One visitor walks out, another asked to leave
By Bruce Rolfe
While Climax Village Council Interim President David Miller maintains he was attempting to clarify and explain reasoning why the Council navigated through some controversial topics, his prepared statement may have created more dissension.
Miller, who was appointed interim village president at the February 20 Village Council meeting after former Village President Jim Cummings resigned February 6, read a “summary of events” at the Council’s August 6 regular meeting of how he observed the council handle a few issues since he was appointed interim president. Miller said he wanted to review what made some issues more contentious then they needed to be, hoping it would not be repeated in the future.
He focused on right of way trees, the Railroad Quiet Zone, and one more small issue the council faced. He said the tree removal and maintenance process and Railroad Quiet Zone were topics the Council had been discussing before he was appointed interim president.
He said “the matter of right-of-way trees and their maintenance started out with three property owners in the village demanding that the Village pay to cut down their old maple trees which are partially in the right of way.” He said in his statement one resident said that “they belong to the village.” He adds another resident asserted in years past, the Village, through the Department of Public Works, had paid to have those same trees trimmed at taxpayer expense. He said it was argued that set a precedent, compelling the Village to now remove residents’ trees.
In the statement Miller read, he said during one meeting one village property owner stated they “wished that one of the trees would fall down and drive a nearby fire hydrant into the ground.” He adds “there were assertions that if the trees fell and caused property damage or hurt someone, that the property owners would escape liability because the trees were in the rights of way.”
The interim president’s prepared statement notes “one of the property owners went a step further and sought to be punitive toward the village by restricting access of village employees read (the property owner’s) water meter.” He said in the statement when the property owner was sent a letter by the Village attorney informing the property owner of the lack of wisdom of that position, the property owner claimed that the attorney’s effort was a waste of money and that the property owner would have changed their position if only someone had called the property owner.
Near the end of his statement Miller said “trees in the rights-of-way belong to the property owner - that’s the law we’ve been instructed. It is their responsibility to maintain those trees. The Village may trim or remove the trees when they interfere with Village infrastructure but it has no obligation beyond that.”
The statement adds when the Village attorney attended a Council meeting to explain the law applicable to the ownership and maintenance of trees in the rights-of-way, the same property owner walked out before the attorney could speak. He said the same property owner was interested in bringing attention to themselves and perpetuating the preferential treatment the property owner had received in the past. It was then noted by Miller that same property owner now seeks a seat on the Village Council. Miller asserted in the prepared statement “it has not escaped the notice of the Council members that one of our (council) members has been in on the activity of creating strife which has been a pattern of behavior for that council member.”
In another incident not related to the tree right of way and Quiet Zone controversies, Miller said another Village of Climax couple claimed that the Village’s building inspectors had frustrated their efforts to put a porch on the front of their house. Miller wanted the council and audience to know there was some missing information with this complaint. He said through a site visit the building inspectors found that the couple’s home was too close to the road because of zoning passed approximately 17 years ago by a former council. He claimed that Council errored because the homes were built both decades or even a century before that Council adopted new zoning. He said the setback restrictions the Council passed made it impossible for the homeowners to replace their front steps let alone add a porch.
Miller then moved onto the Railroad Quiet Zone topic. He felt council trustee Joline Chaney seemed to be the person who unfairly received the most criticism about the Railroad Quiet Zone. He said the Railroad Quiet Zone idea started in May, 2023 when a village resident approached the Council about the idea to mitigate the disruptive train horns.
Former Village President Jim Cummings assigned Chaney to investigate the Railroad Quiet Zone. She reached out to a representative from OHM Advisors, a municipal, architectural, engineering and planning firm, to explain the Railroad Quiet Zone process at a council meeting. The OHM representative said a feasibility study would be needed to determine if a Railroad Quiet Zone could work at the Maple Street and Main Street crossings in the Village of Climax. The Council approved a motion by a 5-2 vote (David Miller and Carolyn Kelly voted no) April 16 to hire OHM Advisors for $4,238 to perform the feasibility study.
However some village residents expressed opposition and at the May 14 Village Council meeting one Village of Climax resident handed the Village Council petitions containing 118 signatures of Village of Climax residents who were against the Railroad Quiet Zone.
Miller said later in the statement the Quiet Zone may not have had broad local support but as the issue progressed, he received no calls, emails, contacts through the Village’s website and no visits indicating that to be the case.
“The disrepute to which she (Chaney) was subjected was unfair and wrong. She was doing her job as a Council member. She worked to gain information and understanding. And she did a great job,” Miller noted in his statement August 6.
Miller said the Council could not know if it was feasible without a study and voted to proceed with the study.
His statement then adds, “listening to the same people who wanted their trees cut down by the Village, you would think that something had been slipped by them.
Their surprise, if in fact there was any, was not caused by any underhanded wheeling and dealing, but by them failing to pay attention to what was happening here.”
The interim village president maintains he has a standing invitation on the village website to sit down with residents and talk about issues village residents are concerned with. He said neither the Council or the Village Clerk leave things out of minutes or outright falsify the minutes so that residents are uninformed or misinformed. He adds, “it has happened closer than you think and it is a reason I’m running for (Village) President.”
Referencing to the tree controversy again, Miller’s statement said the three concerned property owners “were indignant that the Quiet Zone feasibility study cost $4,200 or so, but had no such concern that cutting down their trees would have cost the taxpayers three times that.”
Miller added “The Council is a deliberative body. The making of laws and managing the affairs of the Village are its main functions. If the loudest citizens can intimidate Council members and others in the community so that the Council cowers, that’s tyranny by tantrums. Rational ideas must be discussed and if meritorious, investigated.”
At that point in the meeting, one of the Village residents Miller referred to in the statement said, “this is disrespectful” and got up and left the meeting.
Miller referenced the petitions containing 118 signatures, noting “it seemed strange that the same people demanding taxpayers take care of their trees hopped on a golf cart and rode around the Village to enlist others in their opposition to a Quiet Zone that would have benefitted everyone.”
At that point in the meeting the Village resident who turned over the petitions containing 118 signatures of village residents against the Railroad Quiet Zone at the May meeting attempted to say something. The village resident was told by Miller to “hold on.”
Miller concluded his statement by noting “I applied for a seat on the Council five years ago to get involved.” He adds, “these last few meetings have demonstrated that the Council needs people who are emotionally stable, mentally mature, even-handed, and forthright, particularly the President. It’s the only way that everyone gets the same treatment.”
At that point the same village resident Miller told to hold on, said she had a question. Miller said “you’ve had your chance to talk.” She said, “No. I want to know why ...” before being cut off by Miller who said “mam, I’m going to ask you to leave if you can’t be quiet.” The woman said “that is baloney,” as she departed the meeting.
––––––––––––––––––––
Subscribe to the Legal News!
https://legalnews.com/Home/Subscription
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available
