Cloverdale to regulate vacant buildings

Monday, January 15, 2018

CLOVERDALE -- The council was introduced to Ordinance 2018-1, which will regulate vacant properties within the town limits.

The ordinance, if approved, would require vacant buildings (including those being used as storage) to be registered with the clerk-treasurer along with ownership and contact information. It would also require owners to maintain insurance on the property and provide a written plan to the town for getting the house on the market.

It also requires the building inspector to report all vacant buildings to the council every six months.

The ordinance would require a $200 annual registration fee as well as a $500 fee for each initial inspection of a vacant building, with each additional reinspection costing $75. Violators would be subject to a minimum fine of $100 per day per violation or a maximum fine of $750 per day per violation.

“So these wouldn’t be sitting here not doing anything for 20 or 30 years,” Clerk-Treasurer Cheryl Galloway said. “There’s actually going to be a plan to put these buildings back in.”

In answer to a question from Gary Bennington, Clerk-Treasurer Galloway said that the ordinance was based on a similar ordinance from another town.

Bennington had moved at the start of the meeting to remove the ordinance from consideration, but it was not seconded.

“It’s a bad thing for the town, and it’s already got most of the stuff on it in the ordinances,” Bennington said. “And it’s a bad, bad thing. It’s extortion for the town. It gives too much to the building inspector, too many fines, too much extortion money is what I call it.”

He went on to say that rather than paying the building inspector, the town could have the town marshal inspect the buildings for free and make a recommendation to the Board of Zoning Appeals, which would pass it on to the council, which would then be responsible for addressing the issue.

Copies of the ordinance are available at the Cloverdale Town Hall. The council is set to consider approval at its next regular meeting.

In other news:

-- Absences: Don Sublett was absent.

-- Be the Change-Act: The council was introduced to the “Be the Change-Act” program, which is designed to raise awareness of community by distributing T-shirts listing local volunteer opportunities, governments and organizations, similar to a high school letter jacket.

The shirts, made locally at Odd Fellows Printing and Graphics, will be individualized by checking off each organization the person is involved in. At the end of the year, the person with the most checkmarks will receive $500.

Some designations on the back of the shirts are: Veteran; volunteer first responder; FFA; band; baseball team; teacher; coach; shop locally; farmer; own a business; leader of faith; Lion Club; Main Street; employed in town; member of the Chamber of Commerce; elected official; voted in an election; I live in Cloverdale.

“We’re trying to get people to become active citizens,” Marshal Steve Hibler said, “to understand what all’s available out there.”

The council was favorable to the idea and will consider approval at a later date.

-- Claims: The council approved claims at a total of $309,695.

-- LED streetlights: The council approved the purchase of LED lights in 135 existing streetlights from Duke Energy at a total cost of $77,399.58. Town Manager Wayne Galloway said the lights are expected to recover their cost in eight years.

-- Officers: The council appointed Coweta Patton president and Larry Fidler vice president. The council also re-appointed the Redevelopment Commission: Wayne Galloway, Matt Nichols, Andrea Nichols, Emma Hoffman and Alissa Atwell.

-- Stardust Road: The council approved paying Midwestern Engineers $11,197.80 and United Excavating $76,341.63 as work on Stardust Road continues.

The Cloverdale Town Council’s next regular meeting is set for Feb. 13 at 7 p.m. in the Cloverdale Town Hall at 154 S. Main St.

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  • I agree with Bennington. It’s extortion for the town. It gives too much to the building inspector, too many fines, too much extortion money is what I call it.” Its always something to RIP OFF the citizens of Cloverdale.

    -- Posted by Old Man on Mon, Jan 15, 2018, at 9:54 PM
  • *

    Are there any other ordinances, taxes, penalties, fees, etc. from her town tours that caught Cheryl's fancy? Perhaps we can put them on the agenda, too!

    Like "Old Man" above mentioned, anyone that agrees to this small town nightmare would have to be either crazy, extremely ignorant, apathetic, or just have an agenda in mind. There's got to be a conflict of interest when the building inspector would be collecting the fees, but that aside, Gary's idea is by far superior to the ordinance being proposed and is 10x less invasive while simultaneously decreasing the number of points of failure between the inspection step and any final fee collection steps due to increasing the number of reviews an case would take, each consisting of multiple parties being involved.

