While a new three-year library lease between the Climax Village Council and the Lawrence Memorial District Library Board was approved by the Council at the March 4 regular meeting, there was some division, with the new lease being approved by a narrow 3-2-1 vote. Nick Ludwig and Joline Chaney voted no and Village President Bill Lewis, also the Lawrence Memorial District Library Director, abstained. Carolyn Kelly, Denise Pyle and Benjerman Moore voted yes. Council member Janet Sutherland was not present.
The Council approved the new three year lease with three amendments that were discussed. The amendments included adjusting the proposed starting date of March 4, 2025, to January 1, 2025, allowing the Village Council to receive rent for January and February; language that specifies the Climax Village Council and Prairie Historical Society can use the building at no charge; and changing the end date of the lease from December 31, 2028 to December 31, 2027.
The recently expired lease between the two sides expired December 31, 2024, with the Lawrence Memorial District Library paying the Village $1 a year to lease the library building.
The rent figure in the approved lease agreement will be $75 per month or a yearly rate of $900 for 2025. The 2026 rate will increase to $85 per month or $1,020 for 2026, and the 2027 rent will increase to $100 per month for an annual total of $1,200. Finance/Insurance/Administration Chairperson Denise Pyle said the monthly rent should cover any increases in building insurance costs.
Pyle said the Council wants the library to thrive in the downtown area and the library is where the Council holds meetings in the Prairie Historical Society room. She said since the district library is no longer a village library, the library board has the ability to move the library anywhere in the village or outside the village within the district library service area, so “it came down to the boiling point that we need them more then they need us.”
Similar to the previous lease agreement, the Village is responsible for repairs and maintenance to the library building. However an item in the new lease that requires the Village to perform an annual power wash of the exterior of the building each spring that was not part of the expired lease, brought concern for council trustee Nick Ludwig. Ludwig said before the millage was approved to fund the district library, village taxpayers paid for interior and exterior maintenance at the library. However the district library now collects funds through the library millage assessment. Ludwig was concerned the lower monthly rent figure Pyle said would cover any insurance increases, wouldn’t be enough to pay for interior and exterior repairs as well as the new power washing requirement in the lease that will be performed by the Village’s DPW employees, who are paid with general fund tax dollars.
“If we’re only charging people 75 dollars (per month), which you say is only going to cover the insurance and we’re not collecting taxes for this specific purpose, where’s the money coming for us to replace various things that we’re on the hook for as it states here, internally, externally, power washing, painting,” said Ludwig, who said he was concerned some of the items that were discussed at two committee meetings for the lease were not part of the lease that was presented.
Also similar to the previous contract, the Village will pay for building insurance, fire and other casualty insurance on the premises and the Library Board will insure the library contents inside the library. Also similar to the recently expired lease agreement, the Village will pay for comprehensive public liability and property damage insurance for up to $1,000,000.
Pyle adds the library may outgrow the building soon. “It’s not going to be that much longer that I can reasonably assume as anybody that actually does seriously look into those two other rooms, they may not be here much longer,” said the Village trustee.
Former Village President David Miller felt the $75 a month rent charge to lease the entire building, “in my estimation is preposterous.”
The Library will pay for utility costs and the Village is responsible for snow removal and salting.
Building restoration costs will be paid for by the Village. The District Library is required to give written notice to the Village when maintenance is needed for each repair needed for the building’s integrity. If the damage to the building cannot be repaired within 120 days of the occurrence, the District Library may terminate the lease by giving 30 days prior written notice to the other party within 30 days after the damage or destruction occurs. If the lease is terminated all insurance proceeds payable as a result of the damage or destruction of the premises will be retained by the Village, excluding insurance proceeds payable as a result of damage to items that are the property of the Library.
If a default is made by the Library and the default continues for a period of 10 days after written notice is given to the Library by the Village specifying the default, the Village has the right to reenter the premises and remove the Library from the premises and will have the right to terminate the lease.
The lease may be terminated at any time with just cause by the Village with 120 days’ notice to the Library.
On a request made by Village President Bill Lewis for legal advisement on a claim that Village Trustee Benjerman Moore is not eligible to hold any Village office, new Village attorney Craig Rolfe offered an opinion at the March 4 meeting.
Rolfe said there were two different claims of ineligibility made by former Village President David Miller. One claim that Moore was ineligible to hold office because of a default in a debt to the village and a second claim by Miller that Moore is not eligible for any Village office because he has previously been convicted of criminal offenses that are felonies.
Regarding a legal opinion memorandum that Moore is not eligible for Village Office because he is in default to the Village in connection to property at 115 Watson Street, Rolfe reached a conclusion there is no basis to the claim because Moore does not own the property. His opinion adds, “Benjerman Moore was not ‘in default’ to the Village with respect to debts of other persons pertaining to 115 Watson Street at any time relevant to the November 5, 2024 election, or subsequently to the date of this Legal Opinion Memorandum.”
