Attorney recommends enforcement officer
ordinance be considered
ordinance be considered
By Bruce Rolfe
The Climax Village Council continued to move through the process to establish a Planning Commission at its regular meeting May 6.
The Council approved the first reading of a proposed ordinance to establish a Planning Commission at the May 6.
The Village of Climax Planning Commission will have five members including one member who is also a member of the Village Council and referred to as the “ex-officio” member.
The Village Council president is not eligible for appointment as a member of the Planning Commission. An elected officer or employee of the Village is not eligible to be a member of the Planning Commission, except for the required ex-officio member.
All Planning Commission members will be qualified electors of the Village of Climax; except one member may be appointed who is not a qualified elector of the Village but who is a qualified elector of another local unit of government.
Members of the Planning Commission will be appointed for three year terms, except the ex-officio member whose term on the Planning Commission shall expire with his or her term on the Village Council.
The term of the members of the Planning Commission, other than the ex-officio member, shall be staggered such that as nearly as possible the terms of one-third of the Planning Commission members will expire each year.
There will be a second reading of the proposed Planning Commission ordinance before the Council can consider the ordinance to vote on.
Village of Climax Attorney Craig Rolfe also recommended the Council adopt the proposed ordinance enforcement officer ordinance “at its earliest convenience as what I consider to be a legal, housekeeping matter.”
The Village attorney also recommends appointing one or more persons as the Village of Climax ordinance enforcement officer. He adds that appointment can include all personnel of Safebuilt (Code enforcement services) involved with the enforcement of any provision of the village code of ordinances as well as any person the council may wish to be designated as a village ordinance enforcement officer.
The Climax Village Council continued to move through the process to establish a Planning Commission at its regular meeting May 6.
The Council approved the first reading of a proposed ordinance to establish a Planning Commission at the May 6.
The Village of Climax Planning Commission will have five members including one member who is also a member of the Village Council and referred to as the “ex-officio” member.
The Village Council president is not eligible for appointment as a member of the Planning Commission. An elected officer or employee of the Village is not eligible to be a member of the Planning Commission, except for the required ex-officio member.
All Planning Commission members will be qualified electors of the Village of Climax; except one member may be appointed who is not a qualified elector of the Village but who is a qualified elector of another local unit of government.
Members of the Planning Commission will be appointed for three year terms, except the ex-officio member whose term on the Planning Commission shall expire with his or her term on the Village Council.
The term of the members of the Planning Commission, other than the ex-officio member, shall be staggered such that as nearly as possible the terms of one-third of the Planning Commission members will expire each year.
There will be a second reading of the proposed Planning Commission ordinance before the Council can consider the ordinance to vote on.
Village of Climax Attorney Craig Rolfe also recommended the Council adopt the proposed ordinance enforcement officer ordinance “at its earliest convenience as what I consider to be a legal, housekeeping matter.”
The Village attorney also recommends appointing one or more persons as the Village of Climax ordinance enforcement officer. He adds that appointment can include all personnel of Safebuilt (Code enforcement services) involved with the enforcement of any provision of the village code of ordinances as well as any person the council may wish to be designated as a village ordinance enforcement officer.
Council Will Pay to Have Tree Removed in Right of Way
After listening to a lengthy legal opinion memorandum from Village Attorney Craig Rolfe regarding the scope of the village’s responsibilities for trees within the public street right of way, the Council unanimously approved to pay to have a tree removed in the village right of way at 150 North Main Street after the home owner made the request.
The old tree has a crack down the middle of the tree from a lightning strike.
The homeowner said he obtained a quote for $4,000 to remove the tree and stump grind.
The total width of Main Street on the plat from the 1880s appears to be 100 feet. The Village measured the tree 27 feet from the center line of the road way, which is within the width of the public street under the jurisdiction of the village. Rolfe said this means the property owner could not trim or remove the tree without first obtaining written permission from the Village.
Rolfe said he agrees with the information provided by the risk control office of the village property damage insurer, “that removal or possible trimming of the tree by the village will potentially reduce or avoid a property damage claim against the village, for which the village may, or may not, have government immunity.”
