COLON VILLAGE COUNCIL
Colon Village Hall
REGULAR MEETING – APRIL 14, 2017
Meeting Call to Order at 7:00 PM – Pledge of Allegiance was said
Present: Edith Doenges, Dick Delp, Ruth Ann Kuhlmann, Nancy Percival, Sharon Craun, Linda Norton, Diane Downs
Also Present: Chief Brinkert, Tammy Fredenburg, Jim Weingberg, Wayne Held, Kelly Pucci, Joe Pucci, Joe Haas, Teryl Kidwell, Michael Mitchell, Kurt Kuhlmann, Gula Carter
Public Comments
1) Joe Pucci – asked about the blight officer and blight information.
2) D. Downs – Introduced Joe Haas and his approval as the new municipal lawyer will be voted on later in the meeting.
Consent Agenda: N. Percival moved to approve the consent agenda, approval of minutes from March 14, 2017, the DDA minutes from March 23, 2017 and the financial report with bills to be paid at $57,303.25. S. Craun seconded the motion. Motion carried.
Communication/Petitions/Miscellaneous
1) 2017 Brush Collection Notice – Notices were put in all the water bills. Leaves are allowed in the collection.
2) Letter from FAB Magic Mfg. requesting to rename State Street to Abbott Street and to rename Abbott Street to Abbott Boulevard – 911 was contacted and they were opposed. It would cost the Village $2000 to change names. Also all residences, businesses, licenses, signs, etc. would have to be changed. RA Kuhlmann moved to deny the name change. D. Delp seconded the motion. The motion carried.
3) Letter from Fleis & VandenBrink – Re: State Senate Bill 156 – Council members are asked to send a letter on their own if they feel a need to support or oppose the Bill.
Monthly Report
1) DPW – presented written report – no additions
2) Police – presented written report
3) Office Manager – The Budget Amendment needs to be tabled. The office staff continue to train. It was recommended that the Village purchase an Accounts Receivable software program from BS&A. Training with Julie Hollister continues.
4) Village Manager – The Village Manager doesn’t like to make late additions to the packets once they are delivered in order to give all Council Members the opportunity to review and question all items before the meeting. M. Mitchell wants to find a way to communicate to each council member. He will continue to work on updating procedures, policies, and ordinances. Changes need to take place with the organizational structure of the DDA with staggered terms.
Unfinished Business
1) D. Delp moved to make changes to the lighting systems covered by the existing Standard Lighting Contract between Consumers Energy and the Village of Colon dated 7/1/79 to include an additional light at the corner of State St/M86 and Blackstone Avenue. S. Craun seconded the motion. A roll call vote was taken. Yays: E. Doenges, D. Delp, RA Kuhlmann, N. Percival, S. Craun, L. Norton, D. Downs. Nays: None. The motion carried.
2) Percy Abbott Alley Naming – Tabled at the March 2017 meeting. D. Delp removed the motion from the table. RA Kuhlmann seconded the removal. Off the table.
New Business
1) Online Banking Resolution – N. Percival moved to accept the Resolution to Authorize Online Banking Resolution #2017-0411. E. Doenges seconded the motion. Discussion followed. A roll call vote was taken. Yays: E. Doenges, D. Delp, N. Percival, S. Craun, L. Norton, D. Downs. Nays: RA Kuhlmann. The motion carried.
2) Organization Meeting Motions
a. Regular Council Meeting Dates & Times – N. Percival moved to set the regular meeting dates of the Village of Colon for FY 2017-2018 to be held on the 2nd Tuesday of each month at 7:00 PM at the Colon Village Hall, 110 N. Blackstone Avenue, Colon, Michigan. S. Craun seconded the motion. A roll call vote was taken. Yays: E. Doenges, D. Delp, RA Kuhlmann, N. Percival, S. Craun, L. Norton, D. Downs. Nays: None. The motion carried.
b. Repeat/Reoccurring Bills – N. Percival moved to allow the Village Hall personnel to pay all repeat/reoccurring bills from the presented list for the Village of Colon during the FY 2017-2018. L. Norton seconded the motion. A roll call vote was taken. Yays: E. Doenges, D. Delp, RA Kuhlmann, N. Percival, S. Craun, L. Norton, D. Downs. Nays: None. The motion carried.
