Regular Meeting

Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 Regular Meeting Agenda Tuesday, November 12, 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. SWEARING IN COUNCIL MEMBERS 4. ROLL CALL: 5. AGENDA 5.1 Agenda presented for approval 6. CONSENT AGENDA: 6.1 Minutes from the previous meetings 3-5 Regular Meeting - 08 Oct 2024 - Minutes - Pdf 6.2 Expenditures 6-9 General Fund Check Detail - November 2024 General Fund Deposit Detail Nov 2024 Major St. Check detail Nov 2024 Major St. Deposit detail Nov 2024 7. REPORTS: 7.1 VBC Commissioner (Kurt Doroh) Zoning 8. UNFINISHED BUSINESS: 8.1 Dix Road update 8.2 Chicken ordinance 10 - 11 Output Document (2024-90) (2) - Pdf 9. NEW BUSINESS: 9.1 Snow Plow 9.2 Flags down/Christmas Lights up 9.3 Striping on the road 9.4 Budget Adjustments Page 1 of 11 10. PUBLIC COMMENTS: 11. BOARD COMMENTS: 11.1 Trustee L. Weniger Trustee P. Cooley Trustee C. Leon Trustee T. Weniger President Rogusta 12. FINAL ANNOUNCEMENTS: Next Meeting December 10, 2024 @ 7:00 pm 13. ADJOURNMENT 13.1 Adjournment Page 2 of 11  Village of Breedsville 82 E Main St. PO Box 152 Breedsville, MI 49027 (269) 427-9029 Regular Meeting Minutes Tuesday, October 8, 2024 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 Cesar Leon, Trustee Paul Cooley, Trustee Tim Weniger, Trustee Larry Weniger, and President Steven Rogusta, EXCUSED: 4. AGENDA 4.1 Agenda presented for approval Moved by Trustee Larry Weniger, seconded by Trustee Cesar Leon, Motion to approve agenda as presented Carried by the following votes: Ayes: Trustee Cesar Leon, Trustee Paul Cooley, Trustee Tim Weniger, 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 Cesar Leon, Motion to approve minutes from September 10, 2024 as presented Carried by the following votes: Ayes: Trustee Cesar Leon, Trustee Paul Cooley, Trustee Tim Weniger, Trustee Larry Weniger, and President Steven Rogusta 5.2 Expenditure Moved by Trustee Paul Cooley, seconded by Trustee Tim Weniger, Motion to Approve expenditures as presented Carried by the following votes: Ayes: Trustee Cesar Leon, Trustee Paul Cooley, Trustee Tim Weniger, Trustee Larry Weniger, and President Steven Rogusta 6. REPORTS: All reports on file 6.1 VBC Commissioner (Kurt Doroh) Page Page31ofof11 3 7. UNFINISHED BUSINESS: 7.1 Chicken ordinance Second Read -some changes requested will review again next month 8. NEW BUSINESS: 8.1 Horizon Broadband Horizon Broadband left the area without warning so working to change everything from Horizon to MEC 8.2 Park playground equipment Not being able to replace any playground equipment park until EGLE is completed with their project. 9. PUBLIC COMMENTS: Carey Lambrix 58 N. Pine St. asked when the crack in the four corners would be fixed. no other comments 10. BOARD COMMENTS: 10.1 Trustee L. Weniger - no comments Trustee C. Leon - Speeding in the village could speed bumps be installed. Trustee P. Cooley - No comments Trustee T. Weniger - No comments President Rogusta - Someone acting as the Village President, EGLE, and other government officials. They are approaching business owners about activities the property owner is doing on their property. and calling around for bids and quotes as the Village President. The person was identified by the business owner. President Rogusta was contacted by several companies regarding the request for bids and quotes. President Rogusta has spoken with the attorney on taking action on this issue. 