    Also, is it possible that a contract between a home buyer and am owner of a deed could become null if the town introduces itself into the agreement (albeit implied or passive involvement)? Because that's essentially happening in this where the town runs around slapping wrists of those that lack insurance or neglect to register their vacancies. It's not illegal to lack insurance on homes that satisfy various obligations of their corresponding legal architectures but often involve the parameters of the given loans involved. Adding this ordinance creates a situation where standard agreements are no longer standard agreements.

    The whole thing is rubbish and there's so much in this that isn't defined (i.e. - What defines a "building?" Where did those numbers for the costs and penalties come from?) that I can't shake the feeling it's a lawsuit just itching to happen.

    ...but I could be completely wrong.

    -- Posted by DouglasQuaid on Tue, Jan 16, 2018, at 12:00 AM
  • Mr. Bennington, thanks for being the only voice of reason on this board. Are the Galloways trying to make Cloverdale into Carmel? Ain't gonna happen (pig's ear/silk purse kind of thing). And how can a building used for storage be described as "vacant"? The next town election can't come soon enough.

    -- Posted by Ben Dover on Tue, Jan 16, 2018, at 8:21 AM
  • If the property owner is required to let the council know when they will be putting the building on the market it is a catch 22. Who is going to buy a building in Cloverdale with the town ordinances that are being opposed here? So again, the council wins and the property owner loses.

    -- Posted by Nit on Tue, Jan 16, 2018, at 8:53 AM
  • So if a home burns do they have to pay the ridiculous fees? I mean it's vacant at that point. People that want to sell their home or have rental property have to pay? Those are vacant. This is the most ridiculous ordinance yet. Just another way for Cheryl and Wayne to try to fill their pockets. They have to go, there has to be a way. They are ruining this town. On top of this "shirts"? This isn't high school. How about doing it the old way. Advertising and recruiting volunteers. Most people don't even know about all the volunteer groups around. Shirts? Pathetic! Gary Bennington my hat is off to you in not being a puppet like the rest of them and letting the board control you. Thank you for trying to protect our town. Will need to fill the town hall at the next meeting! We need to find a way to get the Galloway's out! We need to take our town back!

    -- Posted by putnamcountyproud on Tue, Jan 16, 2018, at 12:27 PM
  • Very interesting views but I still don't get why the Wendy's building can be vacant for five years, and now the KFC building. How has a boarded up building (2012) help the businesses downtown? Or Dr. McCardle old Dr office. It seems all the money has been sucked out of the Community and nothing has been put back into it. A plan may be needed because nothing is happening to bring back money in our Historic business or the businesses off the Interstate. I don't know how to resurrect a dead community but someone better find the answer because Cloverdale is red lining. Everyone keeps talking about a steakhouse or upscale dining but if you count all the empty buildings (businesses) no one with money would touch Cloverdale. So Putnamcountyproud, Nit. Bendover, DouglasQuaid, You better pull your ideas and get them to Mr. Bennington to save the Town

    -- Posted by Franklinheart on Tue, Jan 16, 2018, at 2:30 PM
  • clerl why would any business want to come to Cloverdale? Between all of the ordinances, fees and the water & sewer bills, most businesses turn away. On top of that they are running off businesses & residents everyday! The few people in this town that try to do something to make it better just gets slapped with another fee. I'm with you, people need to not only contact Mr. Bennington but they need to be at the next meeting

    -- Posted by putnamcountyproud on Tue, Jan 16, 2018, at 4:00 PM
  • *

    clerl -

    Was a distinction ever made about this ordinance being applicable for a particular zone type? I.e. - Applying it to commercial properties instead of residential buildings? I do think you would get more buy-in if it applied only for commercial lots / empty commercial buildings as that would be a clearer sign that initiatives are being mulled for "deadbeat companies" instead of projecting a portrait of a leadership that is more concerned with turning on their own residents through invisible hand tactics that exercise penalty mentalities. So maybe things just aren't being communicated clearly?

    If you bring up ROI, then surely spending $77,399.58 on LED lights with an 8 year payoff is something worth discussing? Whose *bright idea* was that? We're not in the *dark ages* without those, are we? Okay, enough puns but you *see* where I'm going with this...

    It just seems to me that the model adopted thus far has been "spend first." Is it worth adopting a "curb costs first" methodology until a clearer architecture for the future has been devised?

    Adding to all that, has the current leadership...

