Regular Meeting

Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 Regular Meeting Agenda Tuesday, September 5, 2023 - 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 3-5 Regular Meeting - 01 Aug 2023 - Minutes - Pdf 5.2 Expenditures 6 - 10 General Account check detail Aug Sept. 23 General Account deposit detail Aug Sept 2023 Major Road Check Detail Aug Sept 2023 Major Road Deposit Aug Sept 2023 6. REPORTS: 6.1 Sheriff Deputy/ Fire Dept 6.2 VBC Commissioner (Kurt Doroh) 11 - 16 County commissioners Meeting 8.22.2023 pdf 6.3 Blight & Zoning Report 17 Agenda Item Report - AIR-23-010 - Pdf 7. UNFINISHED BUSINESS: 7.1 Hunting Ordinance 2023-09 18 Hunting Ordinance. Draft pdf 8. NEW BUSINESS: 8.1 Speed sign run over on W. Main St. - W. of Pine St. 8.2 Halloween trick or treating date and time/candy/advertisement. 8.3 Bank Account Bridge 8.4 Snow Plowing for the season 2023/2024 Page 1 of 18  8.5 Road Patching 8.6 Dix Road 9. PUBLIC COMMENTS: 10. BOARD COMMENTS: 10.1 Trustee L. Weniger Trustee P. Cooley Trustee T. Weniger Trustee W. Yeager President Rogusta 11. FINAL ANNOUNCEMENTS: Next Meeting Oct 3, 2023 @ 7:00 pm 12. ADJOURNMENT 12.1 Adjournment Page 2 of 18  Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 Regular Meeting Minutes Tuesday, August 1, 2023 7:00 PM 1. CALL TO ORDER: Call to order @ 7:00pm 2. PLEDGE OF ALLEGIANCE: Led by all 3. ROLL CALL: PRESENT: Trustee Larry Weniger, Trustee - Pro Temp William "Billy" Yeager, Trustee Tim Weniger, Trustee Paul Cooley, and President Steven Rogusta, EXCUSED: 4. AGENDA 4.1 Agenda presented for approval Moved by Trustee - Pro Temp William "Billy" Yeager, seconded by Trustee Larry Weniger, Motion to approve as presented Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee - Pro Temp William "Billy" Yeager, Trustee Tim Weniger, Trustee Paul Cooley, and President Steven Rogusta 5. CONSENT AGENDA: 5.1 Minutes from the previous meetings Moved by Trustee - Pro Temp William "Billy" Yeager, seconded by Trustee Tim Weniger, Motion to approve as presented. Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee - Pro Temp William "Billy" Yeager, Trustee Tim Weniger, Trustee Paul Cooley, and President Steven Rogusta Page Page31ofof18 3  5.2 Expenditures Moved by Trustee Larry Weniger, seconded by Trustee Paul Cooley, Motion to approve expenditures as presented. Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee - Pro Temp William "Billy" Yeager, Trustee Tim Weniger, Trustee Paul Cooley, and President Steven Rogusta 6. REPORTS: All reports on file 6.1 Sheriff Deputy 6.2 VBC Commissioner (Kurt Doroh) 6.3 ZONING Report 7. UNFINISHED BUSINESS: No unfinished business. 8. NEW BUSINESS: 8.1 County Drain Dix Road - Road Damage Moved by Trustee Larry Weniger, seconded by Trustee Paul Cooley, Motion to have attorney issue a letter to the County Drain commission. Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee - Pro Temp William "Billy" Yeager, Trustee Tim Weniger, Trustee Paul Cooley, and President Steven Rogusta 8.2 Building Inspector Moved by Trustee - Pro Temp William "Billy" Yeager, seconded by Trustee Larry Weniger, Motion to hire Diamond Handyman LLC, Richard McGrew as building inspector. Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee - Pro Temp William "Billy" Yeager, Trustee Tim Weniger, Trustee Paul Cooley, and President Steven Rogusta 9. PUBLIC COMMENTS: 10. BOARD COMMENTS: 10.1 Trustee L. Weniger - Dix road issue Trustee P. Cooley - Lights on barrels for the barrels on the road Trustee T. Weniger - nothing Page Page42ofof18 3  Trustee Yeager - nothing President Rogusta - 11. FINAL ANNOUNCEMENTS: no final announcements 12. ADJOURNMENT 12.1 Adjournment Moved by Trustee Larry Weniger, seconded by Trustee - Pro Temp William "Billy" Yeager, Motion to adjourn at 7:30 pm Carried by the following votes: Ayes: Trustee Larry Weniger, Trustee - Pro Temp William "Billy" Yeager, Trustee Tim Weniger, Trustee Paul Cooley, and President Steven Rogusta Page Page53ofof18 3 2:16 PM General Fund 09/03/23 Check Detail August 9 through September 6, 2023 Type Num Date Name Account Paid Amount Check EFT 08/24/2023 CONSUMERS... 