Regular Meeting

Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 Regular Meeting Agenda Tuesday, January 4, 2022 - 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: 7:08 pm 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 3-7 Regular Meeting - 07 Dec 2021 - Minutes - Pdf Special Meeting - 13 Dec 2021 - Minutes - Pdf 5.2 Expenditures 8-9 Bills paid Jan 04,2022 6. REPORTS: 6.1 Blight/Zoning 10 Blight Zoning Monthly Report Dec 2021[3047] 6.2 Sheriff Deputy 6.3 Fire Dept 6.4 VBC Commissioner (Kurt Doroh) 11 - 12 commission 1-22 6.5 Van Buren County Road Commission 13 - 14 121321 122721 6.6 Wightman & Associates (Micky) 7. UNFINISHED BUSINESS: 8. NEW BUSINESS: 8.1 Garage Locks & doors 8.2 Alarm /Camera System Page 1 of 21  8.3 A RESOLUTION ESTABLISHING THE TERMS FOR THE PRESIDENT 15 - 16 AND TRUSTEES OF THE VILLAGE OF BREEDSVILLE Output Document (2022-26) - Pdf 8.4 2022 AMENDMENT TO MARIJUANA ORDINANCES 17 - 19 Output Document (2022-25) - Pdf 8.5 A RESOLUTION REGARDING THE ANNUAL APPOINTMENT OF A 20 - 21 PRESIDENT PRO-TEM AND OTHER NON-STATUTORY OFFICERS Output Document (2022-24) - Pdf 8.6 Appointment of positions 8.7 Extending online Banking Services 9. PUBLIC COMMENTS: 10. BOARD COMMENTS: 10.1 Trustee L. Weniger Trustee W. Yeager Trustee B. Hibma Trustee T. Weniger President Rogusta closing statement 11. FINAL ANNOUNCEMENTS: Next Meeting February 01 @ 7:00 pm 12. ADJOURNMENT 12.1 Adjournment Motion to adjourn at pm Page 2 of 21  Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 Regular Meeting Minutes Tuesday, December 7, 2021 7:00 PM 1. CALL TO ORDER: Called to order @ 7:16pm 2. PLEDGE OF ALLEGIANCE: Led by all 3. ROLL CALL: PRESENT: Trustee William "Billy" Yeager, Trustee Larry Weniger, Trustee Bruce Hibma, Trustee Tim Weniger, and President Steven Rogusta, Clerk Linda Norton EXCUSED: 4. AGENDA 4.1 Agenda presented for approval Moved by Trustee Larry Weniger, seconded by Trustee William "Billy" Yeager, Motion to accept agenda as presented Carried by the following votes: Ayes: Trustee William "Billy" Yeager, Trustee Larry Weniger, Trustee Bruce Hibma, Trustee Tim Weniger, and President Steven Rogusta 5. CONSENT AGENDA: 5.1 Minutes from the previous meetings Moved by Trustee William "Billy" Yeager, seconded by Trustee Larry Weniger, Motion to accept as presented Carried by the following votes: Ayes: Trustee William "Billy" Yeager, Trustee Larry Weniger, Trustee Bruce Hibma, Trustee Tim Weniger, and President Steven Rogusta Page Page31ofof21 4  5.2 Expenditures Moved by Trustee Larry Weniger, seconded by Trustee William "Billy" Yeager, Motion to accepted as presented Carried by the following votes: Ayes: Trustee William "Billy" Yeager, Trustee Larry Weniger, Trustee Bruce Hibma, Trustee Tim Weniger, and President Steven Rogusta 6. REPORTS: All reports on file 6.1 Fire Dept 6.2 VBC Commissioner (Kurt Doroh) 6.3 Sheriff Deputy 6.4 Van Buren County Road Commission 6.5 Blight/Zoning Report 6.6 Wightman & Associates (Micky) 6.7 All reports on file 7. UNFINISHED BUSINESS: No unfinished Business 8. NEW BUSINESS: 8.1 Electrical Outlets on the building Moved by Trustee William "Billy" Yeager, seconded by Trustee Bruce Hibma, Motion to accept the bid from Edison Electric Carried by the following votes: Ayes: Trustee William "Billy" Yeager, Trustee Larry Weniger, Trustee Bruce Hibma, Trustee Tim Weniger, and President Steven Rogusta 8.2 Christmas Ornament holders Moved by Trustee William "Billy" Yeager, seconded by Trustee Tim Weniger, Motion to accept quote as presented Carried by the following votes: Ayes: Trustee William "Billy" Yeager, Trustee Larry Weniger, Trustee Bruce Hibma, Trustee Tim Weniger, and President Steven Rogusta 8.3 Policy Page Page42ofof21 4  Moved by Trustee William "Billy" Yeager, seconded by Trustee Tim Weniger, Motion to Accept policy as presented Carried by the following votes: Ayes: Trustee William "Billy" Yeager, Trustee Bruce Hibma, Trustee Tim Weniger, and President Steven Rogusta Nays: Trustee Larry Weniger 8.4 VILLAGE OF BREEDSVILLE DOMESTIC PET AND ANIMAL CONTROL Moved by Trustee Larry Weniger, seconded by Trustee William "Billy" Yeager, Motion to adopt Ordinance as presented Carried by the following votes: Ayes: Trustee William "Billy" Yeager, Trustee Larry Weniger, Trustee Bruce Hibma, Trustee Tim Weniger, and President Steven Rogusta 8.5 VILLAGE OF BREEDSVILLE EXCESSIVE