    1.) ...performed a SWOT analysis of the town to identify its strengths, weaknesses, opportunities and threats? If so, where are the results of said study? If not, why?

    2.) ...conducted any special events to enable community input centered on bringing the community together to form a vision and set goals for local economic improvements? No, I'm not talking about a monthly meeting...rather, I'm talking about an actual event that is professionally-planned and conducted in one of the namesake establishments that exist in town as a means of helping the community realize that everyone is in the boat together. It would encourage community cooperation, communication, vision transparency, and enable camaraderie. Maybe something like this could be held in the high school gymnasium?

    3.) ...created any special planning committees to form conducive relationships with both local and non-local business leaders or sought out experienced consultants to provide input that any preexisting leadership members might be overlooking?

    4.) ...investigated the chances of having a business facilitation office?

    5.) ...explored non-traditional advertising outlets to pitch the town's strengths or performed any research to see what tax breaks, micro-loan plans, reduced fees, etc. might be possible as a means of having things to pitch to businesses?

    Cloverdale has a lot going for it, mostly due to the local businesses that already inhabit the town but also due to its country-esque appeal and available natural resources (i.e. - Lieber State Recreation Area and Cataract Falls, to name a few). There's a lot there to invest in just through advertising alone but also from the community that has always been there from day 1. It's a historical town with many generations having had a hand in its upbringing and a lot of sentimental worth. Surely this means something to companies somewhere? Everything from Pizza Niche, Chicago's Pizza, the Feed and Grain place, the Expo, the great schools... What all has been done to invest in these things and convey that to both current and potential businesses?

    I didn't mean to come across in an offensive way. If I did, I sincerely apologize...but let's not depict Cloverdale as some sort of helpless soul set adrift in a stormy sea yelling for help as it hardly keeps its head above raging waters, either. It just needs better direction from a leadership that needs to slow down, do more research, and foster a stronger and more transparent sense of communication and planning.

    -- Posted by DouglasQuaid on Tue, Jan 16, 2018, at 4:06 PM
  • Clerl. If you were the owner of Wendy's,KFC, and the doctor's office I bet the shoe would be on the other foot. KFC has a 'For Sale' sign. Maybe you should buy it since you don't like empty buildings. As long as these owners pay taxes then what concern is it to anyone except the owners. I am sure they as owners would like to see their buildings not set empty either. Instead of stabbing them in the back and putting financial penalties on them why not use a little common sense and help them do something

    -- Posted by Nit on Tue, Jan 16, 2018, at 8:50 PM
  • You need to look up the word extortion. That is a illegal act! Last I checked, introducing an ordinance is not illegal. Most ordinances have fees & fines. Also, did you notice that Mr. Bennington couldn’t state any Town Oridiance he was talking about? It’s because he dosent know of any. Thats why the Wendys is boarded up, the buildings downtown (9 & 11) are boarded up? Is it any coincidence since Mr Bennington has been on the Town Council that all these buildings have been boarded up & he wants to defend that kind of actions. Just drive through Star dust hills where Mr. Bennington lives & you will see MANY old unoccupied HOUSE TRAILORS that are empty & have been empty for years! Many he drives right by on a daily basis & says nothing about how bad they look or introduces anything to be done about them. Then the first time anyone brings up and idea to address these issues, he says it’s extortion? LOL what a joke! If you want Cloverdale to stay boarded up, then please keep Mr Bennington on the Town Council. I lived here in Cloverdale for many years & I sure dont want to see a boarded up Town. Please keep up the good work on ideas to address these kinds of issues that make our Town look BAD! It may not be a perfect idea that was brought up, but you have to bring ideas to the table, so we can make Cloverdale a better place to live. OH, and on the building permit fees? I was in the building Inspectors office a couple of months ago & got a permit for my property, and asked if the building permit fees still went to the building inspectors office? I was informed in the September 12th 2017 meeting that the Town Council voted that all building permit fees no longer go to the building inspector. 100% goes to the Town. The building inspector is payed $250.00 a week for being a Certified building inspector! Thats only $12,000.00 a year. The former inspector made over $40,000.00 a year. Big difference in pay if you ask me? HUMMM?? The town has had many meetings on SWOT & spent Thounds of dollars to have these studies done. Last I heard concerning SWOT, the Town has a Comprehensive plan in the works! Yea! Also, the Town just tried to get the FACADE Grant, where the Grant covered 80% of the Construction cost & the Owners had to cover 20% of the cost. Over half of the participanting owners couldn’t cover the 20% cost? Project in my opinion is doomed! That dosent mean the Town gives up! Back to the drawing board with more ideas?