c. Banking Institutions for the Depository of Funds for the Village of Colon – S. Craun moved to approve Sturgis Bank & Trust, Century Bank & Trust, Huntington Bank, OMNI Community Credit Union to be the banking institutions for depository funds of the Village of Colon for FY 2017-2018. D. Delp seconded the motion. A roll call vote was taken. Yays: E. Doenges, D. Delp, RA Kuhlmann, N. Percival, S. Craun, L. Norton, D. Downs. Nays: None. The motion carried.
d. President Pro Tem – The Village President opened up nominations for the office of President Pro Tem. N. Percival was nominated. President D. Downs called for closing of nomination. S. Craun moved to approve N. Percival as the Village President Pro Tem for the FY 2017-2018. D. Delp seconded the motion. A roll call vote was taken. Yays: E. Doenges, D. Delp, RA Kuhlmann, N. Percival, S. Craun, L. Norton, D. Downs. Nays: None. The motion carried.
e. Attorneys for the Village of Colon:
i. RA Kuhlmann moved to retain Debra Davis as the Attorney for all matters concerning the Colon Village Police Department for the Village of Colon during the FY 2017-2018. E. Doenges seconded the motion. A roll call vote was taken. Yays: E. Doenges, D. Delp, RA Kuhlmann, N. Percival, S. Craun, L. Norton, D. Downs. Nays: None. The motion carried.
ii. N. Percival moved to retain P. Joseph Haas, Jr. as general council for the Village of Colon except for matters concerning the Colon Village Police Department for the Village during the FY 2017-2018. E. Doenges seconded the motion. A roll call vote was taken. Yays: E. Doenges, D. Delp, N. Percival, S. Craun, L. Norton, D. Downs. Nays: RA Kuhlmann. The motion carried.
f. Street Commissioner/Act 51 Street Administrator – N. Percival moved to appoint E. Doenges as the Street Commissioner/Act 51 Street Administrator for the Village of Colon during the FY 2017-2018. S. Craun seconded the motion. A roll call vote was taken. Yays: E. Doenges, D. Delp, RA Kuhlmann, N. Percival, S. Craun, L. Norton, D. Downs. Nays: None. The motion carried.
g. Zoning Administrator – N. Percival moved to appoint Douglas Kuhlman as the Zoning Administrator for the Village of Colon during the FY 2017-2018 & 2018-2019. S. Craun seconded the motion. A roll call vote was taken. Yays: E. Doenges, D. Delp, RA Kuhlmann, N. Percival, S. Craun, L. Norton, D. Downs. Nays: None. The motion carried.
h. FEMA Mitigation Manager – S. Craun moved to appoint Douglas Kuhlman as the FEMA Mitigation Manager for the Village of Colon during the FY 2017-2018 & 2018-2019. N. Percival seconded the motion. A roll call vote was taken. Yays: E. Doenges, D. Delp, RA Kuhlmann, N. Percival, S. Craun, L. Norton, D. Downs. Nays: None. The motion carried.
i. Representation by Council Members on Boards & Committees – N. Percival moved to approve the following Council Members and Village Residents to serve as Village of Colon representatives on the ensuing boards and commissions. S. Craun seconded the motion.
i. Fire Board – S. Craun & D. Delp
ii. Colon Lake Board – E. Doenges & T. Tenney
iii. Colon Community Parks – E. Doenges & D. Downs
iv. Economic Development Corporation – N. Percival
v. Zoning Board of Appeals – RA Kuhlmann, D. Delp, Linda Tomlinson, LaWayne Hirschy & Steve Persing
j. Various Appointments – N. Percival moved to appoint the following individuals to serve on the following boards and committees. S. Craun seconded the motion.
i. Planning Commission – Douglas Kuhlman for FY 2017-2018
ii. Well Head Protection Team – D. Downs for FY 2017-2018 & 2018-2019
iii. Community Park Advisory – L. Norton for FY 2017-2018 & 2018-2019
A roll call vote was taken. Yays: E. Doenges, D. Delp, RA Kuhlmann, N. Percival, S. Craun, L. Norton, D. Downs. Nays: None. The motion carried.
k. Appointments to Council Standing Committees – N. Percival moved to appoint the following Council Members to the standing committees. S. Craun seconded the motion.
i. Christmas Decoration – D. Delp, E. Doenges, D. Downs
ii. Equipment – D. Delp, E. Doenges, D. Downs