000.001 · Cash 441.921 · Stre... -364.31 TOTAL -364.31 Check 4736 09/05/2023 Tiffany Clodfe... 000.001 · Cash 215.703 · Sala... -92.35 TOTAL -92.35 Check 4737 09/05/2023 Paul Cooley 000.001 · Cash 101.702 · Sala... -263.20 TOTAL -263.20 Check 4738 09/05/2023 Larry Weniger 000.001 · Cash 101.702 · Sala... -138.52 TOTAL -138.52 Check 4739 09/05/2023 William Yeager 000.001 · Cash 101.702 · Sala... -138.52 TOTAL -138.52 Check 4740 09/05/2023 Steven Rogusta 000.001 · Cash 101.702 · Sala... -263.20 TOTAL -263.20 Check 4741 09/05/2023 Linda Norton 000.001 · Cash 215.702 · Sala... -923.52 TOTAL -923.52 Check 4743 09/05/2023 Tim Weniger 000.001 · Cash 101.702 · Sala... -283.97 TOTAL -283.97 Check 4743 09/05/2023 ROBERT DE ... 000.001 · Cash 101.807 · Bligh... -90.00 101.808 · Zoni... -270.00 TOTAL -360.00 Check 4744 09/05/2023 VAN BUREN ... 000.001 · Cash 101.900 · Print... -138.40 TOTAL -138.40 Page 1 Page 6 of 18 2:16 PM General Fund 09/03/23 Check Detail August 9 through September 6, 2023 Type Num Date Name Account Paid Amount Check 4745 09/05/2023 LANDERS HA... 000.001 · Cash 751.930 · Main... -77.78 TOTAL -77.78 Check 4746 09/05/2023 CHUCK MOO... 000.001 · Cash 101.805 · Build... -90.00 TOTAL -90.00 Check 4747 09/05/2023 STATE OF MI... 000.001 · Cash 441.804 · SIB ... -13,853.83 TOTAL -13,853.83 Page 2 Page 7 of 18  2:26 PM General Fund 09/03/23 Deposit Detail August 2 through September 30, 2023 Type Num Date Name Account Amount Deposit 08/16/2023 000.001 · Cash 90.00 CHUCK MOORE 000.484 · Buildin... -90.00 TOTAL -90.00 Deposit 08/16/2023 000.001 · Cash 1,039.07 SUMMER TAXES 000.403 · Current... -1,039.07 TOTAL -1,039.07 Page 8 of 18 Page 1 2:30 PM Major Streets 09/03/23 Check Detail August 2 through September 6, 2023 Type Num Date Name Account Paid Amount Original Amo... Check EFT 08/23/2023 CONSUMERS... 000.001 · Che... -12.17 441.921 · Stre... -12.17 12.17 TOTAL -12.17 12.17 Check EFT 08/23/2023 CONSUMERS... 000.001 · Che... -187.16 441.921 · Stre... -187.16 187.16 TOTAL -187.16 187.16 Check Tra... 08/27/2023 STATE OF MI... 000.001 · Che... -1,267.97 000.574 · Act 51 -1,267.97 1,267.97 TOTAL -1,267.97 1,267.97 Page 1 Page 9 of 18 2:31 PM Major Streets 09/03/23 Deposit Detail August 2 through September 6, 2023 Type Num Date Name Memo Amount Deposit 08/03/2023 Deposit 4,973.10 STATE OF MIC... June 2023 MTF -4,973.10 TOTAL -4,973.10 Page 1 Page 10 of 18  Commissioners Gail Patterson-Gladney, District 1 G c Mike Chappell, District 2 7“ MWUTES Kurt Doroh, District 3 Board of Commissioners Chambers Richard Godfrey District 4 219 535* Paw Paw SW9“-1 Randall Peat, District 5 Tina Leary, District 6 Paul Schincariol, District 7 August 22, 2023 Board of Commissioners Meeting Call to Order On the above date the regular meeting of the Board of Commissioners was called to order at 02:30 PM by Randall Peat, Chairman of the Board. Recital of the Pledge of Allegiance / Prayer Invocation given by Commissioner Doroh. Roll Call The roll call was called by Chief Deputy Clerk Beth Saidla with the following commissioners answering to their name and district: Gail Patterson-Gladney, Mike Chappell, Kurt Doroh, Richard Godfrey, Randall Peat, Tina Leary, Paul Schincariol. Additions/Deletions to the Agenda Deletion BA. Presentation of Judge Baillargeon - Regional Veteran's Treatment Court. Addition QB. Early Voting Grant Application Approval of Agenda All items on the agenda marked with are part of the consent agenda. '**' Commissioners or the public can request that items be removed from the consent agenda. Motion to approve the agenda as amended. Motion by Mike Chappell, Second by Richard Godfrey, Carried Approval of Minutes A. “August 8th, 2023 Board of Commissioners Meeting Minutes Motion by Mike Chappell, Second by Richard Godfrey, Carried Public Comment Presentation A. Judge Baillargeon - Regional Veteran's Treatment Court This item was removed from the agenda. Administrative Affairs A. “Materials Management