(Editor’s Note: Grant Parsons responds to Kate Jerman’s Candidate Questionnaire and says that WOMP – the Wineries of Old Mission Peninsula – are indeed seeking damages. Read on for his thoughts. -jb)
Thank you for Old Mission Gazette’s questions to the township candidates. The OMG(!) questions are specific, but some answers are misleading. Some candidates seem to be misinformed:
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OMG asked this question: If Township insurance does not cover all the damages claimed by the wineries in the winery lawsuit, how do you feel about OMP residents having to personally pay for those damages?
Candidate Jerman responded with this: “Please provide documentation that WOMP is looking to seek damages from OMP residents. I have not seen this documented, and personal discussions with wineries in this lawsuit do not support this claim.”
The documentation of WOMP’s mega-millions claim is a matter of public record. In WOMP’s written Trial Brief, which was filed in United States District Court for the May trial, WOMP’s wineries listed their demands.
Black Star (“Winery at Black Star Farms LLC”) is demanding Peninsula Township pay $1,344,200 annually in damages for prohibiting large events and weddings. Bonobo winery (“OV the Farm LLC”) is demanding $1,267,500 annually in damages. Mari Winery is demanding over $1,500,00 annually.
This is a screen shot from WOMP’s trial brief (Editor’s Note: Read the full Brief here. -jb):
In addition to the alleged losses for not being allowed to host large events and weddings, the wineries are each demanding damages for other Agricultural-zoning restrictions.
Another key fact that Ms. Jerman and Mr. Clark may not understand: Under Peninsula Township’s PDR ordinance, the property where Black Star operates received $435,000 in PDR tax money, and owners signed an easement agreeing not to have non-agricultural activities on their Ag-zoned land. (Easement available at Peninsula Township Office; Liber 176 Page 494, Deed of Conservation Easement; 22 September 1997)
The property where Bonobo operates received $224,000 in PDR tax money, and owners signed an easement prohibiting non-agricultural activities on their Ag-zoned land. (Easement available at Peninsula Township Office; Liber 196 Page 085, Deed of Conservation Easement; 5 January 1998)
The winery operators knew all that when they bought the property. The easements are recorded and are part of the land deed.
We taxpayers paid a total of more than $650,000 for those written, voluntary easements. This is what the easements state: “WHEREAS, the conservation of the Property by this Easement guarantees that the land will forever be available for agricultural production and open space uses … the GRANTOR, their heirs, successors and assigns shall only be entitled to use, lease, maintain, or improve the property for agricultural and open space uses…”
A third key fact that Ms. Jerman and Mr. Clark may not understand: In addition to the voluntary easements, Peninsula wineries voluntarily agreed to Special Use Permits to operate a winery on Ag-zoned land, with specific terms. I need to repeat that: WOMP owners voluntarily signed SUPs defining the use of their Agricultural-zoned properties.
Ms. Jerman and Mr. Clark may not like zoning rules, and they may not like the fact that our Township enforces Agricultural Preservation easements. But we taxpayers paid handsomely for those easements, and winery owners agreed to the terms of Special Use Permits. Now the wineries want to welch on the deal.
Speaking of property rights, what about Residential Property Rights? The right to get what we taxpayers paid for. The right to sit on the porch of our home and enjoy the peace and quiet without outdoor amplified music and caterwauling wedding events. Our Old Mission Peninsula home and our PDR rights are things WE taxpayers paid for. Do WE get to enjoy what we paid for?
We neighbors elected and hired Township officials (like Mr. Sanger, Ms. Cram, and Maura Sanders) to administer the zoning rules so we can enjoy our peace and quiet. Sanger and Cram and Sanders didn’t invent the rules; we elected and hired them to enforce our rules.
I invite Ms. Jerman and Mr. Clark – and all voters – to become informed about the public record of WOMP’s lawsuit and WOMP winery easements and Special Use Permits. The proof is there for everyone to see, if they are interested enough to read.
WOMP wineries are either lying to the United States District Court by filing false claims for mega-millions, or lying to Ms. Jerman in her “private discussions with wineries.” Ms. Jerman obviously believes her “personal discussions with wineries” are more truthful than the public record. In their answers to Old Mission Gazette, Ms. Jerman and Mr. Clark claim they believe in Due Process, but reliance on “personal discussions with wineries” is the exact opposite of Due Process.
Do Peninsula voters really want to vote for people who rely on their personal relationships instead of the public record of facts? WOMP has obviously persuaded Ms. Jerman in private. But are private discussions and personal relationships the basis for Peninsula government – or any government?
Again, thank you, OMG. With OMG’s questions and answers, we voters are better able to decide the question: Who do we want to vote for, who will publicly conduct Peninsula Township’s government?
Respectfully,
Grant Parsons
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Thank you Grant.
These litigation facts are the 11 wineries of WOMP telling us what they feel entitled to do despite clear community preferences to the contrary: to transform our carefully maintained beautiful agricultural and residential peninsula into a winery theme park and extensive event center…and they want the money to do so to come from your pocket! The increase in commercial activity (much of which is near or adjacent to residential neighborhoods) will result in more traffic, DUIs, and noise. Moreover, the wineries would like you to elect candidates that support their efforts. So carefully consider who you favor for continued creation of ordinances, consensus based alterations and enforcement. Also, what would you like to hear across the peninsula: the sounds of nature and occasional farm equipment or the Rock Lobster, the Chicken Dance, and the Macarena. We all want the entire community to thrive through continued careful consideration of all the residents-not just a few.
Hello Mr. Parsons,
It was a pleasure speaking with you on the phone. Thank you for taking my call and for providing court documents in your response. As we discussed, in my Q&A when I asked for documentation, court documentation was what I was referring to. I was not looking for information that is posted on a website, but rather court documentation. Currently I am going through hundreds of pages of court documents starting at the beginning of the lawsuit.
I am doing that so I can fully understand the facts. That is the only way to have a 360-degree view of how we got here. When I commented regarding my personal discussions with the wineries, I asked some winery owners if they wanted to pass on the damages to the residents. They all said that they did not want to hurt the residents. Yes, the wineries are seeking damages. It is my hope that our insurance policy will cover any damages if the judge deems that damages should be awarded. It also would be good for the residents to know what the Townships insurance policy will cover up to regarding damages.
I just received a call from Dave Curtis regarding this article and I was pleased that he took the time to personally call me. This is what we need more of from my perspective. Let us be neighbors and take the time to pick up the phone and speak to one another. Now I have never run for political office, and I am sure that some who have would tell me it would be better not to comment. I do not agree with this mindset. In our country now we have news bites and information that is distributed, and it does not allow for someone to really understand all the facts and information about why someone responds to a question with their answers. I answered the questions truthfully as that is the only way I know how to be.
Please know that I am someone that takes the time to read all the information and facts so I can be well informed. I am currently going through the master plan draft, as well as the previous plans so I can have a better idea of how our township has changed throughout the years. It is vital to read all the facts and history of how we got to where we are now and what is best to serve our residents.
As you said, thank you for having the courage to pick up the phone and be neighborly. That is me to my core and I hope that I can bring that to our Township as an elected Trustee.
Sincerely,
Kate Jerman