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13 minute read
New Buffalo Shoreline Alliance seeking more plaintiffs in lawsuit against Army Corps of Engineers
from April 28, 2022
Members 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.
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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 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
BY FRANCESCA SAGALA
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.
Abid 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.
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When the newest guests at New Buffalo Township Library have a story that’s read aloud to them by the library’s younger patrons, they don’t talk down to them when they stumble over their words or experience some other reading difficulties.
This is because the guests don’t talk at all – they just listen.
From 4 to 4:45 p.m. every Wednesday in the library’s youth section downstairs, children 6 years and up read to one of two furry visitors: Blossom, a Newfoundland poodle and Teddy, a golden doodle.
Kristy Good, youth services director at the library, said that Colleen Melendy used to bring her therapy dogs to the library before the pandemic hit to help children get acquainted with the dogs.
She said when Melendy reached out a month ago about resuming the program, she decided to try it again – with a few changes.
“We wanted to make it a bit more structured and make it so kids who aren’t incredibly confident in reading have a safe space with just them and their family and the dogs - somebody nonjudgmental to read to,” Good said.
The program allows one family per session. Those who are interested can call the library to sign up. Good said she hopes the program last through the summer.
The dogs themselves also have fun engaging with the young patrons.
“Teddy is more playful – he rolls over and wants his tummy scratched the whole entire story time,” Good said.
Something as simple as hanging out with a furry friend may turn a child into a future reader.
“Of course, it’s such a treat so they can connect reading with such a great thing as hanging out with a dog and might make them want to read more and be more excited about it,” Good said.
Melendy said she brings the dogs to the hospital for group therapy sessions and staff supports and assistant living facilities, as well as to schools.
“We work with special education kids and that helps them develop social skills and helps with behavioral management if we need that – we do Berrien RESA, and that’s more of a physical education program there,” she said.
She said sometimes it’s hard to get the children to walk but “give them a dog to walk, and they’ll walk the dogs - even if they’re in the wheelchair.”
In the hospital, the dogs spend over an hour on
New Buffalo Township Library’s therapy dogs empower children to read
BY FRANCESCA SAGALA
behavioral health (which is psychiatric services) in group therapy with patients.
“It helps them to relax and calm down and feel better about themselves, it’s something nice and warm and furry that responds to them… Dogs will never lie to you, they (the patients) don’t need to worry about what they do or say,” she said.
Melendy said that “kids just kind of like dogs.”
“For them, it’s more of a fun thing than a therapeutic thing,” she said.
It was 11 years ago when Melendy started bringing her dog, Newdle, who has since passed away, to hospitals and facilities (the dog also made the rounds in New Buffalo Township Library pre-Covid).
In that first year, Newdle saved the life of a woman with Alzheimer’s – a woman who, doctors said, had only a few months to live.
Newdle merely placed her head on the woman’s lap – and the woman bent over and hugged Newdle. The large dog had jogged the woman’s memory of her former Chihuahua, Taco.
The feat earned Newdle the title of Lakeland Volunteer of the Year – the only dog in the state of Michigan to be given the honor.
No matter whom they’re helping, Melendy said that snuggling up to the furry creatures known as “Man’s Best Friend” can go a long way.
“Dogs can make people feel a part of something again,” she said.
To sign up for a session with Blossom or Teddy, call the library at 269469-2933 or visit www. newbuffalotownshiplibrary. org.
Police crash party at bonfire
A bonfire, which started with gasoline, led to an explosion as well as police crashing what turned out to be a mostly underage drinking party.
Officers were led into a wooded area by a motorist who called 911 after hearing what he described as a “large explosion” Saturday, April 23, near U.S, 20 about seven miles from the Michigan state line, according to La Porte County Police.
Police said four women and three men between the ages of 18 to 21 were sitting around a large amount burning trees piled up.
A cooler filled with various alcoholic beverages, a small bag of marijuana and a smoking pipe on the tailgate of a pick-up truck were also located, police said.
The area around the truck was littered with a large amount of empty alcoholic beverage containers.
Police said Todd Christian, 21, while showing signs of impairment revealed the explosion was from using a “large amount of gas” to start the bonfire.
