Code of Ordinance amendments approved
unanimously at latest meeting
unanimously at latest meeting
By Bruce Rolfe
The Climax Village Council continued discussion on how to recover expense the village absorbed through the ordinance enforcement process at two properties in the Village at its regular meeting September 2.
Climax Village President Bill Lewis said the Village has $14,920 in demolition and legal expenses associated with 329 West Maple Street.
He said a $25 per day fine for permit noncompliance from the court totals $10,675 at 110 South Main Street, however the Village has absorbed approximately $2000 in attorney fees during the process. The fees and penalties that were assessed were put on the property as a lien.
Lewis said the Village placed a lien on the 329 West Maple Street property, which remains with the property. He said the property was recently sold on a land contract.
Now the Village is trying to determine who is responsible for the cost.
Lewis said one option the Council could consider if the new property owner at 329 West Maple Street builds a structure on the property, permits could be denied until the money on the lien is paid back to the Village. Or the village attorney may have another suggestion.
Council Trustee Denise Pyle said the $25 per day fine for permit non-compliance at 110 South Main Street may not be justified.
Pyle said Safebuilt, the company the Council uses for building permits and zoning inspection services, said the contractors did have permits drawn up and taken care of, however “there was a disconnect within their own system.” She said this created a question whether the Village was charging too much on fees and penalties.
Lewis said the $10,675 for permit noncompliance, was placed on the property as a lien just a short time before new council members entered office.
The Village president adds the property owner was not notified the lien was put onto the property by the Village. He adds there were no quarterly notifications from the village as well.
Pyle said after meeting with a Safebuilt representative, she learned there were some errors made by the Village. “Because of a lack of communication, that particular property owner is being over charged,” said Pyle.
Lewis said if a contractor’s name is on the permit, the citizen cannot call Safebuilt and have the permit work inspected. It has to be requested by the contractor.
It was noted however, it is the citizen’s responsibility to communicate with a contractor to make sure the permit process is being taken care of.
“Anything that didn’t get closed out, it really didn’t become the citizens fault, it became the contractor’s fault,” said Lewis.
Pyle said the judgment was made against the citizen, rather then the contractor.
Lewis said it was discovered there is a flaw in Safebuilt’s system that does not automatically close the permit process when it has been completed, which Safebuilt is attempting to correct.
In some cases Safebuilt discovered there were already approved permit tags in the building, which was not known by Safebuilt, keeping a daily $25 fee in place.
Pyle said based on how the fees were placed against the property as a lien, “it makes it really difficult to try and collect what the judgment was given at the time.”
She said all of the old permits have been closed out.
“The problem is, this is something that we inherited and continues to grow even though those particular issues have been addressed and closed out, inspected and approved.
But there was that lack of communication between and no follow through, so the Village has just kept adding money and adding money, based on something that happened prior to our current leadership here. I look at it, what are we, the taxpayers into this for, and a little over $2000 in attorney fees. Do we clear this out and recoup the attorney fees from this property owner? There’s a cost associated with it and the Village needs to recoup what we’ve put into it,” said Pyle.
Pyle said the Council could ask the property owner at 110 South Main Street to pay the $2000 in a certain time frame.
Amendments for Various Provisions in Code of Ordinances Approved
The Council unanimously approved six changes in the Village’s Code of Ordinances to bring codes up to date.
Some of the changes include:
Under compensation for the Village president ($200 per regular meeting), Trustees ($100 per regular meeting), Village Clerk ($1525 per month), and Village Treasurer ($575 per month), the language “or such other compensation as may be set from time to time by the Village Council,” was added.
There was also a change made noting the clerk and treasurer will be issued payment on a monthly basis, or on such other periodic basis as the Council may determine, as well as the president and trustees will be paid by the treasurer on a quarterly basis or on such other periodic basis as the Council may determine. The language “payments to the president or to the trustees which deviate from this schedule may be made upon a written request by either, and will be paid by the treasurer upon a majority vote by the council,” was removed.
