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THURSDAY, APRIL 28, 2022
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New Buffalo Shoreline Alliance seeking more plaintiffs in lawsuit against Army Corps of Engineers
embers of the Grand Beach Village Council learned that the New Buffalo Shoreline Alliance is seeking more plaintiffs from residents in its lawsuit against the Army Corps of Engineers for damages south of the New Buffalo breakwater (which was constructed by the Army Corps) at their Wednesday, April 20, meeting. NBSA President Ted Grzywacz said the plaintiffs, who are lakefront owners, who have signed on have filed a Fifth Amendment takings claim to the United States government through the NBSA. The lawsuit was filed the second week of January and is currently under review by the Detroit office of the Army Corps of Engineers. Grzywacz said that Army Corps of Engineers in Detroit asked for a 60-day extension to respond, which has been given to them. Adding that there was a concern over the “equality in the distribution of the underwater breakwaters and nourishment,” Grzywacz said that there will be an “equal distribution over 16,000 feet of shoreline.” He said there’s probably well over 80% of participation of “everything east of here except for Grand Beach.” Grand Beach is 40%, despite being 50% of the repair. “I’m here to ask for council
BY FRANCESCA SAGALA
support - not money - but in discussion with the residents in trying to clarify our points,” he said. Grzywacz said that he’s sure the issue of Grand Beach Boulevard has been resolved “in that it has no effect on landowners in they’re taking a position as a plaintiff against the government.” “We need the plaintiffs for damages - that’s the whole scope of our lawsuit, we want to recover what’s been lost by the construction of the harbor and negligence of the government not to fulfill their agreement of nourishment of the beaches,” he said, adding that a takings claim “allows us to take those damages and try to recover them and put them in a trust to make the repairs.” Grzywacz said that they have 33 homeowners out of 68 and that they “really need to get to 70%, which would be another 15 to 16 houses - that would give us the coverage we’d need from the harbor to here and have a very doable and successful solution to the problem we have now with erosion.” Council president Debbie Lindley said that the village could provide a list of expenses, like the pump house, that it has incurred from damages. Councilmembers also agreed to discuss with their village attorney on the village becoming a possible plaintiff in the lawsuit, as the village owns shoreline at the beach accesses and the pumphouse.
Councilmembers approved the proposed regulations regarding trash cans in the village and to give attorney Sara Senica permission to put together an ordinance. Per the council packet, the proposed ordinance would include the following: that “trash cannot be set out before noon Eastern Standard Time the day before trash pickup; trash cans need to be pulled back by 8 p.m. EST the day of pickup; and that trash cans should be moved at least 10 feet away from the roadway unless enclosed.” Due to steep inclines, it’s also stated that Sky Hi, Golf Road, and High Point “may not allow for pullbacks or must have trash closures.” “Trash cans will be moved back on Tuesday morning after the Monday pickup or the day after a delayed pickup. There will be no pullbacks on Friday summer pickups. Everyone should be able to return trash cans by Friday evening.” There will be a $5 charge per week for residents that require employee pull backs on the regular day pickup, through the season or yearround.” Councilmembers approved the lowest bid for the purchase of a finish lawn mower for $14,000 from Frontier Lawn & Rec. Inc. and a bid for the purchase of a utility vehicle for $8,000 from Kenny Outdoor Solutions. Councilmembers approved $1,900 for glass and plexiglass
to protect the pro shop counters for the future. Councilmembers approved ServiScape hydroseeding the old Grand Beach Road entrance from U.S. Highway 12 to the gate at $4,158. Councilmembers agreed that councilmember Blake O’Halloran should get more proposals with regards to landscape design for the area of Grand Beach Road where the drainage pipe was placed. In the meantime, it could be hydroseeded to make the grass look nice for the summer. Councilmembers approved accepting a bid for large sign for the village’s newly acquired 42 Acres as described by Burkett Signs at a cost of $12,500 to include verbiage that was discussed by the council. Verbiage on the sign will include thanks to the Grand Beach Land Development and donors, with the village council also being added to the list for making the purchase possible.
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bid from Tim Lally Chevrolet for a 2023 Chevrolet Tahoe PPV 4WD for the police department not to exceed $53,000 was approved. Councilmembers approved continuing with Wayne Heating & Air Conditioning, Inc. Councilmembers approved parks and beach
commissioner Pete Doerr going out to get bids on removing the sheet metal on the beaches. Councilmembers approved proceeding with applying to the Michigan Department of Transportation (MDOT) for a one-to-one grant with a match that’s up to $125,000 for street paving. Councilmembers approved suggestions made by Brenden Duffner and Peter Kramp of the Tech of Southwest Michigan with regards to cyber security for the village at a cost of $191.20 per month and a one-time cost of $747.50 for labor. The Social Club contract for the 2022 season, as well as a request to use the clubhouse and circle grounds for Family Fest, was approved. The New Buffalo High School Golf Club’s use of the village’s golf course for meets and practices for the 2022 season was approved. Councilmembers approved the budget amendment to the Golf Fund for fiscal year 2021-2022, which includes the $20,000 increase in contractual services and the $13,475 increase to building improvements and a slight reduction of $1,100 for equipment purchases for a total of $32,375. An amendment to the Capital Projects Fund to cover the additional $20,000 for the drainage project was approved.
