Regular Meeting

Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 Regular Meeting Agenda Tuesday, October 8, 2024 - 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 3-6 Regular Meeting - 10 Sep 2024 - Minutes - Pdf 5.2 Expenditures 7 - 11 General Fund Check Detail Sep-Oct 2024 General Fund Deposit Detail Sept-Oct 2024 Major St. Check Detail Sept-Oct 2024 Major St. Deposit Sept-Oct 2024 Local Streets Deposit Detail Sept-Oct 2024 6. REPORTS: 6.1 VBC Commissioner (Kurt Doroh) 7. UNFINISHED BUSINESS: 7.1 Chicken ordinance 12 - 13 Output Document (2024-90) (2) - Pdf 8. NEW BUSINESS: 8.1 Horizon Broadband 8.2 Park playground equipment 9. PUBLIC COMMENTS: 10. BOARD COMMENTS: 10.1 Trustee L. Weniger Trustee C. Leon Trustee P. Cooley Trustee T. Weniger Page 1 of 13  President Rogusta 11. CLOSED SESSION 11.1 OPEN MEETINGS ACT (EXCERPT) Act 267 of 1976 MCL 15.268E Closed session under MCL 15.268E regarding trial or settlement strategy in connection with pending litigation with the EGLE 12. FINAL ANNOUNCEMENTS: Next Meeting November 12, 2024 @ 7:00 pm 13. ADJOURNMENT 13.1 Adjournment Motion to adjourn at ______pm Page 2 of 13  Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 Regular Meeting Minutes Tuesday, September 10, 2024 7:00 PM Village Hall 1. CALL TO ORDER: Call to order @ 7:00 pm 2. PLEDGE OF ALLEGIANCE: Led by all 3. ROLL CALL: PRESENT: Trustee Tim Weniger, Trustee Paul Cooley, Trustee Larry Weniger, and President Steven Rogusta, EXCUSED: Trustee Cesar Leon 4. AGENDA 4.1 Agenda presented for approval Moved by Trustee Larry Weniger, seconded by Trustee Paul Cooley, Motion to accept agenda as presented Carried by the following votes: Ayes: Trustee Tim Weniger, Trustee Paul Cooley, Trustee Larry Weniger, and President Steven Rogusta 5. CONSENT AGENDA: 5.1 Minutes from the previous meetings Moved by Trustee Larry Weniger, seconded by Trustee Tim Weniger, Motion to approve minutes from previous meeting as presented Carried by the following votes: Ayes: Trustee Tim Weniger, Trustee Paul Cooley, Trustee Larry Weniger, and President Steven Rogusta 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 Tim Weniger, Trustee Paul Cooley, Trustee Larry Weniger, and President Steven Rogusta 6. REPORTS: All reports on file 6.1 VBC Commissioner (Kurt Doroh) 6.2 Mechanical Inspector 6.3 ZONING & BLIGHT Page Page31ofof13 4 7. UNFINISHED BUSINESS: 7.1 Internet and Phone MEC - $100.00 connection $70.00 month for internet and $39.99 for phone plus taxes Approx $125.00 per month Moved by Trustee Larry Weniger, seconded by Trustee Paul Cooley, Motion to go forward with this service Carried by the following votes: Ayes: Trustee Tim Weniger, Trustee Paul Cooley, Trustee Larry Weniger, and President Steven Rogusta 7.2 Chicken ordinance First read No action was taken on this ordinance's first read. discussion on this ordinance and some changes made will be readdressed at the next meeting 8. NEW BUSINESS: 8.1 Mechanical Inspector Moved by Trustee Larry Weniger, seconded by Trustee Paul Cooley, the motion was to accept the change in the mechanical inspector to Mr. Devisser Jr. Carried by the following votes: Ayes: Trustee Tim Weniger, Trustee Paul Cooley, Trustee Larry Weniger, and President Steven Rogusta 8.2 W. Main St. Road Bid Moved by Trustee Larry Weniger, seconded by Trustee Tim Weniger, Motion to accept Bid from Krohn’s for the crushing and reshaping and asphalt of W. Main in the amount of $154,700.00. Carried by the following votes: Ayes: Trustee Tim Weniger, Trustee Paul Cooley, Trustee Larry Weniger, and President Steven Rogusta 8.3 Halloween Hours Thursday Oct 31, 2024, 5-7 pm (Bangor) Carried Moved by Trustee Larry Weniger, seconded by Trustee Paul Cooley, Motion to set hours same as Bangor to purchase Candy NTE $100.00 Carried by the following votes: Ayes: Trustee Tim Weniger, Trustee Paul Cooley, Trustee Larry Weniger, and President Steven Rogusta 8.4 Village Comments Attorney, clarified the difference in harassment/stalking comments made against the Village elected officials & Village employees. 