravel is complete with the Bloomingdale Township line in Columbia exception of Porter and Geneva Townships. Township is open to the traveling public, ?nal They will be completed later this summer. paint markings are pending contractor availability. — Storm clean—up,washout repair, miscellaneous ditching, and pipe Several projects have been let for bid. For — replacements continue countywide. the full list, notices, and bid speci?cations, please visit vbcrc.org/projectbids. Bids will be SEALCUAT INSOUTH TUWNSHIPawarded at the board meeting on July 14th. HAVEN — 64th Avenue from M—4Oto Paw Paw Township Line in Antwerp Township has been paved and will be receiving shoulders next week with paint markings to follow. — Culvert replacements have started on the Lawton and Gates Extensions Drains on CR 665 in Paw Paw and Decatur Townships. Page 14 of 28  BUREN VAN COUNTY ROAD COMMISSI ON [WEEK OF JULY 19, 2021] MAINTENANCE ENGINEERING Operations Update Update — Sealcoat was paused for a day due to — Rose Meadow/ Primrose Path and Rosemary equipment malfunctions. Daily updates for Lane in Antwerp Township were paved sealcoat are posted on all of our social media Monday, July 19th. channels. — CR 380 from the Village of Breedsville to the — The second round of dust control has been Bloomingdale Township line in Columbia completed in Paw Paw Township, with Township is open to the traveling public, ?nal Almena, Bloomingdale, and Pine Grove paint markings are pending contractor Townships to follow this week. availability. — Contract gravel is complete with the — Several project bids have been awarded. For exception of Porter and Geneva Townships. the full list and bid speci?cations, please visit They will be completed later this summer. vbcrc.org/bidtabulations. — Storm clean—up,washout repair, — 64th Avenue from M—4Oto Paw Paw miscellaneous ditching, and pipe Township Line in Antwerp Township has replacements continue countywide. been paved and will be receiving shoulders this week with paint markings to follow. SEALCOAT CREWINABLINGTUN TOWNSHIP Culvert replacements have been completed — on the Lawton and Gates Extensions Drains on CR 665 in Paw Paw and Decatur Townships. The culvert replacement on the Coldbrook Drain has started and is expected to be completed this week. — Culverts have been delivered on CR 374 in Lawrence Township. Page 15 of 28  BUREN VAN GGUNTY RGAD GGMMISSI GN [WEEK GF JULY 26, 2021] MAINTENANCE ENGINEERING Operations Update Update — Sealcoat continues in Paw Paw and Covert — CR 380 from the Village of Breedsville to the Townships. Various Primary roads will Bloomingdale Township line in Columbia receive sealcoat beginning next week. Daily Township is open to the traveling public, ?nal updates for sealcoat are posted on all of our paint markings are pending contractor social media channels. availability. — The second round of mowing is scheduled — Culvert replacements have been completed on to begin Mid—August. the Lawton, Coldbrook, and Gates Extensions Drains, all on CR 665, in Paw Paw and Decatur — Storm clean—up,washout repair, Townships. The asphalt patches are waiting to miscellaneous ditching, and pipe be scheduled with the contractor. replacements continue countywide. — Red Arrow Highway from the City of Hartford to 70th Street in Hartford Township began Monday with milling. Paving is scheduled for MIScELLANE0US ' Friday and Saturday, weather pending. Update — The Township Supervisor Association Meeting is scheduled for August 26th at 7 PM at the Lawrence Conference Center. MILLINGARRGW RED HIGHWAY IN HARTFGRD TGWNSHIP Page 16 of 28 Monthly Report BIGHT JULY 2021 7-5-21 – 50 N. Pine St. Went to 50 N. Pine St., Breedsville observed a pickup truck and a trailer in the front yard of that address and the vehicles are considered blight as per our ordinance 2021–11 Wrote a citation for civil infraction to move these vehicles off their property trailer and truck. Please assist the village of Breedsville with the situation. Zoning 6/14/21 - Received a call from Jim Decker - 196 Howard St. Person who is interested in restoring the property on Howard Street he talks to Charles Dodson and Charles said that the property should be grandfathered in and he was not going to request rezoning for that property and spend the extra money he was just going to sue the village of Breedsville because the property can’t be occupied at this time. The building inspector did condemn the buildings on the property and the travel trailer ask Attorney Graham if we can write a citation for a dangerous building or how does he want to work that they have that building remove so there’s no more problem with it thank you. 7-1-21 – 151 ½ E. Main St. Carol Decker needs to pay 75.00 to Breedsville village for 151.5 E Main St. second rental Please Send Her a Bill at. Carol Decker, She Paid 75.00 7-12-21 Mike Kindig 81 w main St. After talking with Ron and making a few calls this is going to be very complicated. We will have to rewrite both land contracts, redo title insurance, Redo warranty deeds, and have new surveys done. This seems excessive to me. It will involve lots of time and money. I do not understand why I can't build on the proposed site. It is well within the property lines of 81 west main. If this is the only way to get this done, I am going to have to not build the pole barn. Let me know your thoughts. 