Lewis said one reason the Council could choose to deviate from a quarterly basis is in the event a council member, clerk or the treasurer chooses to leave the position or before the end of the quarter, so they could be paid. He adds the current compensation schedule does not align with the ordinance book.
Under the code of ordinances pertaining to Village Manager, language was changed to the President “may” as opposed to “shall,” with the concurrence of the four or more trustees, appoint a village manager for an indefinite term.
Under the fences and walls amendment, property owners constructing fences 4-6 feet, no longer need to obtain permission from the adjoining property owner.
The change to the Code of Ordinances pertaining to streets, sidewalks and other public places adds the words “or removal” after trimming, and allows any property owner or other person desiring to trim or cut any trees in the public right of way to first obtain written permission from the Village. The trustee of the street committee or the street commissioner no longer needs to be contacted.
New language allows the Council may at its discretion trim or remove trees within the public right of way of any street in the village that in the judgment of the Council obstructs public lighting, is diseased or otherwise presents a potential danger to public safety.
The ammendment to Water Rates and Charges Code of Ordinances adds language noting “termination of water service to any premises for delinquent water service charges shall be preceded by written notices of non-payment and termination as determined by policy set by the Village Council or by delegation to the Water Department; provided a final notice of termination shall be posted on the main door of the primary building on the premises at least 24 hours prior to the termination of the service.”
There was a change to the Village Fiscal Year ordinance reflecting the Village commences its new fiscal year April 1 of each year and ends on the following March 31.
The ordinance takes effect the eighth day after publication.
Council Learns about Life Insurance Option for Employees
A representative from Colonial Life provided the Council information regarding life insurance and supplementary insurance options for Village employees.
Colonial Life Insurance has partnered with the Village’s insurance carrier Decker Insurance.
Trustee Denise Pyle said her intent was for the Council to consider a $10,000 Life Insurance policy for the five Village employees as an additional benefit for the Village employees. The charge would be $2 a month paid for by the Village. The life insurance policy, as well as other supplemental medical, dental and vision options, could be extended to Council members as well, however the Council member would have to pay for the insurance options presented by the Colonial Life representative.
Scouts Given Permission to Use Old Harvester Lot
After listening to a brief presentation by Scout #265 leaders Bill Walker and Kevin Linders, the Council unanimously approved a Scout recruiting event the troop would like to have in the Harvester Lot September 23.
The local Scout Troop is attempting to recruit more students from the Climax and Scotts areas. Years ago the Scout Troop in Climax folded.
The local Scout troop would like to set up a mock campsite with tents, and a camp fire using a steel wok like elevated fire pit for roasting marshmallows.
The Troop will be using the vacant lot next to the Village Hall 4-5 hours, will have a fire extinguisher, and will call for a burning permit. The Scouts are covered under its own Insurance plan for injury and will also be asked to sign a waiver.
Two Auto Thefts Reported in Village
Public Safety/Fire/Law Enforcement/Disaster Planning Chairman Nick Ludwig said there were reports of two vehicles stolen, a wallet that was stolen and an attempted breaking and entering in the village. He has contacted Captain Bishop of the Kalamazoo County Sheriff Department. He said direct patrol within the village has been requested.
The Sheriff Department reminds the public to take the car keys out of the vehicle when it is not being used, remove valuables when the vehicle is not being used and keep vehicles locked.
In other items covered at the September 2 meeting:
• DPW employee Lucas Piper told the Council a quote was obtained for stone work on the Village Hall for $2,900.
• Water and pumpage reports have been completed.
• Work on a raised flower bed and bench in front of the Village Hall has started.
• There will be a Movie In The Park event September 13 to make up for the July 26 event that was cancelled due to weather.
• Finance/Insurance/Administration Chairperson Denis Pyle said a meeting was held September 2 with representatives from Safebuilt, the company the Council uses for building permits and zoning inspection services. She said the two sides discussed services, improvement of communication and proper follow through, making sure the permit process is closed out and who is responsible for that. The contract with SafeBuilt expires in October.