iii. Finance & Insurance – S. Craun, N. Percival, D. Downs
iv. Police – RA Kuhlmann, D. Delp, D. Downs
v. Sewer & Water – E. Doenges, L. Norton, D. Downs
vi. Wages & Personnel – S. Craun, N. Percival, D. Downs
vii. Farmers Market – E. Doenges, N. Percival, D. Downs
A roll call vote was taken. Yays: E. Doenges, D. Delp, RA Kuhlmann, N. Percival, S, Craun, L. Norton, D. Downs. Nays: None. The motion carried.
l. Firework Displays – D. Delp moved to approve fireworks displays for July 4, 2017 (alternate rain date of July 5, 2017) and for Magic Week August 4, 2017 (alternate rain date of August 5, 2017). S. Craun seconded the motion. Moreover, any other fireworks display requested during the FY 2017-2018 will be considered and possibly authorized in a separate motion by the Colon Village Council. A roll call vote was taken. Yays: E. Doenges, D. Delp, RA Kuhlmann, N. Percival, S. Craun, L. Norton, D. Downs. Nays: None. The motion carried.
m. Police Department Employee Uniform Cleaning Allowance FY 2017-2018 – RA Kuhlmann moved to approve the Village of Colon Police Department Uniform Cleaning Allowance in the amount not to exceed $1,625 for FY 2017-2018. S. Craun seconded the motion. A roll call vote was taken. Yays: E. Doenges, D. Delp, RA Kuhlmann, N. Percival, S. Craun, L. Norton, D. Downs. Nays: None. The motion carried.
n. Materials & Labor Fee Schedule for FY 2017-2018 – N. Percival moved to approve the Material & Labor Fee Schedule as printed for the FY 2017-2018, subject to change only by approved motion by Colon Village Council. S. Craun seconded the motion. A roll call vote was taken. Yays: E. Doenges, D. Delp, RA Kuhlmann, N. Percival, S. Craun, L. Norton, D. Downs. Nays: None. The motion carried.
o. Authorization for Preparation for Annual Audit – N. Percival moved to retain Norman and Paulsen Auditors/Accountants as the Village of Colon’s Auditor for the FY 2017-2018 and to conduct the audit for the FY 2016-2017. D. Delp seconded the motion. A roll call vote was taken. Yays: E. Doenges, D. Delp, RA Kuhlmann, N. Percival, S. Craun, L. Norton, D. Downs. Nays: None. The motion carried.
p. Title IX Coordinator – S. Craun moved to appoint Michael Mitchell as the Village of Colon’s Title IX Coordinator for the FY 2017-2018. N. Percival seconded the motion. A roll call vote was taken. Yays: E. Doenges, D. Delp, RA Kuhlmann, N. Percival, S. Craun, L. Norton, D. Downs. Nays: None. The motion carried.
3) Software Proposal – S. Craun moved to allow T. Fredenburg to purchase Accounts Receivable software from BS&A at a cost not to exceed $4,355. RA Kuhlmann seconded the motion. The motion carried.
4) Electronic Communication Retention Policy – M. Mitchell researched Electronic Communication Retention Policy and presented a policy to the Village Council. RA Kuhlmann moved to approve the presented Electronic Communication Retention Policy. S. Craun seconded the motion. Some discussion took place. The motion carried.
5) Amendment to FY 2017-2018 Budget – tabled
6) Consumers Energy Resolution to Change Streetlights – M. Mitchell was asked to get a representative from Consumers to speak to the Council regarding this matter.
7) DDA Board staggered appointment – N. Percival moved to stagger the appointment of the DDA Board as follows: Mary Beth Bower & Teryl Kidwell to serve a 4 year term, ending March 31, 2021; Ron Cerny & Pat Kocher to serve a 3 year term, ending March 31, 2020; Kevin Edson & Joe Pucci to serve a 2 year term, ending March 31, 2018; Michael Mitchell to serve a 1 year term, ending March 31, 2018 and for the Village President and/or clerk to administer the Oath of Office to the members. S. Craun seconded the motion. The motion carried.
Public Comments
1) Rick Fisher resigned from the DDA and will remain as a consultant.
2) T. Fredenburg would like help keeping a calendar of meetings for the Village Hall as to not double book the hall. Please notify her if your committee will be using the hall and of any changes that come up.
Council Comments – None
RA Kuhlmann moved to adjourn. S. Craun seconded the motion. Motion carried. Meeting adjourned at 8:40 PM.