The Village attorney adds in his legal opinion the Village of Climax can not require a property owner to remove or trim a tree within any part of the width of a public street within the jurisdiction of the village because the village is not the nominal owner of the tree and not the property owner at least where the tree is within the width of the platted street.
Rolfe said the question of does the village have potential liability for property damage or personal injury claimed to result from the failure of the village to properly trim or potentially remove a diseased or dead tree where the Village has jurisdiction over a public street, is very difficult to answer.
However the attorney adds in the memorandum his intent is to point out general liabilities from a risk management perspective.
In his legal opinion Rolfe felt the Village should discuss whether it is appropriate to enact any new regulations relating to the use of public streets under the jurisdiction of the village, especially any new regulations relating to trimming or removal of trees by the village, which either obstruct public lighting or which may otherwise reasonably be subject to some potential harm to people or property engaging in lawful use of the public street.
Movies In The Park Approved
The Council unanimously approved by a 6-0 vote (President Bill Lewis, also the ibrary director, abstained) to allow the Library to use the Village Park for seven Movie In The Park events.
The first Movie In The Park has been scheduled for Saturday, May 24.
The other Move In The Park dates scheduled are June 21, July 12, July 26, August 9, August 30 and September 13, which is a rain makeup date. Some movie in the Park events may be a joint effort between the library and other local groups.
Council Approves BS&A Contract
After previously agreeing switching the current utility software to BS&A software was a good option to pursue, the Council unanimously approved the contract with BS&A for $43,400. The contract figure was part of the approved 2025-2026 budget the Council recently approved.
Clerk Linda Coburn said a little over half of the total is to move the village’s utility software over to the new system. Transitioning other Village information, annual fees, and training on the new system is also included in the total. There will be an annual fee as well.
The Village unanimously approved to temporarily add PayPal as an option to accept water payments online.
Once the BS&A software has fully been implemented and operating, accepting water payments online through the new software will be an option and the PayPal option can then be eliminated.
Improvements in Village Park Reviewed
Cemetery and Parks Chairman Ben Moore said he is getting quotes for two additional benches, and a picnic table for more sitting areas in the park. Moore said he’s also researching the cost to install a horse shoe pit in the village park.
Moore also provided a sketch for moving some items to other locations in the Village Park. One potential change would be moving an older picnic table in the front of the park to the back of the park near a park bench. A bench would be added in the park and adding horse shoe pits next to the basketball courts will be considered. Moving the corn hole boards to another location in the park would also be considered to provide more space in the center of the park. The additional
bench would provide more sitting areas close to playground equipment.
The Council hopes to have all estimates available by the next council meeting.
Two Will Be Considered for Part Time DPW Position
Finance/Insurance/Administration Chairperson Denise Pyle said five people applied for the part time Department of Public Works position and the number of candidates have been reduced to two. She said all five candidates reside in the village. Pyle is hopeful the committee will have a recommendation for the Council to consider at the May 20 meeting. The position is part time as needed, and full time as needed during snow removal and leaf pick up times.
In other items covered at the May 6 meeting:
• The council will wait on approving a contract for water tank inspection, coating and cleaning inside the water tank until the final cost is available.
• Public Safety/Fire/Law Enforcement/Disaster Planning Chairman Nick Ludwig said relocating a current surveillance camera to another location to get additional
coverage in the village park will be considered. Quotes for upgrading surveillance cameras may also be considered.
Ludwig also told the Council the preventative maintenance option for the new weather warning siren is $498 a year, which would be locked in for four years. The council will consider the maintenance option at the next meeting.
After listening to a lengthy legal opinion memorandum from Village Attorney Craig Rolfe regarding the scope of the village’s responsibilities for trees within the public street right of way, the Council unanimously approved to pay to have a tree removed in the village right of way at 150 North Main Street after the home owner made the request.
The old tree has a crack down the middle of the tree from a lightning strike.
The homeowner said he obtained a quote for $4,000 to remove the tree and stump grind.