Planning Update EO(‘/0003 (6/25/21) Page 11 of 18  ADMINISTRATIVE AFFAIRS RESOLUTION A45I8-22-2023 WHEREAS, the request is to hear a presentation from the Van Buren Conservation District and Southwest Michigan Planning Commission regarding Materials Management Planning opportunities and requirements. To consider how Van Buren County may or may not engage neighboring counties in the planning process and how the County will complete the attached Notice of Intent, and; WHEREAS, Michigan’s Solid Waste Program has recently been updated with the passage of signi?cant amendments to Part 115, Solid Waste Management, of the Natural Resources and Environmental Protection, 1994 PA 451, as amended (Part 115). These changes were signed into law in December 2022 and became effective on March 29, 2023. The EGLE Director will initiate the MMP development process in September 2023, as required by Part 115. Once the process is initiated, the law establishes deadlines for plan development and local approvals, and; NOW, THEREFORE BE IT RESOLVED, that the Van Buren County Board of Commissioners approves the joining in a multi-county plan with Berrien and Cass Counties with the Southwest Michigan Planning Commission as the Designated Planning Agency. Motion by Mike Chappell, Second by Richard Godfrey, Carried B. Early Voting Grant Application ADMINISTRATIVE AFFAIRS RESOLUTION A46I8-22-2023 WHEREAS, the request is to authorize, at the August 22, 2023, Board of Commissioners meeting, the Clerk to submit the Early Voting Grant Application and for the Board Chair to sign the appropriate documents on the Board's behalf, and; WHEREAS, because the application was just released with a due date of September 8, 2023, we are requesting an expedited approval at today's August 22, 2023, Board Meeting, and; WHEREAS, there is no impact to the General Fund. The grant is to subsidize costs necessary to accommodate early voting requirements such as the renovations we are doing to create county-wide polling site, and; NOW, THEREFORE BE IT RESOLVED, the Clerk is authorized to submit the Early Voting Grant Application and the Board Chair is authorized to sign the appropriate documents on the Board's behalf. Motion by Gail Patterson-Gladney, Second by Kurt Doroh, Carried 10. Buildings and Grounds A. “Use of County Property ~ Courtside Ministries BUILDING 8. GROUNDS RESOLUTION B14I8-22-2023 WHEREAS, the request is to consider granting permission to Courtside Ministries to use space on County property for religious purposes, starting August 30, 2023 through November 30, 2023, and; WHEREAS, Courtside Ministries is a prayer ministry in various States that sets up a table outside of courthouses to offer prayers for those who wish to utilize their services. They have asked for permission to set up a table on County property outside of the Courthouse on Wednesday mornings 8:30 am to 12 noon. Typically, requests from non-profit entities are placed in the County Park, and; NOW, THEREFORE BE IT RESOLVED, that the Van Buren County Board of Commissioners approves the use of County property to Courtside Ministries starting August 30, 2023 through November 30, 2023. Motion by Mike Chappell, Second by Richard Godfrey, Carried B. Use of County Property - Grape Lake 5K Race - EXPEDITED ED?/0003 (6/25/21) Page 12 of 18  BUILDING 8. GROUNDS RESOLUTION B15I8-22-2023 WHEREAS, there has been a request for the use of the Human Services East parking lot located at 801 Hazen Street, Paw Paw, during the Wine and Harvest Festival for the annual Grape Lake 5K Run/Walk on September 9th, 2023 from approximately 6:00AM - 4:00PM, and; WHEREAS, this annual event is sponsored by Freshwater Church. They will hold the registration for the event in the parking lot of the 801 Hazen Street parking lot. They estimate that they should be done with the area at 4:00 PM. They have event insurance coverage. Race registration will be set up in front of the Community Mental Health building, and; WHEREAS, the request is expedited because they just submitted this today and this is the last meeting before the festival, and; NOW, THEREFORE BE IT RESOLVED, that the Van Buren County Board of Commissioners approves the use of the Human Services East parking lot located at 801 Hazen Street, Paw Paw, during the Wine and Harvest Festival for the annual Grape Lake 5K Run/Walk on September 9th, 2023 from approximately 6:00AM 4:00PM.