9. PUBLIC COMMENTS: 9.1 Cary Lambrix - 58 N. Pine St. Complained about someone calling the police on him taking pictures of the road. He wanted to know who the road commissioner for the Village was and the subcontractor for Krohn's on-the-road repairs. Page Page42ofof13 4 10. BOARD COMMENTS: 10.1 Trustee L. Weniger - Motion for the Attorney to contact Railroad by letter for the repairs as they have not responded to the calls made to have repairs done P. Cooley second that motion. Ayes: L. Weniger, P. Cooley, T. Weniger, S. Rogusta. Absent C. Leon Trustee P Cooley - No comment Trustee C. Leon - Absent Trustee T. Weniger - No Comment President Rogusta - Sign for the south park located for the park committee to hang sign back up. 11. CORRESPONDENCES on file 11.1 Road Commission Correspondence 11.2 VB Conservation Correspondence 12. FINAL ANNOUNCEMENTS: 13. CLOSES SESSION 13.1 Contract for Village Clerk/Treasurer Moved by Trustee Larry Weniger, seconded by Trustee Tim Weniger, Letter received from Clerk requesting to go into Closed Session to discuss employee agreement. Motion to go into closed session at 7:47pm Requested by employee to go into closed secession Carried by the following votes: Ayes: Trustee Tim Weniger, Trustee Paul Cooley, Trustee Larry Weniger, and President Steven Rogusta Moved by Trustee Paul Cooley, seconded by Trustee Larry Weniger, Motion to come out of closed session and into open session @ 8:11pm Carried by the following votes: Ayes: Trustee Tim Weniger, Trustee Paul Cooley, Trustee Larry Weniger, and President Steven Rogusta Moved by Trustee Larry Weniger, seconded by Trustee Paul Cooley, Motion for a new employee agreement/contract 5 years start date 9/10/2024 contract ending 9/10/2029. Carried by the following votes: Ayes: Trustee Tim Weniger, Trustee Paul Cooley, and Trustee Larry Weniger Abstain: President Steven Rogusta Moved by Trustee Larry Weniger, seconded by Trustee Tim Weniger, Motion if the clerk is terminated for no cause the clerk will be protected against political firing. terms of no cause termination clerk will be paid the sum of $17,500.00 Carried by the following votes: Ayes: Trustee Tim Weniger, Trustee Paul Cooley, and Trustee Larry Weniger Abstain: President Steven Rogusta Page Page53ofof13 4  Moved by Trustee Larry Weniger, seconded by Trustee Tim Weniger, Motion authorizing the pro-temp to sign the agreement/contract for the Clerk Carried by the following votes: Ayes: Trustee Tim Weniger, Trustee Paul Cooley, and Trustee Larry Weniger Abstain: President Steven Rogusta 14. ADJOURNMENT 14.1 Adjournment Moved by Trustee Larry Weniger, seconded by Trustee Paul Cooley, Motion to adjourn at 8:17 pm Carried by the following votes: Ayes: Trustee Tim Weniger, Trustee Paul Cooley, Trustee Larry Weniger, and President Steven Rogusta Page Page64ofof13 4  5:29 PM General Fund 10/06/24 Check Detail September 11 through October 7, 2024 Type Num Date Name Item Account Paid Amount Original Amount Check 09/30/2024 000.001 · Cash -1.08 101.955 · Bankin... -1.08 1.08 TOTAL -1.08 1.08 Check EFT 09/12/2024 MEC 000.001 · Cash -100.00 270.950 · Phone ... -100.00 100.00 TOTAL -100.00 100.00 Check 4837 10/06/2024 VAN BUREN RE... 000.001 · Cash -173.00 101.900 · Printing... -173.00 173.00 TOTAL -173.00 173.00 Check 4838 10/06/2024 ROBERT DE LO... 000.001 · Cash -170.00 101.807 · Blight ... -170.00 170.00 TOTAL -170.00 170.00 Check 4839 10/06/2024 FP Mailing Solut... 000.001 · Cash -68.85 215.726 · Supplies -68.85 68.85 TOTAL -68.85 68.85 Check 4840 10/06/2024 SIEGFRIED CRA... 000.001 · Cash -4,200.00 101.803 · Accoun... -4,200.00 4,200.00 TOTAL -4,200.00 4,200.00 Page 7 of 13 Page 1  5:31 PM General Fund 10/06/24 Deposit Detail September 11 through October 8, 2024 Type Num Date Name Account Amount Deposit 09/13/2024 000.001 · Cash 474.89 SUMMER TAXES 000.403 · Current... -474.89 TOTAL -474.89 Deposit 09/13/2024 000.001 · Cash 3,352.00 SUMMER TAXES 000.403 · Current... -3,352.00 TOTAL -3,352.00 Deposit 09/16/2024 000.001 · Cash 2,148.52 SUMMER TAXES 000.403 · Current... -2,148.52 TOTAL -2,148.52 Deposit 09/20/2024 000.001 · Cash 1,849.65 SUMMER TAXES 000.403 · Current... -1,849.65 TOTAL -1,849.65 Deposit 09/30/2024 000.001 · Cash 84.53 000.665 · Checki... -84.53 TOTAL -84.53 Page 8 of 13 Page 1 5:42 PM Major Streets 10/06/24 Check Detail September 11 through October 9, 2024 Type Num Date Name Item Account Paid Amount Original Amount Check 09/26/2024 CONSUMERS E... 000.001 · Checki... -13.34 441.921 · Street ... -13.34 13.34 TOTAL -13.34 13.34 Check 09/30/2024 000.001 · Checki... -0.24 441.960 · Miscell... -0.24 0.24 TOTAL -0.24 0.24 Check EFT 09/26/2024 CONSUMERS E... 000.001 · Checki... -466.30 441.921 · Street ... -466.30 466.30 TOTAL -466.30 466.30 Page 1 Page 9 of 13 5:43 PM Major Streets 10/06/24 Deposit Detail September 1 through October 9, 2024 Type Num Date Name Account Amount Deposit 09/05/2024 000.001 · Checki... 5,920.05 STATE OF MICH... 000.574 · Act 51 -5,920.05 TOTAL -5,920.05 Deposit 09/30/2024 000.001 · Checki... 