7-16-21 Village of Breedsville either zoning administrator okayed Mike Kindig’s steel building 30x40. At 81 w main St. 7-20-21 – 301 N. Pine St. Ask Chuck about cargo containers if they are approved by the state of Michigan Check with Laura Michigan to see if cargo containers are permitted with marijuana grows. Check with Chuck and make sure the cargo container can sit directly on the ground when being used and others to be on a foundation. Zoning will need a letter from Laura Michigan that cargo containers can be used in the sale of marijuana. Bob Deloof Blight/Zoning Administrator Village of Breedsville Page 17 of 28 Clerks Report Village of Breedsville Date: July/August 2021 Updates: ➢ Vendors, Peddler, and Solicitor’s Ordinance – Published 7/18/2021 effective 30 day’s from 7/18/21 – effective 8/18/2021. ➢ Property Tax payment have been coming in. ➢ Bills Received Paid ➢ ARPA = American Rescue Plan Act: Applied for 7/23/2021 ➢ President directed Clerk to work with Attorney for Ordinance for tall grass & weeds ➢ Received Notice for Public Hearing County Commission for 911 Service plan Update. ➢ Received invite to the VBC Historical Society for Ice Cream Social ➢ Received Zoning information from Bob Delooth for 310 N. Pine St. & 48 W. Main ➢ Received updates from Attorney Graham on resent Court Event ➢ Received Complaint from resident that was forward to President of Village. ➢ Contact with Michigan Pavers Howard Street - End of August first of Sept ➢ Pine St. Project has started with MDOT. More to come in the months to come. Warm regards, Clerks Report Village of Breedsville Page 18 of 28  VAN BURENCOUNTYHlSTORlCAL SOCIETY AND PGORH.GUfSE MUSEUM The members and volunteers of the Historical Museum have long heard ’’I ditirft imow we had a museum er a poor%‘2csuse”arssslhave resoh/ed to remedy this matter. Our goal is to make Van Buren Courxtx/‘s governing structure aware of what and who the museum represents; and why it is worthy of the support, both financially and physicallyof the people of Van Buren County's townships, are im i'i‘r\‘3‘i"rS‘€“i‘y‘ ’V‘iiT'€\*géS’ét??1r*t‘i"i:rE5‘:“'ift/E the §31"Gt‘;’r\’}'Gf wor%<—a»ccemplisheol byvthe volunteers, who have worked from the Van Buren County Museum's 10-room inception in 1973 to our present 44—room buildingand grounds preserving Van Buren County's history, both in artifacts and documents. THEREFORE, we are invitingthe members and guest of your governmental board to an Ice Cream Social to be held at the Van Buren County Museum. This will be a private event and we are planning on tours along with ice cream (everything is better with ice cream!) and a chance to discuss the future of the museum with you. Working together to promote preservation of our history will benefit everyone. The Ice Cream Social will be held on Sunday, August 22'", 2021; from 1:00 p.m. to 5:00 p.m. and we hope you will visit the Museum sometime that afternoon to see the information and artifacts pertinent to the locale you 1. - C- represent and to meet other officiais from the County. - ?ee _ . Please RSVP before August 15"‘,2021 by calling the museum at (269) 621- 2188. VAN BURENCOUNTYHISTORICAL SOCIETY VAN BURENCOUNTYMUSEUM 584711 Red Arrow Highway Paw Paw, Michigan 49079 Page 19 of 28  NJMMJOHT
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UI Page 20 of 28 Each Sign Size 2X3 $300.00 for both Page 21 of 28  Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 ORDINANCE 2021-15 TALL GRASS AND WEED ORDINANCE An ordinance to secure the public health, safety, and welfare of the residents and property owners of the Village of Breedsville, Michigan, through the control and regulation of the height of tall grass and weeds within the Village; to provide penalties for the violation thereof and to repeal all ordinances or parts of ordinances in conflict therewith. NOW, THEREFORE, BE IT ORDAINED by THE VILLAGE OF BREEDSVILLE, VAN BUREN COUNTY, MICHIGAN SECTION 1: Title and Applicable Seasons: This ordinance shall be known and cited as the Breedsville Tall Grass and Weed Ordinance and shall be applicable and in full force and effect from April 1st through October 31st of each year. SECTION 2: Purpose: The Village hereby finds that tall grass and weeds can have a blighting effect on neighborhoods and can provide a refuge for vermin and insects. The purpose of this ordinance is to secure the public health, safety and general welfare of the residents and property owners of Breedsville by regulating the height grass and weeds is allowed to grow in certain areas of the Village in which more people reside in close proximity. SECTION 3: Definitions: A. Grass: any type of grass or weed, but not including crops grown as a source of income, including but not limited to corn, oats, or barley. B. Weeds: “weeds” shall include Canada thistle (Circium arvense), dodders (any species of Cuscuta), mustards (charlock, black mustard and Indian mustard, species of Brassica or Sinapis), wild carrot (Daucus carota), bindweed (Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), hoary alyssurn (Berteroa incana), ragweed (ambrosia elatior 1) and poison ivy (rhus toxicodendron), poison sumac (toxicodendron vernix) or other plant, any of which is in the opinion of the Village Board, comes under the provisions of the Noxious Weeds Act, Public Act 359 of 1941, as amended (MCL 247.61, et seg.), including grass over six (6) inches in height, other than that part of a vegetable or flower garden, is regarded as a common nuisance. ORD 2021-15 Page 22 of 28  C. Owner: any person holding an ownership interest in land in the Village of Breedsville upon which there is tall grass growing. For the purposes of this Ordinance, the name and address listed on the Village tax assessment roll shall indicate ownership interest in such land. D. Occupant: Any person who has the right to occupy a parcel of property due to being an owner or pursuant to a verbal or written lease or rental agreement with the owner or agent thereof. E. Land Used for Agriculture: the uses of land for tilling of the soil, the raising of field or tree crops, or animal husbandry, as a source of income. SECTION 4: Land Subject to Regulations: A. This ordinance applies to all land within the Village other than: a. Land used for agricultural purposes including weeds in fields devoted to growing any small grain crops such as wheat, oats, barley, or rye. b. Portions of lots are used for flower gardens, shrubbery, or vegetable gardens. c. Naturally wooded areas regulated wetlands or meadows. d. Areas designated as undeveloped open spaces. SECTION 5: Duty to Cut Grass: The owner and/or occupants of the land to which this ordinance applies shall not allow tall grass or weeds to grow over eight inches (8”) in height throughout the growing season, including grass and weeds in the right-of-way, and it shall be the duty of all owners and/or occupants of land located in Breedsville Village either to cut or otherwise destroy by lawful means all tall grass and weeds, as defined in this ordinance, which is growing upon said property before they reach a seed-bearing stage and to prevent said weeds from perpetuating themselves and from becoming a detriment to public health. On an undeveloped lot, tall grass and weeds must be cut back at a distance of at least thirty feet from the roadway so as to allow a clear line of site. SECTION 6: Unlawful Acts: It shall be unlawful for the owner and/or occupant of any lot or parcel of land to which this ordinance applies to allow or maintain upon any portion of such lot or parcel any growth of tall grass or weeds as defined herein, or to permit the deposit or accumulation upon any portion of such lot or parcel of land, of any brush, yard debris, dead vegetation, or cut grass or weeds so as to create a nuisance due to unsightliness, an unhealthy or unsafe condition, or traffic hazard, or fire hazard. Growth of grass to a length greater than six (6) inches shall be considered to be a nuisance for the purposes of this section. ORD 2021-15 Page 23 of 28 SECTION 7: Enforcement: A. Enforcement Officer. This Ordinance shall be enforced by such persons who shall be so designated by the Village Board, who shall for purposes of this ordinance be the Breedsville Village Ordinance Enforcement Officer (OEO). B. Right of Entry. The Ordinance enforcement officer and his or her authorized representatives are hereby empowered to enter upon any premises or land in Breedsville Village for the purpose of inspecting, removing of and/or destroying of tall grass and weeds prohibited under this ordinance. No person shall molest or interfere with such person or person while they are engaged in carrying out the provisions of this ordinance. C. Violation Notice. After inspection, if any property is determined to be in violation of this ordinance, a Violation Notice will be sent to the property owner and/or occupant of said premises in which the name appears in the last local assessment record of the Village. The notice shall be sent by both first class and/or by posting a copy of said notice on the property. The notice shall give the property owner seven (7) days from the date of the notice to cut the tall grass and weeds. D. Failure to Comply. If the tall grass and weeds are not cut within seven (7) days the OEO shall have the authority to enter upon the land and/or to cause the lawn to be mowed by an authorized representative who is hereby empowered to enter upon any premises or land in Breedsville Village for the purpose of mowing tall grass and weeds in violation of this ordinance even if the property owner and/or occupant failed to actually receive said notice. The Village of Breedsville, its agents and representatives shall not be responsible for damage to buildings, vehicles, landscape, trees, shrubs, etc., during the mowing of property in violation of this ordinance. E. Assessment of costs. All expenses of such cutting, to include equipment usage, transportation, man-hours involved, and overhead, including any and all cost incurred in the removal or relocation of debris, junk or other miscellaneous obstructions which would be necessary or convenient to carry out the requirements