- Motion by Tina Leary, Second by Paul Schincariol, Carried 11. Finance A. “Claims CLAIMS RESOLUTION C10IB-22-2023 WHEREAS, claims in the amount of $4,966,193.48 for July 2023 were submitted and reviewed, and; NOW, THEREFORE BE IT RESOLVED, that the Van Buren County Board of Commissioners approves the total claims in the amount of $4,966,193.48 for the month of July 2023. Motion by Mike Chappell, Second by Richard Godfrey, Carried B. “Auction of County Property - Liquidation of County Vehicles FINANCE RESOLUTION F2918-22-2023 WHEREAS, there has been a request for the Board to approve the disposal of a 2013 Dodge Caravan, a 2013 Ford Van, and two 2008 Ford Pickup Trucks through the Biddergy Auction site, and; WHEREAS, the sheriffs of?ce purchased a 2013 Dodge Caravan (VIN: 2c4rdgb8dr659423) for use within our undercover narcotics division. This vehicle is now past the life expectancy of the vehicle, and it is not cost effective to repair, and; WHEREAS, the three remaining vehicles were in the possession of the Buildings and Grounds department. The 2013 Ford Van (Vin: 1FTNE2EW6DDA29940), and both 2008 Ford Pickup Trucks (VIN: 1FTFP14V88FB61584 and VIN: 1FTRX14W38FA84B85) are in very bad condition, and; NOW, THEREFORE BE IT RESOLVED, that the Van Buren County Board of Commissioners approves the sale of the 2013 Dodge Caravan (VIN: 2a1rdgb8dr659423), the 2013 Ford Van (VIN: FTNE2EW6DDA29940), and both 2008 Ford Pickup Trucks (VIN: 1FTFP14V88FB61584 and VIN: 1FTRX14W38FA84685) to Biddergy. Motion by Mike Chappell, Second by Richard Godfrey, Carried C. “Amended DHS-2091 FINANCE RESOLUTION F3018-22-2023 WHEREAS, there has been a request for the Board to approve the amendment to the Child Care Fund Annual Plan & Budget to coverjuvenile detention costs, and; WHEREAS, detention costs have returned to pre-covid levels and have continued to ED?/0003 (6/25/21) Page 13 of 18  increase due to lengthy placements while waiting for residential treatment beds (statewide shortage), and; WHEREAS, expenditures for juvenile detention have exceeded the budgeted amount. Signature of the amended DHS-2091 will allow us to continue to bill the State for 50% reimbursement from the childcare fund, and; WHEREAS, amendments MUST be submitted by 8/30/2023, and; NOW, THEREFORE BE IT RESOLVED, that the Van Buren County Board of Commissioners approves the amendment to the Child Case Fund Annual Plan & Budget to cover Juvenile detention costs and authorize the Board Chair to sign the appropriate documents. Motion by Mike Chappell, Second by Richard Godfrey, Carried D. “Purchase of Patrol Vehicles for the 2023-2024 Fiscal year FINANCE RESOLUTION F3118-22-2023 WHEREAS, there has been a request for the Board to approve the purchase of 8 patrol vehicles for the 2023-2024 fiscal year not to exceed $500,000.00, and; WHEREAS, with the supply chain issues that face our nation, the four vehicles we ordered for this fiscal year will not be delivered, and; WHEREAS, we typically budget for 4 vehicles per year, and; WHREAS, in order to stay current with our vehicle replacement plan we must order 8 vehicles this year, and; WHEREAS, unspent funds from 2022-2023 for 4 vehicles will be rolled over into 2023- 2024 and funds for additional 4 vehicles will be budgeted in 2023-2024, and; NOW, THEREFORE BE IT RESOLVED, that the Van Buren County Board of Commissioners approves the request to purchase 8 patrol vehicles for the 2023-2024 ?scal year not to exceed $500,000.00. Motion by Mike Chappell, Second by Richard Godfrey, Carried 12. Labor, Negotiations, and Contracts A. “District Court Deputy Clerk - Salary Exception LABOR RESOLUTION L34I8-22-2023 WHEREAS, there has been