NOISE ORDINANCE Moved by Trustee Larry Weniger, seconded by Trustee William "Billy" Yeager, Motion to adopt Ordinance as presented Carried by the following votes: Ayes: Trustee William "Billy" Yeager, Trustee Larry Weniger, Trustee Bruce Hibma, Trustee Tim Weniger, and President Steven Rogusta 9. PUBLIC COMMENTS: No Comments 10. BOARD COMMENTS: 10.1 Trustee L. Weniger - Questioned what to do about all the cats running loose in the Village Trustee B. Hibma - Commented about the Pigs and the noise they make, Trustee W.Yeager - No comment Trustee T. Weniger - No comment President Rogusta's closing statement - commented about the trees in the park, thanks to Steve Markovich for helping hang the Christmas lights. Thanks to all board members that came and helped prepare the Christmas light. Board Members requested that outside grows to be on next month's agenda for discussion. 11. FINAL ANNOUNCEMENTS: Next Meeting January 4, 2022 @ 7:00pm - Budget Review @ 6:30pm Page Page53ofof21 4 12. ADJOURNMENT 12.1 Adjournment Moved by Trustee Larry Weniger, seconded by Trustee William "Billy" Yeager, Motion to adjourn at 8:46 pm Carried by the following votes: Ayes: Trustee William "Billy" Yeager, Trustee Larry Weniger, Trustee Bruce Hibma, Trustee Tim Weniger, and President Steven Rogusta Page Page64ofof21 4  Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 Special Meeting Minutes Monday, December 13, 2021 6:00 PM Village Hall 1. CALL TO ORDER: called to order @ 7:00 pm 2. ROLL CALL: PRESENT: Trustee Larry Weniger, Trustee Tim Weniger, Trustee William "Billy" Yeager, Trustee Bruce Hibma, and President Steven Rogusta, Clerk Linda Norton EXCUSED: 3. NEW BUSINESS: 3.1 Capital Asset Management and Planning Webinar: Webinar was reviewed by all 4. PUBLIC COMMENTS: No comments 5. BOARD COMMENTS: 5.1 Trustee L. Weniger - no comment Trustee W. Yeager - no comment Trustee B. Hibma - no comment Trustee T. Weniger - no comment President Rogusta closing statement - no comment 6. ADJOURNMENT 6.1 Adjournment Motion to adjourn at 7:45 pm Carried Page Page71ofof21  Village of Breedsville breedsvilleclerk@gmail.com Clerk’s Report Bills Paid January 4, 2022 General Funds Company Name Amount PD CK # Explanation 1 Consumers $320.01 Auto Village Hall Utilities Due Jan 12, 2022 2 Consumers $415.74 Auto Streetlights Jan, 23,2022 3 Frontier $167.81 Auto Hall Phone / Internet Due Jan 25, 2022 4 Van Buren Reminder $138.40 CK# 4569 Advertisement 5 Robert Deloof $285.00 CK# 4570 Zoning $90.00/Blight $292.50 /Supplies $14.32 6 Scott Graham PLLC $ CK# Professional Services 7 Steel center $200.00 CK# 4568 Christmas Hangers 8 Siegfried Crandall $250.00 CK# 4571 Professional Services 9 FP Mailing Solutions $68.85 CK# 4572 Postage meter 10 Paxton Media Group $132.00 CK# 4573 2 synopsis of ordinances South Haven Tribune 11 12 13 14 15 16. 17. 18. 19. 20. Deposits 1. Property taxes $147.70 2. Profit Sharing $4,171.00 3. Property taxes $1,690.81 4. Property taxes $99.93 5. Demeter Group $762.50 6. Bank Balance as of $ 12/31//2021 Savings Bank Balance as of $ 12/31/2021 OVER……………………………>, Page 8 of 21  Major Streets 1. Consumers Auto Streetlights $12.43 Jan 25, 2022 2. Consumers $111.88 Auto Streetlights LED Jan 25, 2022 3. Wightman $ CK# N Pine Street Project Van Buren Co. Road $2,239.29 CK# 0824 Hot mix Patch W. Main Deposit MTF $3,193.99 MTF ACT 51 – 11/21 Bank Balance as of $ 12/31/2021 Local Streets 1. Deposit MTF $1,090.10 MTF ACT 51 – 11/21 Bank Balance as of $ 12/31/2021 Page 2 Page 9 of 21 Monthly Report Blight DEC 2021 • C Dotson 196 e Howard St, In court Did not want to make a deal? • Spoke to the owner at 177 w main St About the motor home and he said he will move it asap Matt 269 290-4064, did not move a this time 206 S Pine St Robert Bowie is letting someone live in a travel trailer with no sewer hookup and he stated that he is now using the inside of the house I told him to remove that travel trailer as soon as possible. Robert Bowie has not complied to the complaint. Issued a citation. ! Zoning 196 E Howard Street Open Citation court 12-16-21 I told the owner that the travel trailer did not meet zoning requirements per square footage and then it would have to be removed because of the size and because there was no Boca sticker on the building. Also talked about removing the travel trailer from the site. Issued a citation Charles Dotson. • Spoke