In his legal opinion memorandum regarding Miller’s claim that Moore is not eligible to hold any Village office because he has previously been convicted of criminal offenses that are felonies, Rolfe said he has not been provided with any information indicating Miller’s claim is predicated on any specific statute. After his research disclosed three different legal authorities of potential relevance to Miller’s claim, Rolfe concluded that nothing in Moore’s criminal history in any way disqualified him from being a candidate for the office of Climax Village Trustee in 2024 or voided his election to that office in November, 2024, or otherwise rendered him ineligible for election to that office or otherwise ineligible to hold that office at this time pursuant to any aspect of the controlling law as reviewed herein.
“In my opinion, any claim by David Miller to the contrary is so completely devoid of legal merit as to be properly characterized as a frivolous claim,” Rolfe included in his legal opinion memorandum to the Council.
Rolfe referenced two items in the Michigan Election Law that would remove Moore from office. One statue would only apply to Moore if he was convicted of a felony when he was a “candidate” for the office of Village Trustee. Rolfe notes for this statute to apply, Moore would have to have been convicted of a felony while he was a candidate for the Village office in 2024.
Rolfe adds based on the reading of statute in the other provision of the Michigan Election Law he researched, the governor would only be authorized to remove Moore from his Village office if he was convicted of a felony after his election November 5, 2024.
A third item Rolfe referred to was from the Michigan Constitution that spells out when a person is ineligible for election or appointment to any state or local elective office. He points out based on a review of Moore’s criminal history, it is apparent he has felony convictions for various offenses between 2009 and 2011. However he was not convicted of a felony while he was a candidate for the office of Village Trustee in 2024. He has also not been convicted of a felony after his election to the office of Village of Trustee in November, 2024.
Rolfe adds further, none of his felony convictions involved dishonesty, deceit, fraud, or a breach of the public trust, while he was holding an elective office or position of employment in local, state or federal government.
During citizens time, Miller told Rolfe he “never asserted that Mr. Moore was disqualified because he owes money to the village, or because he committed a felony, at some point and time during the election or before the election.”
“So you wasted a lot of time. I don’t know where you got that information, but it’s incorrect,” said Miller.
Rolfe also addressed a claim by former Village President David Miller regarding the legal status of current Village President Bill Lewis, premised on the Incompatibility of Offices Act. Lewis is also the current Lawrence Memorial District Library director. Rolfe said because he is not in a position to offer an opinion, he recommended no action be taken by the Council. Rolfe said he has requested information from Library Board President Jamie Camp regarding Lewis’ employment with the library.
Village Attorney Craig Rolfe also discussed a report on the status of Village records the Village has requested from previous Village President David Miller. Rolfe said Miller indicated he had some village records in his possession, However he stated none of the records in his possession, the Village did not otherwise have in its possession already. He said in his opinion without any clear knowledge of specific records that Miller may be retaining at this point unlawfully, the matter should be closed, with no further council action required.
Rolfe also indicated he was able to get records from the former law firm the Village used, Bauckham, Sparks, Lohrstorfer, Thall, & Seeber PC. He said there were very few paper documents however a thumb drive included with the records appears to have many more files he will evaluate to determine if there is some redundancy.
Attorney Craig Rolfe noted until 2006, villages had their own zoning enabling act. He said the law changed when the Michigan Zoning Enabling Act was enacted into new law. He said while the Council can continue to act as a Board of Appeals like the Village has done in the past, the new law mentions having a Zoning Commission for certain functions. However in 2008 when the Michigan Planning Enabling Act consolidated multiple acts was enacted, there’s a requirement a Planning Commission be tasked with developing a Master Plan. Rolfe said after contacting Kalamazoo County there is no evidence a Village of Climax Master Plan exists.
Rolfe said if the Village wants to retain local planning and zoning authority on its own, he recommended the village council establish a Planning Commission by ordinance, assigning the duties and functions of the Planning Commission, a Zoning Board of Appeals, and a Master Plan.
In other items covered at the March 4 meeting:
The Council approved a resolution renumbering certain ordinances and restoring a chronological consecutive number system for Village Ordinances.
• The Council unanimously approved a new site lease agreement with T-Mobile Central LLC for communication equipment on the water tower tank. Finance/Insurance/Administration Chairperson Denise Pyle said initially, the new agreement will generate $1,800 per month. The agreement is for three, five year terms with an additional one year term after the term has been completed for up to nine years. The rent will increase by 15% on the first day of each renewal term. The rent for each extended period shall be increased by 3% of the rent for the immediately preceding year.
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