PENINSULA TOWNSHIP BOARD
REGULAR MEETING
October 13, 2015
Meeting called to order at 7:00 p.m.
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PRESENT: Rosi; Witkop; Correia; Hoffman; Byron and Avery
ALSO PRESENT: Peter Wendling, Township Attorney; Michelle Reardon, Director of Planning and Zoning and Mary Avery, Recording Secretary
ABSENT: Weatherholt (excused)
CHANGES/ADDITIONS TO AGENDA
MOTION: Rosi/Witkop to approve agenda as presented. PASSED UNAN
BRIEF CITIZEN COMMENTS (FOR ITEMS NOT ON THE AGENDA)
- Matt Biolette, Republic Services spoke concerning waste services for Township.
- Sue Kinney 14743 Shipman Road spoke concerning Zoning Board of Appeals case #840
- David Taft 952 Neah-ta-wanta Road spoke concerning Zoning Board of Appeals case #840
- Mark McKellar G.T. County Road Commission presented County budget news. Rosi feels the Township is not getting any Road Commission funds. Old Mission Road is in very poor condition. McKellar will look into the drop off issue Rosi is concerned about right way on Old Mission Road.
- Rick Shaffer 999 Beautiful Shores spoke concerning how waterfront lots are assessed.
CONFLICT OF INTEREST
Correia advised he has a conflict with item #4 on the agenda.
CONSENT AGENDA
1. Meeting Minutes
2. Edit lists of invoices & additions to the edit list of invoices
3. Correspondence (as provided in packet)
4. Reports and Announcements (as provided in packet)
A. Officers – Clerk, Supervisor, Treasurer
B. Departmental – Planning Commission, Zoning Board of Appeals, Attorney, Engineer, Library, Fire Board, Park Commission and Township Deputy.
September 8, 2015 – Regular Meeting
September 8, 2015 – Special Meeting
September 11, 2015 – Special Meeting
September 16, 2015 – Special Meeting
September 28, 2015 – 2nd Regular Meeting and Special Joint meeting with the Township Board and Fire Board
5. September 2015 Payroll
6. Sign Request – Old Mission Women’s Club Cookie Sale (recommend approval)
Rosi presented the Planning Commission report.
MOTION: Byron/Avery to accept the Consent Agenda as presented.
ROLL CALL VOTE: Rosi-yes, Witkop-yes, Correia-yes, Hoffman-yes, Byron-yes and Avery-yes. PASSED UNAN
BUSINESS
- Old Mission School Enrollment Issues – Vicky Shurly. Vicky Shurly presented facts concerning the possible closing of the Old Mission Peninsula School. Here to call the Board to action. TCAPS has not made any decisions at this point. This is the only school in the area that has a library in the school building. She would like every Board member to attend the meeting if possible.
- PDR Program Discussion. Matt McDonough Grand Traverse Conservancy next applicant is ready and the Township has the money. There is a matching grant available if the Township and applicant are willing to wait until January. Board consensus was to begin work on the next applicant as they are already ranked and to have the Conservancy work on the matching grant.
- Dock/Hoist Enforcement Discussion. Peter Wendling, Township Attorney spoke concerning residents that disagree with the Township that it has the right to regulate docks and hoists. Feels that we should get an opinion from the Attorney General for some guidance. Reardon agrees this is a good idea. There is no cost to the Township. Board agrees to have Wendling move forward with this action.
- Kahn Appeal of FOIA Request (15-08) Deliverables
MOTION: Hoffman/Byron to recuse Correia from the Board. PASSED UNAN
MOTION: Witkop/Byron to appoint Hoffman as Chair. PASSED UNAN
Wendling advised the Board to move this issue to the next meeting scheduled for October 26, 2015 as that is within 10 business days.
MOTION: Avery/Witkop to schedule the Kahn FOIA appeal for October 26, 2015 at 1:00.
Rosi would like a chronological list of events. Feels confused about what we are making a decision on.
Would like to see the information that the ZBA received. Byron agrees. Rosi are we only discussing the
FOIA? Hoffman yes, this is the only item on the agenda right now. Hoffman reviews the FOIA appeal for the Board. Rosi are we going to get information about the questions? Wendling advised he will address the attorney client items as to what the law is. We will get the information to the Board well in advance to make sure you have the material you need to make the decision. Hoffman we have a motion on the floor. We also have a memo that came to all of the Board today from Ms. Kahn via email to put her request on the agenda at a future Board meeting. Suggests we have Wendling address this memo in writing and add it to the agenda on the 26th. Byron expresses concern that we make sure the community gets the information that they need. It is our responsibility. PASSED UNAN
Reardon has copies of the Zoning Board of Appeals packet and will provide copies to the Township Board members.
Witkop: Now that the ZBA has ruled it is not in their jurisdiction, can we as a Township Board deal with it? Wendling advised that is what we will discuss on the 26th. Hoffman reviews the issues in Ms. Kahn’s memo dated 10/13. Witkop I want to make sure we get to a point of this Board understanding what we can legally do now that the ZBA is involved and then dealing with it if we legally can. The Township Board cannot overturn a ZBA decision. Rosi references a letter to Elise Crafts from Wendling that describes the ordinary high water mark for zoning purposes described in Section 6.1.3(5). Witkop advised the Board that in assessing and land divisions they do not always use the same parameters as zoning. What Rosi is reading applies to zoning.
MOTION: Avery/Witkop to bring Correia back into the meeting. PASSED UNAN
Hoffman asks that if the public has specific questions concerning the October 26th meeting please email them to the Clerk’s office by Monday the 19th at 4:00p.m. This will give our attorney time to review them.
5. Zoning Ordinance Bid Discussion. Reardon distributed the Zoning Ordinance bid proposals. Requested that a small committee be formed to review the proposals. Witkop and Byron volunteered. Reardon asks that any questions the Board has concerning the proposals be to her by Monday, October 19th.
6. Door Replacement/Upgrade. Correia advised we need to have several doors replaced. The front doors to the main office along with the sills; the walkout doors in the basement and the doors at Station 1 (agenda mistakenly lists Station 2). Discussion followed. Correia will report back to the Board on his progress.
7. BCBS January 1st Renewal. Hoffman explains memo regarding moving the Blue Cross/Blue Shield renewal date to 1/1/16. Board agrees. The Health Savings Account contributions will be discussed at a future meeting.
Public Comments: None.
Board Comments:
Avery asked if the Bayshore Marathon is going to be on the next agenda. Witkop asks if Chief Ronk was present at the Bayshore Marathon this year? Correia advised yes he was. Reardon advises meeting with the emergency responders before her pre-race meeting with the Bayshore Marathon representatives. This will be put on the November second meeting agenda.
MOTION: Avery/Byron to adjourn at 8:41 p.m.
MOTION PASSED
Respectfully Submitted,
Mary Avery, Recording Secretary
These minutes stand to be approved at the next meeting scheduled for November 10th, 2015
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