11.21 000.665 · Interest... -11.21 TOTAL -11.21 Page 1 Page 10 of 13 5:50 PM Local Streets 10/06/24 Deposit Detail September 1 through October 9, 2024 Type Num Date Name Account Amount Deposit Tran... 09/09/2024 STATE OF MICH... 000.001 · Cash 1,510.97 000.574 · Act 51 -1,510.97 TOTAL -1,510.97 Deposit 09/30/2024 000.001 · Cash 9.00 000.665 · Interest... -9.00 TOTAL -9.00 Page 1 Page 11 of 13  Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 ORDINANCE 2024-01 Chicken ordinance THE VILLAGE OF BREEDSVILLE ORDAINS: SECTION 1: General Provisions. 1. Chickens shall be allowed within the Village of Breedsville, Michigan, based on the following rules, requirements, and restrictions: a. A chicken is a domestic bird typically kept on a farm. It is referred to as Gallus domesticus. This definition does not include other fowl, such as peacocks, turkeys, or waterfowl. b. Only hens, and no roosters, shall be allowed under the provisions of this ordinance. c. There shall be no more than five (5) chickens on any parcel of land. d. Chickens must be kept completely and securely enclosed and under the control of the owner or lessee and on the owner's property at all times. e. A chicken coop, an enclosed structure for housing chickens that provide shelter from the elements, shall be provided and maintained in good order. The chicken coop must provide adequate sun, shade, and ventilation, and must be impermeable to rodents, wild birds, and predators, including cats and dogs. f. Chicken coops shall provide a reasonable amount of space per chicken. g. The chicken coop and run shall be situated at least 10 feet from any property line. h. The chicken coop shall be constructed of a reasonable height. i. Chickens shall be provided with access to adequate feed and water at all times. j. All feed for chickens shall be stored in containers so as to protect against intrusion by rodents and vermin. k. The chicken coop shall be maintained in a reasonable and sanitary condition and in compliance with all applicable health regulations of the State of Michigan, County of Van Buren, and Village of Breedsville. Chickens and chicken coops shall be confined to the rear yard of the property. l. Any chickens kept in accordance with the provisions of this section shall be for noncommercial, personal use only, and may not be killed for commercial purposes on the property. m. Any lessee or renter must obtain the written permission of the property owner before keeping chickens. n. The chicken coop cannot be constructed from material that is not approved by the Village. o. During daylight hours, chickens may be allowed to roam within the rear yard of the site if supervised and enclosed by a fence that is at least 4 feet in height. p. Village ordinances pertaining to noise, odors, dust, fumes, sanitation, health, or comparable nuisances must be met. ORD 2024-01 Page 12 of 13 SECTION 2: Severability 1. This Ordinance and the various parts, sections, subsections, sentences, phrases, and clauses thereof are hereby declared to be severable. If any part, sentence, paragraph, section, subsection, phrase, or clause, is adjudged unconstitutional or invalid, it is hereby provided that the remainder of this Ordinance shall not be affected hereby. The Village of Breedsville Council hereby declares that it would have passed this Ordinance and each part, section, subsection, phrase, sentence, and clause thereof, irrespective of the fact that any one or more part, sections, subsections, phrases, sentences, or clauses be declared invalid. SECTION 3: Violation A violation of this Ordinance is a public nuisance that the Village may address in any way allowed by law, including through injunctive relief. A violation is a civil infraction and is punishable by a fine of up to $500. Unpaid fines may be added to the tax roles for the property on which the violation occurs. CERTIFICATION I further certify that Trustee: ____________ moved for adoption of said Ordinance No.____________, that Trustee: _____________ seconded said motion. I further certify that the following Trustees: ____________________________________ Voted for adoption of said Ordinance No._________, and that the following Trustees ____________ voted against such Ordinance. Ayes: Trustees Nays: Absent: I further certify that said Ordinance No 2024-90 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 _________________ _________________ Village President Village Clerk Linda Norton Village of Breedsville, Clerk ORD 2024-01 Page 13 of 13