Respectfully submitted,

Kurt Kuhlmann

COLON VILLAGE COUNCIL
Colon Village Hall
Regular Meeting – March 14th, 2017

Meeting Call to Order at 7:00 PM – Pledge of Allegiance was said at the Budget Hearing.
Present: Edith Doenges, Dick Delp, Ruth Ann Kuhlmann, Nancy Percival, Sharon Craun, Linda Norton, Diane Downs

Also Present: Chief Brinkert, Tammy Fredenburg, Jim Weinberg, Kelly Pucci, Michael Mitchell, Rick Fisher, Gula Carter, Kathy Pangle, Ashley Staecker, Marie Fisher, Kurt Kuhlmann

Consent Agenda: N. Percival moved to approve the consent agenda, the minutes from the regular meeting, January 14th, 2017 and the Budget Meeting, January 14th, 2017, and payment of bills in the amount of $141,116.41. E. Doenges seconded the motion. Motion carried.

Public Comments
a. Marie Fisher – The Garden Club removed the Top Hat Planters leaving four open spaces in the sidewalk. Delp moved to allow the Garden Club to pay for the spaces to be filled with cement as per the bid from Frarrand’s Flatworks Construction in the amount of $250. Craun seconded the motion. The motion carried.
b. Rick Fisher – R. Fisher would like to name the alley west of R. Fisher property, “Percy Abbott Lane.” The request was tabled until the legality of naming an alley (road, lane, street, avenue, etc.) could be investigated.

Monthly Reports
a. Office Manager Report – Fredenburg presented a written report.
i. New computers and software continue to be implemented.
ii. Staecker registered for Municipal Finance classes. N. Percival made a motion to pay $275 for Staecker to attend the four classes in addition to her mileage. Craun seconded the motion. The motion carried.
b. DPW – Weinberg presented a written report.
i. Percival made a motion to have Fisher Excavation skim the soft top layer of dirt from the alley between Depot St. and North St. and to put Village crushed concrete down at a cost of $1,750.00. Delp seconded the motion. Motion carried.
c. Police – Brinkert
i. RA Kuhlmann made a motion to purchase eight tires from Jerry’s Tire in Sturgis at the state purchase price of $1,022.40. Craun seconded the motion. The motion carried. Fisher’s and/or Bower’s will install and the expense will come out of the maintenance budget.
ii. The search is on going to fill the vacancy in the Police Department.
d. Fireboard – Meeting will be March 15th – minutes were not presented
i. A member-at-large needs to be appointed by the Village to the fireboard.
ii. A grass rig will not be purchased. A furnace was purchased instead of the rig.
e. Lake Board – T. Tenney – DEQ Permit received for 45-50 fish cribs to be placed in Palmer Lake
f. Planning Commission – T. Brown – No meeting
g. Colon Community Park Board – Deonges – Someone broke into the barn. The lock was replaced, door still needs to be repaired and brought up to code. There is a $250 deductible for insurance.
h. DDA Committee – T. Kidwell – written minutes were put in the packets
i. Farmer’s Market – T. Tenney
a. Opening Date has been set to May 27th with an ending date of September 16th.
b. One person has responded to the Facebook post
j. EDC – Percival – No decisions have been made to fund the EDC. Searching for members for the EDGE board.
k. Zoning Ordinance Review – Ruth Ann Kuhlmann – 2 vacancies need to be filled
l. Other Committee Reports – None

Unfinished Business
a. Village Manager Position – Percival made a motion to hire Michael (Mitch) D. Mitchell for the Village Manager’s Position. Doenges seconded the motion. A roll call vote was taken. Yays: Doenges, Delp, RA Kuhlmann, Percival, Craun, Norton, Downs. Nays: None. Motion carried.
b. Kalamazoo Area Transportation Study – Received
c. New Streetlight M-86 and Colon Road – In the design phase
d. Lamberson Dam – Woodworth Law Firm sent a letter stating that they have several boxes concerning Lamberson Dam transfer of ownership papers and other information concerning the dam. A legal transfer of these boxes needs to be made to the Village.