In response to concerns about the size of the fire, Christian said he could use an excavator on the property to extinguish the fire, if necessary, according to police.
The four woman were allowed to go after it was determined they had not consumed any alcohol.
Police said Christian was arrested for Furnishing Alcohol to Minors, a Class B misdemeanor punishable by an up to 180 day jail sentence.
Nathan Smith and Andrew Crum, both 20, were arrested for Minor Consuming Alcohol, a Class C misdemeanor which carries a maximum sentence of 60 days in jail.
Everyone at the bonfire was from the LaPorte area, police said.
Berrien County Health Department brings awareness to dangers of underage drinking
This spring, the Berrien County Health Department Substance Use Disorder Prevention Team is bringing awareness to the dangers of underage drinking.
This initiative kicks off during April, which is Alcohol Awareness Month, and is designed to discourage those who are under 21 from consuming alcohol and give parents tools to talk to their children about alcohol use.
Alcohol is the most widely used substance by youth in the United States. Though underage alcohol use has been trending down in recent years, according to the Centers for Disease Control and Underage drinking Prevention’s 2019 Youth creates multiple Risk Behavior Survey, risks for children, more than 29% of high whose brains are still school students said they developing. These currently use alcohol. include:
Underage drinking • Motor vehicle contributes to poor school accidents performance, challenges • Injuries such as with mental health and burns, falls and other health issues later drowning in life. • Overdoses
Motor vehicle accidents • Altered brain are the greatest mortality development risk for underage people • Risky sexual activity who drink. In 2018, 24 • Suicide and percent of drivers aged 15 homicide to 20 who died in a car accident had a blood alcohol level of .01 or higher.
According to the Substance Abuse and Mental Health Service Administration, parents talking with their children about alcohol use can reduce risk. SAMHSA has a variety of resources available to help parents and other caregivers initiate conversations with underage people in their life about alcohol and other substances.
“Spring months often have celebrations like school dances and graduation parties where alcohol may be more easily available to those who are underage,” said Lisa Peeples-Hurst, public health promotion and prevention supervisor at the Berrien County Health Department. “Talking with your child can help prepare them to make safe decisions in situations they are or will soon be experiencing.”
For more information about preventing underage drinking, contact Lisa Peeples-Hurst at 269-927-5690 or visit www.samhsa.gov/talk-they-hear-you. — STAFF
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The New Buffalo Township Library recently voted to renew the contract offer from Chikaming Township for library services, a proposal which we originally offered to the Chikaming Township Board on January 31, 2020, and which was rejected. We look forward to continuing to offer the services of the library to our Chikaming friends and neighbors.
Running a library and a library building is a very expensive enterprise and those who benefit from the library should be willing to share the costs. For years the services of the New Buffalo Township Public Library were provided free of charge to individual Chikaming patrons, an inequity that needed to be addressed. While Chikaming Township Supervisor David Bunte pointed out that his township has paid $121,800 to three neighboring libraries, between June 2017 and March 2022, we, the New Buffalo Library, received only $10,000 annually. During that same period, the taxpayers of New Buffalo Township and the City of New Buffalo paid over $2 million to support the library. While the library is additionally funded by penal funds, that source has decreased to less than half of what it was eight years ago. The library also shares with other governmental entities a Local Revenue Sharing Board payment from the tax-exempt tribal land of the Pokagon Band. This is not a payment from the Pokagon Fund, but rather a payment in lieu of taxes which the Pokagon land in New Buffalo Township would otherwise have generated as a property tax paying, developed parcel of land.
The library is grateful to the Pokagon Band of Potawatomi and The Pokagon Fund for its generosity in supporting programs and needs of the library as well. Further, the Library is especially thankful to the taxpayers of our service area, New Buffalo Township and the City of New Buffalo, for their ongoing support. They provide the necessary financial resources which allow us to operate.
— NEW BUFFALO TOWNSHIP
LIBRARY BOARD:
KATHARINE BUTLER PRESIDENT
MARY DONNELLY VICE
PRESIDENT
MARY MCPHERSON TREASURER
BECKY BORGLIN SECRETARY
JANE CAMPBELL
PAUL CICCARELLI
NANCY MROZEK
DONNA SALERNO
SANDRA SPORLEDER