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Township ordinance enforcement officer resigns

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Tuesday, November 18, 2008 10:05 AM EST

CALEDONIA TWP. - The township's code and ordinance enforcement officer turned in a letter of resignation amid continued discussions surrounding the township's enforcement policies.

“It came as a surprise,” Township Supervisor Joe DeCaire said of Kirk Newman's resignation this morning. “He has done a good job.”

In the letter, Newman cites “changes in his personal life and a lack of commitment by the township board for enforcement of the township code of ordinances” as reasons for resignation.

Newman and DeCaire have come under fire in recent months for what some have called questionable code enforcement tactics - and where DeCaire's authority begins and ends.

“I don't disagree with (DeCaire) that he has the authority to do it,” Trustee Ed Bruckman said in an Oct. 29 Argus-Press story. “It just seems like he thinks we don't need all seven (board members) if he's going to run everything.”

Newman, who has worked for the township for nearly two years, said this morning several comments from Monday night's meeting factored into his decision to resign.

“I work in four other townships, and in none of those places do board members tell me how and how not to enforce the code,” he said. “Why have ordinances on the books if we're not going to enforce them?”

Newman said Bruckman told him he was “being selective” in his enforcement policies, and added Trustee Joe Janca has threatened to start a recall effort against DeCaire for his code enforcement habits.

Bruckman said he didn't think the recall was going to happen.

“(Janca) brought that up last night but I think it was in a moment of haste,” Bruckman said. “I think he was just blowing smoke.”

Janca would not comment this morning.

A recall effort against an elected official can't take place until a person has been in office six months. DeCaire was re-elected Nov. 4.

Also in the letter, Newman called DeCaire the “most dedicated township supervisor” he has ever worked with.

“You are the first who sincerely cared enough to get out on the road and make a difference,” Newman wrote.

At the center of the code enforcement controversy is farmer Hank Kuchar, who previously said DeCaire unfairly harrasses him about unused farm equipment on his property.

“He doesn't know what he's enforcing and he doesn't have any feeling for the farmers,” he said in October.

DeCaire said he will begin looking for Newman's replacement immediately.

“It's a big place for one guy,” DeCaire said.

- Contact Sarah Bazzetta at 725-5136 extension 222 or argusnews@charterinternet.com.

Comment on this Story


Anne wrote on Nov 26, 2008 9:56 AM:

" While I agree that the ordinances may be similar, they are still all new regarding farmers (30 years or less) and involve the influx of residential home owners. The issue here, as you well know, was more the application of them... that it has been more related to how it 'looks' because of the proximity of the fair. How close they are to the road would not matter otherwise. It may be nice if Mr. Kuckar wished to sell for scrap as you had to, but it must be his decision.
Good luck on your new endeavors, Mr. Newman. "

Kirk Newman wrote on Nov 26, 2008 8:36 AM:

" Ann, I appreciate your comments. I disagree with your belief that the current ordinances are the views of new comers to the country. The Caledonia Charter Township ordinances are identical to all the other townships I have worked in. All of these townships had a combination of urban, agricultural and commerical zoned areas. I grew up in Hazelton Township and now live in Albee Township, Saginaw County. I have been involved in farming all my life. In this day & age with the economy, higher taxes and hardly breaking even with crop prices; farmers need to cut corners where ever possible. I sold enough old scrap metal last year to pay all my taxes for a year. Mr. Kuchar probably has $30,000 in scrap metal that will never be used again for its intended purpose. Many farm operations keep old tractors and equipment to canibalize for parts, but they do not park it along side the main road. There is nothing significantly different about the ordinances in Caledonia Charter Township than other townships in the surrounding area. Caledonia Charter Township is not alone with its ordinances regarding junk, it is the same as other townships. "

Anne wrote on Nov 24, 2008 2:01 PM:

" Mr. Newman, while I agree your situation was quite complicated (the vast array of zoning issues with Caledonia Twp. would make it so alone), many of those complications came from relatively recent changes, in Mr. Kuckar's case in particular. The board members understand this... Old farmers have not allowed a 'junk yard to develop next-door and drive down their property values'... they existed long before the changes that you were 'forced' to enforce. Those complaining moved into the area knowing this to be their neighbor. Their 'property values' are their own doing. There is a trade off for lower taxes compared to the city... You do not get to tell your neighbors how to live. Country people have nown this for a long time... "

Kirk Newman wrote on Nov 23, 2008 8:50 PM:

" It is unfortunate that the rest of the story has not been published regarding my resignation from Caledonia Charter Township. It seems that the media fails to provide their readers with all the facts of a story and skillfully publishes edited portions. I can not perform my duties as the Ordinance Enforcement Officer for Caledoina Charter Township when members of the Township Board like Joe Janca want to play favorites like the "good-old-boy-system" and have enforcement dropped against one person like Mr. Henry Kuchar, but support the same enforcement against other members of the township. I have worked as a Police Officer and Deputy Sheriff for the last 16-years; you can not play favorites, everyone you deal with has to be treated the same. Mr. Janca was excited and came to watch the execution of a court order to have several junk vehicles, including a motor home removed from a residence on Kirby Road last July. The Michigan State Police and Shiawassee County Sheriffs Department were present. Now that there is a complaint from Mr. Kuchar, Mr. Janca wants special exception for Mr. Kuchar. Township Board Trustee Hagadon made a motion at the November 17th meeting to have the violations against Mr. Kuchar dismissed, which did not pass. What about all the other Ordinance violations where township citizens have been forced to clean up their property by court orders or the citizens cleaned up and corrected violation willingly?