The Village can go year to year with the option of having an extension.
The Climax Village Council continued discussion on how to recover expense the village absorbed through the ordinance enforcement process at two properties in the Village at its regular meeting September 2.
Climax Village President Bill Lewis said the Village has $14,920 in demolition and legal expenses associated with 329 West Maple Street.
He said a $25 per day fine for permit noncompliance from the court totals $10,675 at 110 South Main Street, however the Village has absorbed approximately $2000 in attorney fees during the process. The fees and penalties that were assessed were put on the property as a lien.
Lewis said the Village placed a lien on the 329 West Maple Street property, which remains with the property. He said the property was recently sold on a land contract.
Now the Village is trying to determine who is responsible for the cost.
Lewis said one option the Council could consider if the new property owner at 329 West Maple Street builds a structure on the property, permits could be denied until the money on the lien is paid back to the Village. Or the village attorney may have another suggestion.
Council Trustee Denise Pyle said the $25 per day fine for permit non-compliance at 110 South Main Street may not be justified.
Pyle said Safebuilt, the company the Council uses for building permits and zoning inspection services, said the contractors did have permits drawn up and taken care of, however “there was a disconnect within their own system.” She said this created a question whether the Village was charging too much on fees and penalties.
Lewis said the $10,675 for permit noncompliance, was placed on the property as a lien just a short time before new council members entered office.
The Village president adds the property owner was not notified the lien was put onto the property by the Village. He adds there were no quarterly notifications from the village as well.
Pyle said after meeting with a Safebuilt representative, she learned there were some errors made by the Village. “Because of a lack of communication, that particular property owner is being over charged,” said Pyle.
Lewis said if a contractor’s name is on the permit, the citizen cannot call Safebuilt and have the permit work inspected. It has to be requested by the contractor.
It was noted however, it is the citizen’s responsibility to communicate with a contractor to make sure the permit process is being taken care of.
“Anything that didn’t get closed out, it really didn’t become the citizens fault, it became the contractor’s fault,” said Lewis.
Pyle said the judgment was made against the citizen, rather then the contractor.
Lewis said it was discovered there is a flaw in Safebuilt’s system that does not automatically close the permit process when it has been completed, which Safebuilt is attempting to correct.
In some cases Safebuilt discovered there were already approved permit tags in the building, which was not known by Safebuilt, keeping a daily $25 fee in place.
Pyle said based on how the fees were placed against the property as a lien, “it makes it really difficult to try and collect what the judgment was given at the time.”
She said all of the old permits have been closed out.
“The problem is, this is something that we inherited and continues to grow even though those particular issues have been addressed and closed out, inspected and approved.
But there was that lack of communication between and no follow through, so the Village has just kept adding money and adding money, based on something that happened prior to our current leadership here. I look at it, what are we, the taxpayers into this for, and a little over $2000 in attorney fees. Do we clear this out and recoup the attorney fees from this property owner? There’s a cost associated with it and the Village needs to recoup what we’ve put into it,” said Pyle.
Pyle said the Council could ask the property owner at 110 South Main Street to pay the $2000 in a certain time frame.
Amendments for Various Provisions in Code of Ordinances Approved
The Council unanimously approved six changes in the Village’s Code of Ordinances to bring codes up to date.
Some of the changes include:
Under compensation for the Village president ($200 per regular meeting), Trustees ($100 per regular meeting), Village Clerk ($1525 per month), and Village Treasurer ($575 per month), the language “or such other compensation as may be set from time to time by the Village Council,” was added.
There was also a change made noting the clerk and treasurer will be issued payment on a monthly basis, or on such other periodic basis as the Council may determine, as well as the president and trustees will be paid by the treasurer on a quarterly basis or on such other periodic basis as the Council may determine. The language “payments to the president or to the trustees which deviate from this schedule may be made upon a written request by either, and will be paid by the treasurer upon a majority vote by the council,” was removed.
