By Bruce Rolfe
The Climax Village Council faced concerns from one long time resident seeking clarity for tree maintenance and tree removal in the village right of way.
Village resident Cathy Weissert asked how the village determines when the village is responsible for maintaining trees in the right of way and when it is the homeowner’s responsibility.
Weissert said she learned many of the shade trees still standing in the village were planted by an early settler. She said the Village has maintained the trees and claims ever since she moved to the village over 20 years ago over 23 trees have been removed and paid for by the Village because they are in the right of way.
She also referenced an existing ordinance that states: “It shall be unlawful for any person to cut, mark, write upon, or in any manner deface, mangle or pull up any tree which has been reserved as a shade tree, or which may have been properly planted for that purpose, which tree is in the public right-of-way, except in accordance with the provisions in section 30-55.”
While she did not read section 30-55 that appears to give the resident some right to maintain or cut trees, that section of the village ordinances notes: “Any person desiring to trim or cut any trees in the public right of way shall first obtain written permission to do so from the council, specifically from the trustee who is chairman of the street committee or the street commissioner.” The street commissioner is currently the DPW Manager.
After a large portion of a tree fell at 200 North Main Street, and the Council was asked by a resident who was responsible for removing the rest of the tree, interim Village President David Miller told the council and audience at the May 21 meeting what the village attorney told him. He said the attorney’s note said: “The trees and the land they grow on in the right of way, is not owned and maintained by the village. The Village does have an easement on the right of way for access and maintenance of village property such as stop signs, street signs, traffic control signs, fire hydrants or other village owned property. The village uses that easement only as needed to protect, maintain and repair village property. Any maintenance or removal of the tree outside of the aforementioned maintenance, protection and repair, is the sole responsibility of the property owner who owns the property.”
Weissert encouraged the council to continue what has been set as a precedent of maintaining the village shade trees in the village right of way.
“I would implore you all to continue with what has been set as precedent to continue to maintain the village shade trees as it had been intended. Because five years ago you cut down two branches from one of my shade trees or the village shade tree, and that tree is now rotting and dying from the inside out. You maintained it once, you need to take it down again,” said Weissert.
“If you are no longer going to take care of anything in the right of way, there is going to be no village maintenance personnel allowed on my property beyond the right of way to read my water meter, or turn off the water if necessary because you need to go beyond that. You cannot go beyond a right of way,” continued the village resident.
Miller noted when the village maintained or removed the trees in the right of way years ago, the typical cost was $500-$600, however now that cost is $3500 to $4000. He adds if the Village took down every tree in the village right of way when a property owner feels one needs to be removed or maintained, “the village wouldn’t have any money at all.”
In other items covered at the June 4 meeting:
• Public Safety and Fire Chairman Nick Ludwig said he has reached out to West Shore and a representative will visit the Village to determine a cost to repair the non-functioning warning siren.
Ludwig adds he reached out to a representative from the Kalamazoo County Emergency Management team and learned Comstock Township, Kalamazoo Township, Texas Township and Oshtemo Township no longer have emergency warning sirens. He said to be utilized they have to be set up exclusively for tornados, which are triggered at Central Dispatch near Stadium Drive. The warning siren in the village would be something that could not be controlled by the Village, but would have to be set off by a representative of the local fire department. The Emergency Management Team representative said the original intent of the warning sirens was to alert residents who were outside.
The warning siren in the village has not functioned since at least 2014.
• Department of Public Works Manager T.J. Gibson noted the tennis and pickle ball nets have not been replaced because the handles, which cost approximately $60, have been broken three times.
• The corn hole boxes were scheduled to be delivered June 13 or 14.
The Climax Village Council faced concerns from one long time resident seeking clarity for tree maintenance and tree removal in the village right of way.
Village resident Cathy Weissert asked how the village determines when the village is responsible for maintaining trees in the right of way and when it is the homeowner’s responsibility.
Weissert said she learned many of the shade trees still standing in the village were planted by an early settler. She said the Village has maintained the trees and claims ever since she moved to the village over 20 years ago over 23 trees have been removed and paid for by the Village because they are in the right of way.
She also referenced an existing ordinance that states: “It shall be unlawful for any person to cut, mark, write upon, or in any manner deface, mangle or pull up any tree which has been reserved as a shade tree, or which may have been properly planted for that purpose, which tree is in the public right-of-way, except in accordance with the provisions in section 30-55.”
While she did not read section 30-55 that appears to give the resident some right to maintain or cut trees, that section of the village ordinances notes: “Any person desiring to trim or cut any trees in the public right of way shall first obtain written permission to do so from the council, specifically from the trustee who is chairman of the street committee or the street commissioner.” The street commissioner is currently the DPW Manager.
After a large portion of a tree fell at 200 North Main Street, and the Council was asked by a resident who was responsible for removing the rest of the tree, interim Village President David Miller told the council and audience at the May 21 meeting what the village attorney told him. He said the attorney’s note said: “The trees and the land they grow on in the right of way, is not owned and maintained by the village. The Village does have an easement on the right of way for access and maintenance of village property such as stop signs, street signs, traffic control signs, fire hydrants or other village owned property. The village uses that easement only as needed to protect, maintain and repair village property. Any maintenance or removal of the tree outside of the aforementioned maintenance, protection and repair, is the sole responsibility of the property owner who owns the property.”
Weissert encouraged the council to continue what has been set as a precedent of maintaining the village shade trees in the village right of way.
“I would implore you all to continue with what has been set as precedent to continue to maintain the village shade trees as it had been intended. Because five years ago you cut down two branches from one of my shade trees or the village shade tree, and that tree is now rotting and dying from the inside out. You maintained it once, you need to take it down again,” said Weissert.
“If you are no longer going to take care of anything in the right of way, there is going to be no village maintenance personnel allowed on my property beyond the right of way to read my water meter, or turn off the water if necessary because you need to go beyond that. You cannot go beyond a right of way,” continued the village resident.
Miller noted when the village maintained or removed the trees in the right of way years ago, the typical cost was $500-$600, however now that cost is $3500 to $4000. He adds if the Village took down every tree in the village right of way when a property owner feels one needs to be removed or maintained, “the village wouldn’t have any money at all.”
In other items covered at the June 4 meeting:
• Public Safety and Fire Chairman Nick Ludwig said he has reached out to West Shore and a representative will visit the Village to determine a cost to repair the non-functioning warning siren.
Ludwig adds he reached out to a representative from the Kalamazoo County Emergency Management team and learned Comstock Township, Kalamazoo Township, Texas Township and Oshtemo Township no longer have emergency warning sirens. He said to be utilized they have to be set up exclusively for tornados, which are triggered at Central Dispatch near Stadium Drive. The warning siren in the village would be something that could not be controlled by the Village, but would have to be set off by a representative of the local fire department. The Emergency Management Team representative said the original intent of the warning sirens was to alert residents who were outside.
The warning siren in the village has not functioned since at least 2014.
• Department of Public Works Manager T.J. Gibson noted the tennis and pickle ball nets have not been replaced because the handles, which cost approximately $60, have been broken three times.
• The corn hole boxes were scheduled to be delivered June 13 or 14.
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