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 Moved by Trustee Larry Weniger, seconded by Trustee Paul Cooley, Motion to go into closed @ 7:56 Carried by the following votes: Ayes: Trustee Cesar Leon, Trustee Paul Cooley, Trustee Tim Weniger, Trustee Larry Weniger, and President Steven Rogusta Moved by Trustee Larry Weniger, seconded by Trustee Paul Cooley, Motion to close the closed session. @ 8:23 Carried by the following votes: Ayes: Trustee Cesar Leon, Trustee Paul Cooley, Trustee Tim Weniger, Trustee Larry Weniger, and President Steven Rogusta Moved by Trustee Tim Weniger, seconded by Trustee Paul Cooley, motion to back in open session @ 8;24pm Carried by the following votes: Ayes: Trustee Cesar Leon, Trustee Paul Cooley, Trustee Tim Weniger, Trustee Larry Weniger, and President Steven Rogusta Page Page42ofof11 3 12. FINAL ANNOUNCEMENTS: Clerk L. Norton - Correspondence received from Waverly Township they are holding a public hearing for their Master Plan. Update on Dix Road. going out for bid in the next couple of weeks for work to start in Feb. on replacing the failed County drain going under the road. 13. ADJOURNMENT 13.1 Adjournment Motion to adjourn at 8:45 pm Carried by the following votes: Moved By Larry Weniger, Second By Paul Cooley Cesar Leon For Paul Cooley (Second By) For Tim Weniger For Larry Weniger (Moved By) For Steven Rogusta For Carried Linda Norton, Clerk Village of Breedsville Page Page53ofof11 3 12:22 PM General Fund 11/08/24 Check Detail October 9 through November 8, 2024 Type Num Date Name Item Account Paid Amount Original Amount Check 10/31/2024 000.001 · Cash -0.84 101.955 · Bankin... -0.84 0.84 TOTAL -0.84 0.84 Check DC 10/25/2024 WAL MART 000.001 · Cash -133.64 215.726 · Supplies -133.64 133.64 TOTAL -133.64 133.64 Check EFT 10/10/2024 CONSUMERS E... 000.001 · Cash -100.16 270.921 · Utilities -100.16 100.16 TOTAL -100.16 100.16 Check 4841 11/06/2024 Krohn Excavting 000.001 · Cash -127,000.00 441.803 · Major ... -127,000.00 127,000.00 TOTAL -127,000.00 127,000.00 Check 4842 11/08/2024 MEC 000.001 · Cash -233.00 270.950 · Phone ... -233.00 233.00 TOTAL -233.00 233.00 Check 4843 11/08/2024 ROBERT DE LO... 000.001 · Cash -410.00 101.808 · Zoning ... -410.00 410.00 TOTAL -410.00 410.00 Check 4844 11/08/2024 SIEGFRIED CRA... 000.001 · Cash -1,000.00 101.803 · Accoun... -1,000.00 1,000.00 TOTAL -1,000.00 1,000.00 Check 4845 11/08/2024 CSX Transport 000.001 · Cash -1,978.00 441.932 · CSX R... -1,978.00 1,978.00 TOTAL -1,978.00 1,978.00 Check 4846 11/08/2024 VAN BUREN RE... 000.001 · Cash -272.20 101.900 · Printing... -272.20 272.20 TOTAL -272.20 272.20 Page 1 Page 6 of 11 12:24 PM General Fund 11/08/24 Deposit Detail October 9 through November 8, 2024 Type Num Date Name Account Amount Deposit 10/25/2024 000.001 · Cash 175.00 PERMIT 000.485 · Right o... -175.00 TOTAL -175.00 Deposit 10/25/2024 000.001 · Cash 405.32 SUMMER TAXES 000.403 · Current... -405.32 TOTAL -405.32 Deposit 10/31/2024 000.001 · Cash 85.82 000.665 · Checki... -85.82 TOTAL -85.82 Page 1 Page 7 of 11 12:50 PM Major Streets 11/08/24 Check Detail October 9 through November 8, 2024 Type Num Date Name Item Account Paid Amount Original Amount Check 10/31/2024 000.001 · Checki... -0.36 441.960 · Miscell... -0.36 0.36 TOTAL -0.36 0.36 Check EFT 10/24/2024 CONSUMERS E... 000.001 · Checki... -12.76 441.921 · Street ... -12.76 12.76 TOTAL -12.76 12.76 Check EFT 10/24/2024 CONSUMERS E... 000.001 · Checki... -463.68 441.921 · Street ... -463.68 463.68 TOTAL -463.68 463.68 Check 861 11/06/2024 Krohn Excavtin... 000.001 · Checki... -36,000.00 441.802 · Winter ... -36,000.00 36,000.00 TOTAL -36,000.00 36,000.00 Check 862 11/06/2024 Krohn Excavtin... 000.001 · Checki... -26,950.00 441.801 · Constr... -26,950.00 26,950.00 TOTAL -26,950.00 26,950.00 Page 1 Page 8 of 11 12:51 PM Major Streets 11/08/24 Deposit Detail October 3 through November 8, 2024 Type Num Date Name Account Amount Deposit 10/03/2024 000.001 · Checki... 4,904.81 STATE OF MICH... 000.574 · Act 51 -4,904.81 TOTAL -4,904.81 Deposit 10/31/2024 000.001 · Checki... 4,611.00 STATE OF MICH... 000.572 · Revenu... -4,611.00 TOTAL -4,611.00 Deposit 10/31/2024 000.001 · Checki... 11.59 000.665 · Interest... -11.59 TOTAL -11.59 Page 1 Page 9 of 11  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 10 of 11 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 11 of 11