Lewis said one reason the Council could choose to deviate from a quarterly basis is in the event a council member, clerk or the treasurer chooses to leave the position or before the end of the quarter, so they could be paid. He adds the current compensation schedule does not align with the ordinance book.
Under the code of ordinances pertaining to Village Manager, language was changed to the President “may” as opposed to “shall,” with the concurrence of the four or more trustees, appoint a village manager for an indefinite term.
Under the fences and walls amendment, property owners constructing fences 4-6 feet, no longer need to obtain permission from the adjoining property owner.
The change to the Code of Ordinances pertaining to streets, sidewalks and other public places adds the words “or removal” after trimming, and allows any property owner or other person desiring to trim or cut any trees in the public right of way to first obtain written permission from the Village. The trustee of the street committee or the street commissioner no longer needs to be contacted.
New language allows the Council may at its discretion trim or remove trees within the public right of way of any street in the village that in the judgment of the Council obstructs public lighting, is diseased or otherwise presents a potential danger to public safety.
The ammendment to Water Rates and Charges Code of Ordinances adds language noting “termination of water service to any premises for delinquent water service charges shall be preceded by written notices of non-payment and termination as determined by policy set by the Village Council or by delegation to the Water Department; provided a final notice of termination shall be posted on the main door of the primary building on the premises at least 24 hours prior to the termination of the service.”
There was a change to the Village Fiscal Year ordinance reflecting the Village commences its new fiscal year April 1 of each year and ends on the following March 31.
The ordinance takes effect the eighth day after publication.
Council Learns about Life Insurance Option for Employees
A representative from Colonial Life provided the Council information regarding life insurance and supplementary insurance options for Village employees.
Colonial Life Insurance has partnered with the Village’s insurance carrier Decker Insurance.
Trustee Denise Pyle said her intent was for the Council to consider a $10,000 Life Insurance policy for the five Village employees as an additional benefit for the Village employees. The charge would be $2 a month paid for by the Village. The life insurance policy, as well as other supplemental medical, dental and vision options, could be extended to Council members as well, however the Council member would have to pay for the insurance options presented by the Colonial Life representative.
Scouts Given Permission to Use Old Harvester Lot
After listening to a brief presentation by Scout #265 leaders Bill Walker and Kevin Linders, the Council unanimously approved a Scout recruiting event the troop would like to have in the Harvester Lot September 23.
The local Scout Troop is attempting to recruit more students from the Climax and Scotts areas. Years ago the Scout Troop in Climax folded.
The local Scout troop would like to set up a mock campsite with tents, and a camp fire using a steel wok like elevated fire pit for roasting marshmallows.
The Troop will be using the vacant lot next to the Village Hall 4-5 hours, will have a fire extinguisher, and will call for a burning permit. The Scouts are covered under its own Insurance plan for injury and will also be asked to sign a waiver.
Two Auto Thefts Reported in Village
Public Safety/Fire/Law Enforcement/Disaster Planning Chairman Nick Ludwig said there were reports of two vehicles stolen, a wallet that was stolen and an attempted breaking and entering in the village. He has contacted Captain Bishop of the Kalamazoo County Sheriff Department. He said direct patrol within the village has been requested.
The Sheriff Department reminds the public to take the car keys out of the vehicle when it is not being used, remove valuables when the vehicle is not being used and keep vehicles locked.
In other items covered at the September 2 meeting:
• DPW employee Lucas Piper told the Council a quote was obtained for stone work on the Village Hall for $2,900.
• Water and pumpage reports have been completed.
• Work on a raised flower bed and bench in front of the Village Hall has started.
• There will be a Movie In The Park event September 13 to make up for the July 26 event that was cancelled due to weather.
• Finance/Insurance/Administration Chairperson Denis Pyle said a meeting was held September 2 with representatives from Safebuilt, the company the Council uses for building permits and zoning inspection services. She said the two sides discussed services, improvement of communication and proper follow through, making sure the permit process is closed out and who is responsible for that. The contract with SafeBuilt expires in October.
The Village can go year to year with the option of having an extension.
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