with the attorney’s office about the zoning violation with a travel trailer that 196 E Howard. Mary Harrison is cleaning up barn remanences of building on her at 138 e main St Property. Court date 1-7-2022 9:30 South Haven Bob De Looff Blight/Zoning Administrator Village of Breedsville, MI. Page 10 of 21  JANUARY COUNTY BOARD OF COMMISSIONERS’ REPORT To: Breedsville Residents From: Dick Godfrey, Chair, Van Buren Board of County Commissioners, cell: 269- 251-8342; email: GODFREYR@VANBURENCOUNTYMI.GOV NEWS FROM THE COUNTY COMMISSIONERS (Gail Patterson-Gladney, Kurt Doroh, Richard Godfrey, Mike Chappell, Randall Peat, Donald Hanson, Paul Schincariol). STATE OF EMERGENCY: Commissioners approved the extension of the County’s Declaration of a State of Emergency until June 30, 2022. This action was requested by the Van Buren/Cass County Health Department. (All public meetings must be in-person as required by the State Government.) FORMER HEALTH DEPARTMENT BUILDING: Commissioners approved permitting the County Administrator to attempt to negotiate a lease agreement with the U.S. Department of Agriculture. The building is vacant and available for lease. If an agreement can be reached it will become the home for the USDA and the Van Buren County Conservation District. V.B. PUBLIC TRANSIT AGREEMENT: Public Transit AFSCME’s Local 2628.12 agreed to extend their contract for one year with a 2% increase in compensation rather than negotiate a new 3 year agreement at this time. All County Bargaining Unit contracts are now on the same three-year cycle for negotiations. NEW POSITIONS: Commissioners approved the request from the County Treasurer to hire Larissa Storoshenko as the Tax Adjustment Specialist ($40,696.50) for her office. The new Juvenile Court Chief Probation Officer is Clint Cook. Commissioners approved a pay adjustment for this position ($66,512.00). OPIOID SETTLEMENT: Commissioners approved the request from the County Administrator for Van Buren County to file the necessary forms for the County to become eligible to receive funds from the Opioid Lawsuit. APPOINTMENTS: Commissioners approved the following appointments to various County Committees/Boards: Melanie Giddings to the Public Transit Local Advisory Council; Lisa Imler to the Land Bank Authority; Sandy Hanson to the Library Board; Gail Patterson-Gladney and Don Hanson to the Region IV Area Agency on Aging. FINAL MONTHLY REPORT: When I was elected Chair of the Board of Commissioner approximately 10 years ago, I began writing a monthly report high lighting the activities of the Board for that month. Thanks to Nancy Whaley this report was widely distributed though out the County and beyond. I shall no longer serve as Board chair so the creation of a monthly report will belong to another Commissioner, so this is my final report. Dick Godfrey Page 11 of 21 Page 12 of 21  Van Buren County Road Commission [ Week of DECEMBER 13, 2021 ] Maintenance Engineering Operations Update Update - VBCRC is taking full advantage of the nice - Tree trimming and removal in weather this week and we have three tree crews Bloomingdale Township on CR 380 from the out working in Bangor, Decatur, and Waverly Columbia Township Line to CR 665 will Townships. begin in December, as weather and contractor schedule allows. - Roadside mowing on the Primary System is almost complete – only Waverly, Lawrence, and - CR 681 from M-51 to CR 352 in Hamilton Hartford remain. Township will have trees trimmed and removed beginning in December, pending - Crews are continuing to work on shoulders and contractor availability and weather. trimming in preparation for plowing season. - The engineering department is working on - The stump grinding crew is working on logged creating estimates for projects as requested requests for removals across the county. by Townships in the 2022 Road Planning Form. - Graders are working in Almena, Geneva, and Lawrence. Miscellaneous Update - We have not yet received 2022 Road Planning Forms from Almena, Bangor, Bloomingdale, Geneva, Lawrence, Pine Grove, Porter, and Waverly Townships. As a reminder, these are due no later than December 31st. Forms can be found on our website at vbcrc.org/townshipliaison or email alyssamcandrew@vbcrc.org for a township-specific copy. Loader Removing a burned out tree trunk in Paw Paw Township Page 13 of 21  Van Buren County Road Commission [ Week of DECEMBER 27, 2021 ] Maintenance Engineering Operations Update Update - VBCRC is taking full advantage of the nice - Tree trimming and removal in weather this week and we have tree crews out Bloomingdale Township on CR 380 from the working in Pine Grove and Porter Townships Columbia Township Line to CR 665 began working on the storm clean-up log. last week and will continue as weather and contractor schedule allows. - Crews are continuing to work on shoulders and trimming in preparation for plowing season in - The engineering department is working on Bangor and Hamilton Townships on primaries. creating estimates for projects as requested by Townships in the 2022 Road Planning - In preparation of snow and ice, crews are Form. patching on local roads in Pine Grove and South Haven Townships. Miscellaneous Update - The Road Commission will be closed December 30th and 31st in observance of the New Year holidays. - We have not yet received 2022 Road Planning Forms from Porter Township. As a reminder, these are due no later than December 31st. Forms can be found on our website at vbcrc.org/townshipliaison or email alyssamcandrew@vbcrc.org for a township-specific copy. ready for snow this week! Page 14 of 21  Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 RESOLUTION 2022-26 A RESOLUTION ESTABLISHING THE TERMS FOR THE PRESIDENT AND TRUSTEES OF THE VILLAGE OF BREEDSVILLE WHEREAS, the Village of Breedsville is a Michigan General Law Village established and operated pursuant to Public Act 3 of 1895, as amended. WHEREAS, the Village Council (“Council”) of the Village of Breedsville is comprised of a Village President and four Trustees. WHEREAS, the Council has determined that the Council will better function if the terms for elected officials are modified in conformance with PA 3 of 1895. NOW, THEREFORE, BE IT RESOLVED: that the Village President shall be elected for a term of 4 years. IT IS FURTHER RESOLVED that 3 of the Trustee offices shall be for 4 years each, and shall be subject to staggered terms with one Trustee being elected in one biennial election and trustees being elected in the other biennial election. IT IS FURTHER RESOLVED that the current President's term will be extended until 2024 IT IS FURTHER RESOLVED that one Trustee shall be elected for a term of 2 years. IT IS FURTHER RESOLVED that the terms of officers shall not be set in a manner that violates the provisions of PA 3 of 1895. PASSED AND APPROVED by the Village Board of the Village of Breedsville on this 07 day of June 7, 2022 CERTIFICATION I further certify that trustee William Yeager moved for adoption of said Resolution 2022- 26, and that trustee Bruce Hibma, seconded said motion. I further certify that the following members voted for the adoption of said Resolution: 2022- 26 and that the following members W. Yeager, B. Hibma, L. Weniger, S. Rogusta voted for such Resolution: Absent T. Weniger No board members voted against such Resolution. RES 2022-26 Page 15 of 21 I further certify that said Resolution No 2022-26 has been recorded in the Resolution 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 RES 2022-26 Page 16 of 21  Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 ORDINANCE 2022-01 2022 AMENDMENT TO MARIJUANA ORDINANCES 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 marijuana businesses and licensees in the Village, and to amend all ordinance provisions and terms that are inconsistent with this amended ordinance. THE VILLAGE OF BREEDSVILLE, VAN BUREN COUNTY, MICHIGAN ORDAINS: SECTION 1: Title This ordinance shall be known and cited as the 2022 Amendment to Marijuana Ordinances. SECTION 2: Purpose The Village hereby finds that its current marijuana ordinances (Nos. 16-120319, 050917.1, as amended, and 051016) should be amended to clarify license transfer provisions and to clarify the manner in which marijuana shall be grown and screened in the Village. SECTION 3: License Transfer No marijuana business license issued by the Village of Breedsville shall be transferred unless the Village Council has approved the transfer. Approval shall not be considered until the proposed transferee has filed with the Village all applications and supporting documents required from the licenses applicant and has paid a transfer fee of $5,000. Both the proposed transferor and transferee shall provide to the Village all additional