The total width of Main Street on the plat from the 1880s appears to be 100 feet. The Village measured the tree 27 feet from the center line of the road way, which is within the width of the public street under the jurisdiction of the village. Rolfe said this means the property owner could not trim or remove the tree without first obtaining written permission from the Village.
Rolfe said he agrees with the information provided by the risk control office of the village property damage insurer, “that removal or possible trimming of the tree by the village will potentially reduce or avoid a property damage claim against the village, for which the village may, or may not, have government immunity.”
The Village attorney adds in his legal opinion the Village of Climax can not require a property owner to remove or trim a tree within any part of the width of a public street within the jurisdiction of the village because the village is not the nominal owner of the tree and not the property owner at least where the tree is within the width of the platted street.
Rolfe said the question of does the village have potential liability for property damage or personal injury claimed to result from the failure of the village to properly trim or potentially remove a diseased or dead tree where the Village has jurisdiction over a public street, is very difficult to answer.
However the attorney adds in the memorandum his intent is to point out general liabilities from a risk management perspective.
In his legal opinion Rolfe felt the Village should discuss whether it is appropriate to enact any new regulations relating to the use of public streets under the jurisdiction of the village, especially any new regulations relating to trimming or removal of trees by the village, which either obstruct public lighting or which may otherwise reasonably be subject to some potential harm to people or property engaging in lawful use of the public street.
Movies In The Park Approved
The Council unanimously approved by a 6-0 vote (President Bill Lewis, also the ibrary director, abstained) to allow the Library to use the Village Park for seven Movie In The Park events.
The first Movie In The Park has been scheduled for Saturday, May 24.
The other Move In The Park dates scheduled are June 21, July 12, July 26, August 9, August 30 and September 13, which is a rain makeup date. Some movie in the Park events may be a joint effort between the library and other local groups.
Council Approves BS&A Contract
After previously agreeing switching the current utility software to BS&A software was a good option to pursue, the Council unanimously approved the contract with BS&A for $43,400. The contract figure was part of the approved 2025-2026 budget the Council recently approved.
Clerk Linda Coburn said a little over half of the total is to move the village’s utility software over to the new system. Transitioning other Village information, annual fees, and training on the new system is also included in the total. There will be an annual fee as well.
The Village unanimously approved to temporarily add PayPal as an option to accept water payments online.
Once the BS&A software has fully been implemented and operating, accepting water payments online through the new software will be an option and the PayPal option can then be eliminated.
Improvements in Village Park Reviewed
Cemetery and Parks Chairman Ben Moore said he is getting quotes for two additional benches, and a picnic table for more sitting areas in the park. Moore said he’s also researching the cost to install a horse shoe pit in the village park.
Moore also provided a sketch for moving some items to other locations in the Village Park. One potential change would be moving an older picnic table in the front of the park to the back of the park near a park bench. A bench would be added in the park and adding horse shoe pits next to the basketball courts will be considered. Moving the corn hole boards to another location in the park would also be considered to provide more space in the center of the park. The additional
bench would provide more sitting areas close to playground equipment.
The Council hopes to have all estimates available by the next council meeting.
Two Will Be Considered for Part Time DPW Position
Finance/Insurance/Administration Chairperson Denise Pyle said five people applied for the part time Department of Public Works position and the number of candidates have been reduced to two. She said all five candidates reside in the village. Pyle is hopeful the committee will have a recommendation for the Council to consider at the May 20 meeting. The position is part time as needed, and full time as needed during snow removal and leaf pick up times.
In other items covered at the May 6 meeting:
• The council will wait on approving a contract for water tank inspection, coating and cleaning inside the water tank until the final cost is available.
• Public Safety/Fire/Law Enforcement/Disaster Planning Chairman Nick Ludwig said relocating a current surveillance camera to another location to get additional
coverage in the village park will be considered. Quotes for upgrading surveillance cameras may also be considered.
Ludwig also told the Council the preventative maintenance option for the new weather warning siren is $498 a year, which would be locked in for four years. The council will consider the maintenance option at the next meeting.
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