New Business
a. Update for Drug Free Workplace Policy/Omnibus Transportation Act – employee hand book forms were updated from 1991
b. Zoning Fee Schedule 2017 – Delp made a motion to approve the Zoning Fee Schedule as presented from Doug Kuhlman. Doenges seconded the motion. The motion carried with 6-1. RA Kuhlmann dissenting.
c. Spring Cleanup Dates – Set for April 24 – April 28
d. Plumbing Inspector Update – Doug Kuhlman and Randy Schmelling will represent the Village of Colon before the State of Michigan to present the case for the Village to appoint a plumbing inspector.
e. MDEQ Groundwater Discharge Permit – Weinberg is working on the permit.
f. Percy Abbott Drive Proposal – tabled
g. Concrete/Gravel Price – RA Kuhlmann moved to set crushed concrete and gravel prices as presented. Delp seconded the motion. The motion carried.
h. Ordinance Property Maintenance Code – RA Kuhlmann moved to accept the Ordinance Property Maintenance Code as read. Craun seconded the motion. A roll call vote was taken. Yays: Doenges, Delp, RA Kuhlmann, Percival, Craun, Norton, Downs. Nays: None. Motion carried.
i. Packet Preparedness – Read packets, no abstention without an approved motion by the Village Council.
j. 2017-2018 General Appropriations Act – Percival moved to accept the 2017-2018 General Appropriations Act as presented. Craun seconded the motion. A roll call vote was taken. Yays: Doenges, Delp, RA Kuhlmann, Percival, Craun, Norton, Downs. Nays: None. Motion carried.
k. 2016-2017 General Appropriations Amendment -Doenges made a motion to accept the 2016-2017 General Appropriations Amendment. Delp seconded the motion. A roll call vote was taken. Yays: Doenges, Delp, RA Kuhlmann, Percival, Craun, Norton, Downs. Nays: None. Motion carried.

Public Comments – None

Correspondence – None

FYI – Zoning Permits and blligh reports were presented.
RA Kuhlmann moved to go into closed session. S. Craun seconded the motion. A roll call vote was taken. Yays: Doenges, Delp, RA Kuhlmann, Percival, Craun, Norton, Downs. Nays: None. Motion carried.

Public session closed at 8:05 P.M.

Delp moved to reopen the regular meeting. Craun seconded the motion. Motion carried. Regular meeting reopened at 8:21 P.M.

Adjournment – RA Kuhlmann moved to adjourn. Craun seconded the motion. Motion carried. The meeting was adjourned at 8:21 P.M.

Respectfully Submitted,

Kurt P. Kuhlmann, Clerk/Treasurer

Help Wanted: DPW Worker

Colon Village DPW Worker:

Minimum qualifications: CDL, High School education or equivalent, basic mathematical skills, knowledge of excavation, sanitation, snow removal, equipment operation, mechanical skills and able to lift 50 pounds

Applications are available for pickup at the Colon Village Office at 110 North Blackstone Avenue Colon, MI 49040 Monday-Friday 9-12 & 1-5.

You can also send your resume by mail to P.O. Box 50 Colon, MI 49040

Colon Village Council February 14, 2017 Minutes

Colon Village Council

Colon Village Hall

Regular Meeting – February 14, 2017

Meeting Call to Order at 7:00 P.M. – Pledge of Allegiance was said

Present: Diane Downs, Edith Doenges, Dick Delp, Ruth Ann Kuhlmann, Nancy Percival, Sharon Craun, Linda Norton. Absent: Sharon Craun (excused)

Also Present: Chief Brinkert, Tammy Fredenburg, Jim Weinburg, Doug Kuhlman, Kelly Pucci, Mary Luckeydoo, Michael Mitchell, Wayne Held, Teryl Kidwell, Robert Kidwell, Kurt Kuhlmann

Consent Agenda: RA Kuhlmann moved to approve the consent agenda, with changes, the minutes from the regular meeting, January 10th, 2017 and the Budget Meeting, January 16th,  2017, and payment of bills in the amount of $193,827.59. N. Percival seconded the motion. Motion carried.