a request to approve the starting salary exception for the District Court Deputy Clerk position at the R20 C step ($18.50 per hour) at the August 22nd, 2023 Board of Commissioners meeting, and; WHEREAS, the chosen candidate has several years of experience working in a District Court Criminal Department. She brings considerable experience and skills that would be bene?cial to the District Court. Over the last month, District Court East has had two long- term employees leave, so the knowledge this new candidate brings will be very helpful, and; NOW, THEREFORE BE IT RESOLVED, that the Van Buren County Board of Commissioners approves the starting salary exception for the new District Court Deputy Clerk at the R20 C step at the August 22nd, 2023 Board of Commissioners meeting. Motion by Mike Chappell, Second by Richard Godfrey, Carried 13. Public Transit 14. Veterans Services 15. Chairman's Update ED?/0003 (6/25/21) Page 14 of 18  A. Elected Officials/BoC Compensation o Commissioners discussed and decided reports on out board assignments will be added back to the agenda. a Discussion among commissioners about eliminating per diems and going to salary. Chairman Peat is going to reach out to surrounding Counties that have already implemented this process to get some thoughts and feedback. a Discussion of the dif?culty that the Health Department is having ?nding medically trained employees. Chairman Peat and Commissioner Leary will update the Board after meeting next week with possible ideas about how to proceed with this issue. a Administrator Faul Presented on behalf of HR Director Anna Cerven regarding an increase for elected of?cials & BOC compensation. The board discussed it brie?y and will make a decision before the April deadline. B. ARPA Update Administrator Faul gave ARPA fund update regarding possible projects for the Board to consider. The board discussed leasing the Hartford building to USDA. The upfront cost for the remodel is $900,000. That money would be returned in the next 5 years with the lease. Administrator Faul is to start to prepare the paperwork to begin to move forward with starting the lease agreement. 16. Board Correspondence A. Livingston County Board Resolution B. Kalkaska County Board Resolution 17. Closed Session 18. Public Comment 19. Adjournment The meeting was adjourned at 3:17 PM . Randall Peat, chairperson Beth Saidla, Chief Deputy clerk ED?/0003 (6/25/21) Page 15 of 18 BOK‘/0003 (6/25/21) Page 16 of 18  AGENDA ITEM REPORT Meeting Date: September 05, 2023 Staff Contact: Robert Delooff, Blight/Zoning Administrator Department: Other Subject: Blight & Zoning Background Information: On 5 September, I have a court hearing with the residence at 196 is Howard Street for Blight and we’re going to address the zoning to see if they really are renting or buying this property. We have Three properties in the village that have been purchased by new people two from the auction and one - 14 acres for sale on the East of end of the Village by the powerlines. Bob Delooff, Zoning Administrator Ordinance Enforcement Page 17 of 18  Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 ORDINANCE 2023-09 ORDINANCE PROHIBITING HUNTING WITHIN THE VILLAGE An ordinance to secure the public health, safety, and welfare of the residents and property owners of the Village of Breedsville, Michigan, through the prohibition of hunting within the Village; to provide penalties for the violation thereof and to repeal all ordinances or parts of ordinances in conflict therewith. THE VILLAGE OF BREEDSVILLE, VAN BUREN COUNTY, MICHIGAN ORDAINS: SECTION 1. TITLE AND DESIGNEE This ordinance shall be known and cited as the Village of Breedsville Hunting Ordinance. SECTION 2. HUNTING PROHIBITED It shall be unlawful for any person or persons to hunt with firearms, bow and arrow, crossbow, or any other weapon in or upon the lands of the Village. SECTION 3. PENALTIES A violation of this Ordinance shall be punishable by a fine of $500 and/or a jail term of up to 93 days. ORD 2023-09 Page 18 of 18