documents, information, and materials that the Village determines it requires in order to evaluate any request for transfer. The Village shall have the sole discretion to grant or deny any application for a permit. Any permit issued under this section shall apply only to those noises prohibited under subsections (b)(2) and (b)(4) above. Any permit issued by the Village shall specify the date, time, location, and duration of the permitted activity. The Village may impose such other restrictions or conditions upon the issuance of such permit as it may deem appropriate and/or necessary in the interests of the public health and welfare, including a bond. ORD 2022-01 Page 17 of 21 SECTION 4: Prohibition on Outdoor Growing and Requirements for Screening No commercial marijuana growing shall occur outdoors in the Village unless the license authorizing such growing shall be grandfathered because Village permission for outdoor growing was granted based on an application filed during 2018 or earlier. All outdoor growing shall be surrounded by pine trees, or another barrier specifically approved by the Village. Pine trees, when planted, shall be at least six feet in height. CERTIFICATION I further certify that trustee L. Weniger moved for adoption of said Ordinance 2022-01, and that trustee B. Hibma, seconded said motion. I further certify that the following members voted for the adoption of said Ordinance: and that the following members voted against such Ordinance: Ayes: Trustee Larry Weniger, Trustee Tim Weniger, President Steven Rogusta, and Trustee Bruce Hibma PASSED AND APPROVED by the Village Board of the Village of Breedsville on this 04 day of December 2022 I further certify that said Ordinance No 2022-01 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 2022-01, in accordance with statutory requirements, was published on 16th day of January 2022 in the South Haven Tribune, a copy of which is attached hereto. Linda Norton Village of Breedsville, Clerk ORD 2022-01 Page 18 of 21 ORD 2022-01 Page 19 of 21  Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 RESOLUTION 2022-01 A RESOLUTION REGARDING THE ANNUAL APPOINTMENT OF A PRESIDENT PRO-TEM AND OTHER NON-STATUTORY OFFICERS WHEREAS, the Village of Breedsville is a Michigan General Law Village established and operated pursuant to Public Act 3 of 1895, as amended. WHEREAS, the Village Council (“Council”) of the Village of Breedsville is comprised of a Village President and four Trustees. WHEREAS, the Council has determined that the Council will better function if all Trustees have the opportunity to serve as non-statutory officers. WHEREAS, such service shall allow all Trustees to have better exposure to the operation of the Village and the application of state statutes and village Resolutions. WHEREAS, the only non-statutory officer presently designated is the President pro tempore. WHEREAS, other non-statutory officers may be established from time to time as the Council determines to be appropriate. NOW, THEREFORE, BE IT RESOLVED that during the first regularly scheduled meeting of each calendar year, the Council shall elect a President pro tempore and any other non- statutory officers that the Council determines to be necessary and appropriate. IT IS FURTHER RESOLVED that the President pro tempore is authorized to sign Village checks as a second signatory. IT IS FURTHER RESOLVED that Trustees serving as President pro tempore shall rotate every year unless rotation is not feasible. IT IS FURTHER RESOLVED that other non-statutory officers shall rotate when the Council determines it is appropriate PASSED AND APPROVED by the Village Board of the Village of Breedsville on this 07 day of JANUARY 2022 RES 2022-01 Page 20 of 21  CERTIFICATION I further certify that trustee B. Hibma moved for adoption of said Resolution 2022-01 and that trustee L. Weniger, seconded said motion. I further certify that the following members voted for the adoption of said Resolution: and that the following members voted against such Resolution: Ayes: Trustee Larry Weniger, Trustee Tim Weniger, President Steven Rogusta, and Trustee Bruce Hibma I further certify that said Resolution NO 2022-01 has been recorded in the Resolution 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 Linda Norton Steven Rogusta, Village President Village of Breedsville, Clerk RES 2022-01 Page 21 of 21