of this Ordinance shall be paid by the owners of such land plus an administrative charge of fifteen (15%) percent, thereof per residential parcel, per cutting. After having a lot mowed, the Village shall then submit a bill to the property owner for the cost of the mowing. If the property owner does not pay the bill within sixty (60) days of the date of the invoice the cost of such payment shall be charged against the premises and it shall become a lien on the land or property assessed of the same character in effect as the lien created by general law for taxes, plus an additional delinquency fee of 10% per month until paid. ORD 2021-15 Page 24 of 28 Section 8. Penalties: A. Any violation of this Ordinance shall be a Municipal Civil Infraction punishable by a fine of up to $500 plus costs assessed by the Court. B. Each day on which any violation of this Ordinance occurs or continues constitutes a separate offense subject to separate sanctions. C. If there is any evidence of retaliation by any offender against any complainant or witness, such evidence shall be communicated to the District Court. In sentencing, any violator, the District Court or Magistrate shall first examine the evidence of retaliation, and if such be shown, shall consider such acts, including the amount of property damage, and sentence the violator accordingly, which sentence may include restitution for any damage. Section 9. Declaration of Nuisance Any violation of any provision of this Ordinance is hereby declared to be a nuisance and the Village may seek enforcement of the Ordinance by suit for injunction, damages, or other appropriate legal action, as against a nuisance, at the expense of the property owner under MCL 600.2940(3), including reasonable attorney fees. Any such civil action shall be in addition to any prosecution for violations of this Ordinance as a Municipal Civil Infraction, Commencement of any such proceedings shall not constitute an election of remedies. Section 10. Severability The several provisions of this ordinance are declared to be separate; if any Court shall hold that any section or provision hereof is invalid, such holding shall not affect or impair the validity of any other section or provision of this ordinance. Section 11. Effective Date This ordinance shall be published as required by law and shall take effect immediately after its enactment and publication ORD 2021-15 Page 25 of 28  CERTIFICATION I further certify that trustee L. Weniger moved for adoption of said Ordinance 2021-15, and that trustee. W. Yeager seconded said motion. I further certify that the following members voted for adoption of said Ordinance: and that the following members voted against such Ordinance: Ayes: L. Weniger, W. Yeager, B. Hibma, T. Weniger, S. Rogusta. Nays: None PASSED AND APPROVED by the Village Board of the Village of Breedsville on this 03 day of August 2021 I further certify that said Ordinance No 2021-15 has been recorded in the Ordinance Book of the Village of Breedsville and that such recording has been authenticated by the signatures of the Village President, and Village Clerk. Steven Rogusta Linda Norton Steven Rogusta, Village President Village of Breedsville, Clerk I do hereby certify that a synopsis of this Ordinance No 2021-15, in accordance with statutory requirements was published on August 21, 2021, the South Haven Tribune, a copy of which is attached hereto. Linda Norton Village of Breedsville, Clerk Linda Norton, Village Clerk ORD 2021-15 Page 26 of 28  Date: 8/2/2021 By: Clay Slenk Phone: 616-886-2009 Dykgraaf Excavating, LLC 13134 Quincy St. Holland, MI 49424 Proposal Proposal Submitted To Work To Be Performed At Village of Breedsville Village Park Steve Rogusta Rip Rap Delivery Plans Dated: N/A Work Description Dykgraaf Excavating will provide all labor, equipment and materials to complete the following scope of work. Site Work Quotation • Haul in 4 lead loads of 12" - 18" of rip rap Total Price: $7,800.00 Notes: Quote includes delivery only. Quote does not include placement of rip rap. Qoute assumes dumping loads on the parking lot. Unless noted above, this price does not include surveying, permits, dewatering, sawcutting, concrete or asphalt work, unsuitable soil removal/replacement, landscaping, erosion control blanket, or seeding. Acceptance of Proposal Signature: Date: Signature: Date: Page 27 of 28  VILLAGE OF BREEDSVILLE POLICY REGARDING CLERK/TREASURER EXPENDITURES WITHOUT BOARD APPROVAL The Village Board recognizes that the Village Clerk is sometimes required to spend monies on short notice and without specific Board approval in order to conduct Village business. As a result, the Board adopts the following policy: The Village Clerk is authorized to spend up to $1,000 without prior Board authorization on items that the Board has discussed but on which the Board has not set a specific expenditure limit and on items that Clerk determines to be appropriate Village expenditures. The Clerk shall report all such expenditures at the following Village Board meeting along with supporting documentation. Approved _________ by a roll call vote: Ayes _________ Nay’s: ___________ Ayes: Nay’s: Page 28 of 28