Mr. Janca threatened to have the Township Supervisor Joe DeCaire "Recalled" within six months if he continued to do his job, which is enforcing the ordinances. Peter Goodstein the Township Attorney was present at the November 17th meeting and informed Mr. Janca that Joe DeCaire was doing his job under State Statute when enforcing the ordinances. Mr. Janca said he would change that and was again reminded by the Township Attorney that he couldn't, it was a State Statute. Trustee Bruckman accused me of being selective in my enforcement, which is not true. Mr. DeCaire even attempted to explain that Ordinance Enforcement is like a triage where you take the most serious cases first. I explained to Mr. Bruckman that I am only part-time and that I can not get every single violation there is, just like there are probably 100 people speeding in the county, but only one will probably get a speeding ticket. If a police officer is running radar for speeders and two cars approach, one is going 5 MPH over the speed limit and the other 20 MPH over the speed limit, who do you think is going to get pulled over? It is the same with Ordinance Enforcement; I take the worse cases first.

With regard to Mr. Kuchar who lives across from the Shiawassee County Fair Grounds, he was notified over 4-years ago by the previous Ordinance Officer in March 2004 of the violations on his property. The complaint is not just old farm equipment as reported by the media, there is a very large bulldozer with no blade that has not run according to local residents in 20-years, there is other junk equipment that has nothing to do with agriculture, which does not fall under the "Michigan Right To Farm Act (Act 93 of 1981)." There is a lot more to this story than has been reported by the media, which seems to be the norm these days. If anyone should be under consideration of being recalled, it is members of the Township Board who want to play favorites and threaten their own Township Supervisor with recall for doing his job. Myself, as the Ordinance Enforcement Officer was threatened by Trustee Hagadon with termination because the Township Supervisor was assisting me with Ordinance Enforcement.

The citizens of Caledonia Charter Township that want and appreciate a township that is not cluttered with junk vehicles, junk, trash and rubbish need to start attending township meetings and possibly recall board members who do not support a clean township. Mr. Janca and other Board members appeared to be "show-boating" in front of a "stacked" audience at the Township Board meeting on November 17th when I decided to resign. Mr. Janca made a comment at the Board meeting that he represents the people who elected him to office, I would like to know how many people who voted for Mr. Janca want a junk yard to develop next-door and drive down their property values. I guess that it is Mr. Janca, Mr. Bruckman and Mrs. Hagadon's belief that when the new Sheriff of Shiawassee County is sworn in, that he should only enforce laws and County Ordinances that the violators don't complain about. "

Jn wrote on Nov 20, 2008 6:01 PM:

" Rules are rules and laws are laws we ALL must follow them or penalized!! "

theyre no better than city folk wrote on Nov 19, 2008 3:44 PM:

" i think its utterly rediculous that people that live in the country think they get a free pass to leave garbage and vehicles all over their property. They need to be treated with the same rules and regulations as city residents! Joe is a great guy and just doing his job and doing it well! If you dont like the rules then try to change them or stop complaining! Those unsightly broken down vehicles and eqipment also DO pollute our environment as well! "

Anne wrote on Nov 19, 2008 3:13 PM:

" Not at all Rusty, I just find it highly amusing when those from the city move to the country for the 'atmosphere', then whine their way into all the ordinances that quickly exist because of them, that stomps out said atmosphere.
Don't move to a dirt road (one of the most common complaints of the neo-country people... lol) if you don't like dust. "

cc wrote on Nov 19, 2008 11:51 AM:

" It would appear that Mr. Newman was just trying to do the job that he was hired for. Why is he getting such harrassment for it? If a person is having an issue with the ordinances of thier county/township, than take it up with those responsible for the origination and enforcement of those ordinances. Besides, if Mr. Kuchar, or any other land owner, within Mr. Newman's jurisdiction is in violation, than they should be ticketed/fined, etc. If a person feels that an ordinance is not feasible, than try to change it through the proper channels. Don't kill the messenger. No one, regardless of location-city or country-wants to see decaying vehicles or equipment sitting in the field/yard. If the piece of equipment is no longer able to be used for the operation it was intended why not get rid of it? I am guessing with the price of scrap these days it might fetch a pretty penny. As far as the comment from Dee, about "Land Grabbing Builders", it is a land owners choice as to if/when and to whom they sell their land too. If you would rather not see a "subdivision in the middle of Farm land" than get off your checkbook and buy it yourself and make it a farm land preserve. I don't like seeing farm land disappearing any more than any one else, but if that is what one chooses to do, than so be it. "

Rusty wrote on Nov 19, 2008 10:38 AM:

" Anne (11.18) thinks farm equipment rusting in the "back 40" is "rural life" and rebels against an "orderly community" ... sad. "

Dee wrote on Nov 18, 2008 9:09 PM:

" Well as long as the farmers sell off their Property to LAND GRABBING builders...Guess we are at the mercy of how they now want to enforce their "laws" Love seeing SUBDIVISIONS in the middle of Farm Land..Want a subdivision live in a gaited community somewhere else! Stop taking over the lovely farm land ...and we can keep our tradtions of many families.. "

Anne wrote on Nov 18, 2008 4:36 PM:

" "At the center of the code enforcement controversy is farmer Hank Kuchar, who previously said DeCaire unfairly harrasses him about unused farm equipment on his property."

Sadly this sort of thing is common when communities become more... suburbanized, for want of a better word, as has happened in Caledonia Twp. Farmers who have been there for decades wind up with enforcement officers that have no sense of the rural life, or worse, wish to eliminate it in favor of a more 'orderly' community.

I sometimes wonder what developement truly costs us in the long run... "


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