Public Comments 

a. Mary Luckeydoo of 426 First Ave. M. Luckeydoo expressed concerns about her fence needing repairs. She would like to replace it with a 10 foot fence to keep her dogs in her fence. She also had concern about the zoning ordinance.

b. Doug Kuhlman – presented a Zoning Administrator proposal

Monthly Reports

a.  Office Manager Report – Presented written report

i.  Office Manager’s computer was replaced

ii. New software will be available in May

iii. The new network is operational. Gula’s computer will be installed at a later date.

iv. Office Manager attended a Michigan Economic Development Corporation meeting in Coldwater on January 12th. The State has implemented a Redevelopment Ready Communities program. The Village of Colon is registered. The Village Manager will be involved when hired.

b. DPW – Presented a written report

i. RA Kuhlmann made a motion to purchase 24 Water Meter Interpreters at a cost of $3,600.00. N. Percival seconded the motion. Motion carried.

c. Police – Presented a written report

i. RA Kuhlmann made a motion to adopt resolution MCL 257.657a to allow golf carts to operate in Colon. L. Norton seconded the motion. Report presented. Golf carts not allowed on M-86. Adopt MCL 257.657a. L. Norton seconded. Motion carried.

d. Fireboard – No report

e. Lake Board – D. Downs gave permission to put fish cribs at all public access’.

f. Planning Commission – No report

g. Colon Community Park Board – No report

h. DDA Committee – T. Kidwell was introduced to the Council as the head of the DDA. K. Pucci was introduced to the Council as the assistant to T. Kidwell. The DDA did a ride around with M-DOT to study sign placement. The next DDA meeting is scheduled February 23 at 5:30 P.M.

i. Farmers Market – Need to hire two people

j. Well Head Protection Program – Chief Brinkert suggested to remove this from the agenda.

k. EDC – trying to get full board for the EDGE

l. Zoning Ordinance Review – Nothing to report

m. Other Committee Reports – none

Unfinished Business

a. Telephone System – The new telephone system has been purchased and installed. An answering machine was purchased.

b. Employee Health Insurance Opt Out – The compensation will be divided into each paycheck to reduce the tax burden.

c. Village President Computer – The new laptop computer has been purchased for the Village President.

d. Village Manager Applicants – The Village Manager received 14 applicants – Michael Mitchell was introduced to the Village Council. A formal interview will be set up.

e. 241 John Street – all permits have been attained

New Business

a. New Streetlight M-86 – RA Kuhlmann made a motion to purchase a new street light on the corner of M-86 and Blackstone Avenue at a cost of $100 from Consumers Energy and to pay $11.75 per month for the energy used. N. Percival seconded the motion. The motion carried.

b. Termination of Paul Osthoff as Zoning Administrator

i. The Village President suspended P. Osthoff due to numerous complaints. N. Percival made a motion to terminate P. Osthoff. RA Kuhlmann seconded the motion. Motion carried. D. Delp, nay. Absent: S. Craun

ii. RA Kuhlmann made a motion to pay P. Osthoff $42.60 upon reviewing zoning invoices submitted by Osthoff. D. Delp seconded the motion. Motion carried. E. Doenges abstained and one nay by D. Downs. Absent: S. Craun

c. Hiring of Doug Kuhlman as Zoning Administrator – N. Percival made a motion to hire D. Kuhlman as new Zoning Administrator, at a salary of $375 per month, $70 fee for each meeting with any meeting over 2 hours at a rate of $35 per hour. RA Kuhlmann seconded the motion. Motion carried. D. Delp astained.

d. Village Manager Job Description / Release of Information Form – was presented to the Council

e. Kalamazoo Area Transportation Study – more research is needed

f. Additional Consumers Energy – It was discovered that the village has not been paying for five street lights. RA Kuhlmann mde a motion to adopt a resolution to increase the amount of Consumer Energy Street lights by five at a cost of $217.72 per month. E. Doenges seconded the motion. A roll call vote was taken. Yays: E. Doenges, D. Delp, RA Kuhlmann, N. Percival, L. Norton, D. Downs. Nays: None. Absent: S. Craun

g. Fredenburg’s Notary Public Expenses – RA Kuhlmann made a motion to reimburse Fredenburg $80, the cost of becoming a Notary Public. D. Delp seconded the motion. Motion carried.

h. DDA Committee – Tery Kidwell – Chairman, Kelly Pucci, MaryBeth Bower, Kevin Edson, Rick Fisher, Joe Pucci, Ron Cerny and Pat Kocher

Public Comments

Correspondence – Blight report was presented

FYI

Adjournment – RA Kuhlmann made a motion to adjourn. E. Doenges seconded the motion. Motion carried. Meeting adjourned at 8:37 P.M.