    -- Posted by Westside on Tue, Jan 16, 2018, at 9:05 PM
  • Really discouraged to read this. The demand for housing comes with jobs. Senior citizens need to be close to medical facilities. Cloverdale offers neither.

    With rooftops comes retail. Even Greencastle has lost some of their fast-food restaurants recently. The vacant buildings are unfortunate but fines are not the solution.

    There is nothing in these posts that would give anyone a reason to move to Cloverdale. Running down your neighbors is not an idea, Westside, but your post is informative!

    So, the town is proposing more work for a part-time employee who is capped at $250 per week. There nothing in this proposal except another revenue generator for the town. The town is redlining? Based on what? The town already has more events and activities then most.

    -- Posted by letspulltogether on Tue, Jan 16, 2018, at 10:44 PM
  • My dictionary shows extortion as meaning 'too high' as in pricing. In re-reading the above article it says that when questioned by Gary,Cheryl replied with 'a similar ordinance in another town'. No mention of Gary being asked that question. So yet an ordinance is not illegal and can come with fees that is not the issue here. Gary was stating a fact that by exortion those prices were way too high for our town. And the fact that this ordinance is not needed for Cloverdale. Maybe this is the reason the last inspector left or was 'booted' out is because the couple who seem to be running our town wanted to switch the inspector fees over to their pockets.

    -- Posted by Nit on Wed, Jan 17, 2018, at 7:23 AM
  • I would say that more people attending the meetings could possibly change some of these ordinances and fees, but from what I have heard, whether fact or fiction I don't know, that unless you are on the agenda you have no voice at the meetings. If this is true that is wrong. Also why would you all make comments about Gary Bennington, when he is obviously the only one looking out for the residents and business people? I also agree, why is the town redlining? Where is all the food and beverage tax money that was suppose to help lower the water and sewer bills yet Cloverdale is the 2nd highest in the county. Oh and the $250 per week for the current building inspector, did you all know that he is also the town manager? How much does he make for that?

    -- Posted by putnamcountyproud on Wed, Jan 17, 2018, at 9:38 AM
  • Ah, PunamCountyProud, thank you for the clarification. If Wayne Galloway, the Town Clerk's husband, is now the Building Inspector in addition to his F/T employment in the newly created role as the first Town Manager, then this does put a different spin on things.

    I believe you are correct. It may be Roberts Rules of Order, but one does need to be on the agenda in order to speak.

    I am curious about your comment, redlining?

    Is the real problem that the only thing that is growing in Cloverdale is the size of the government?

    Oh! And, crime? At one time, people could move to small towns for a slower way of life and less crime. The "less crime" is a thing of the past. The crime in rural areas and small towns is as bad as anywhere. So, yes to the Police Force. No, to a Town Manager in a town with a shrinking population.

    -- Posted by letspulltogether on Wed, Jan 17, 2018, at 11:31 PM
  • Why can no one speak at a meeting without being on the agenda? If the meeting was handled correctly as in most towns, a person could speak and ask questions if they raised their hand. Is this Cloverdale only and a way to prevent the community from getting involved? Another ploy for the Galloway's only to speak? So what I am hearing is that- if I want to attend a meeting and voice my opinion then I must call ahead of the meeting time? And at that time is it the Galloway's who make the decision whether I can even get on the agenda?

    -- Posted by Nit on Thu, Jan 18, 2018, at 6:51 AM
  • How many meetings does a board member need to miss before they are replaced by "Roberts rule of order". We have a member that has missed several meetings and I feel he is sick or he would be at the meetings. I have never checked to see if the town of Cloverdale is ruled by the Roberts rule of order but it used to be of course so many things have changed with laws and ordinances and etc. Please stop airing dirty laundry go to meetings and express concern. Your taxes pay their salaries and we still have some good people. We were for so many years just like a super nice family. It can be again Everyone has a right to an honest opinion as long as it is in good faith and not mean to your neighbor. RESPECT YOUR NEIGHBOR AND FRIENDS WE ALL CAN LIVE TOGETHER

    -- Posted by tripro on Fri, Jan 19, 2018, at 8:52 PM
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