 

Respectfully Submitted,

Kurt P. Kuhlmann, Clerk/Treasurer

Ordinance Number 03-14-17

Village of Colon

St. Joseph County, Michigan

Ordinance Number: 03-14-17

Adopted: 03-14-17

Effective: 04-13-17

 

An Ordinance to designate violations of the State Construction Code and the various nationally recognized codes adopted pursuant thereto as adopted and enforced by the Village of Colon, St. Joseph County, Michigan as municipal civil infractions; to provide sanctions for violation(s) thereof; and to repeal all Ordinance or parts of Ordinances in conflict herewith.

 

The Village of Colon

St. Joseph County, Michigan

Ordains:

SECTION 1

PURPOSE

Pursuant to the provisions of the Single State Construction Code Act, being Act 230 of the Public Arts of 1972, as amended, the Village of Colon has assumed responsibility for the administration and enforcement of the State Construction Code and the nationally recognized codes which comprise the same as incorporated by reference or pursuant to an administrative rule adopted thereunder. The purpose of this Ordinance is to designate violation of the State Construction Code and the nationally recognized codes compromising the same as municipal civil infractions as permitted by MCL 125.1523(3), as amended.

 

SECTION 2

VIOLATION

Any violation of the State Construction Code; of any of the nationally recognized codes incorporated into the State Construction Code; or of any nationally recognized Code adopted by the State of Michigan via administrative rule pursuant to the State Construction Code together with amendments, additions, or deletions as determined appropriate by the State of Michigan; or any part of the same shall be deemed to constitute a municipal civil infraction as authorized by 1972 PA 2003, being MCL 125.1523(3).

SECTION 3

DESIGNATION AS MUNICIPAL CIVIL INFRACTION

Village of Colon as the administering and enforcing agency for 1972 PA 230 hereby designates violations of the State Construction Code; of any of the nationally recognized codes incorporated into the State Construction Code; or of any nationally recognized code adopted by the State of Michigan via administrative rule pursuant to the State Construction Code together with amendments, additions, or deletions as determined appropriate by the State of Michigan municipal civil infractions as authorized by 1972 PA 230, as amended, being MCL 125.1523(3).

 

SECTION 4

PENALTIES

Village of Colon, as the administering and enforcing agency for 1972 PA 230, as amended, hereby sets forth penalties for violation of the State Construction Code; of any of the nationally recognized codes incorporated into the State Construction Code; or of any nationally recognized Codes adopted by the State of Michigan via administrative rule pursuant to the State Construction Code together with amendments, additions, or deletions as determined appropriate by the State of Michigan; by amending the respective “penalty” provision in each as follows:

“Any person, firm, association, partnership, corporation or governmental entity that violates any of the provisions of this Ordinance shall be deemed to be responsible for a municipal civil infraction as defined by Michigan Statue which shall be punishable by a civil fine determined in accordance with the following schedule:

Minimum Fine                         Maximum Fine

1st Offense                                      $125                                          $500

2nd Offense*                                   $275                                          $500

3rd Offense*                                    $350                                          $500

4 or More Offense*                       $500                                          $500

*Within 3-year period determined on the basis of the date of commission of the offense(s)

Additionally, the violator shall pay costs which may include all expenses, direct and indirect, which Village of Colon has incurred in connection with the municipal civil infraction. In no case, however, shall costs of less than $9.00 or more than $500 be ordered. In addition the Village shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, compliance order or other appropriate remedy to compel compliance with this ordinance. Each day that a violation of this ordinance exists shall constitute a separate violation of this ordinance.”

 

SECTION 5

SEVERABILITY

Should any section, clause or provision of this Ordinance be declared to be invalid by a court of competent jurisdiction, the same shall not affect the validity of the Ordinance as a whole or any other part thereof other than the parts so declared to be invalid.

 

SECTION 6

REPEAL OF CONFLICTING ORDINANCES

All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Any proceedings pending, including prosecutions for violations, under previous ordinance provision being repealed hereby shall not be affected by this Ordinance and may be continued pursuant to said previous Ordinance provisions.

 

SECTION 7

EFFECTIVE DATE

This Ordinance shall take effect 30 days after publication following adoption.

 

 

 

VILLAGE OF COLON

Kurt Kuhlmann, Clerk

110 N. Blackstone Ave

Colon, MI 49040