MARION TOWNSHIP

PLANNING COMMISSION

AGENDA and DRAFT MINUTES

REGULAR MEETING

February 22, 2011

7:30 p.m.

 

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

 APPROVAL OF AGENDA FOR:   February 22, 2011 Regular Meeting

 INTRODUCTION OF MEMBERS:

 CALL TO THE PUBLIC:             Agenda Items only – 3 minute limit

 APPROVAL OF MINUTES FROM:   November 23, 2010 Public Hearing

                                                          November 23, 2010 Regular Meeting

OLD BUSINESS:

1)     Proposed Zoning Ordinance requirements for Outdoor Furnaces

2)     Proposed Resolution – Aggressive Dogs

3)     Review of County Planning comments on Article XV Signs

NEW BUSINESS:

1)     Proposed General Ordinance Creating a Planning Commission under PA 33 of 2008 Planning Enabling Act (as amended)

2)     Annual Organizational Meeting

CALL TO THE PUBLIC:

ADJOURNMENT:  

DRAFT MINUTES

 

MEMBERS PRESENT:                 JOHN LOWE, CHAIRPERSON

JERRY SIDLAR, VICE-CHAIR

JEAN ROOT, SECRETARY

JIM MURRAY

BOB HANVEY

MEMBERS ABSENT:                   NONE

OTHERS PRESENT:                    ANNETTE MCNAMARA, ZONING ADMINISTRATOR

                                                SALLY ELIMGER, CARLISLE/WORTMAN & ASSOCIATES

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CALL TO ORDER

 John Lowe called the meeting to order at 7:30 p.m.

 PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

Jean Root asked that agenda item Dangerous Dogs be placed first on the agenda.  The Planning Commission members agreed.  Jean Root motioned to approve the amended February 22, 2011 regular meeting agenda.  Jim Murray seconded.  Motion Carried 5-0.

INTRODUCTION OF MEMBERS

The members of the Planning Commission introduced themselves. 

CALL TO THE PUBLIC

John Lowe opened the call to the public.

There was no response.

John Lowe closed the call to the public.

APPROVAL OF MINUTES

November 23, 2010 Public Hearing minutes

Jean Root motioned to approve the November 23, 2010 regular minutes.  Jim Murray seconded.  Motion Carried 4-0.  John Lowe abstained.

November 23, 2010 Regular Meeting minutes

Jean Root motioned to approve the November 23, 2010 regular minutes.  Jim Murray seconded.  Motion Carried 4-0.  John Lowe abstained.

OLD BUSINESS

Proposed Resolution – Dangerous Animal Owner

Debbie Oberle introduced herself as the newly appointed Director of Livingston County Animal Control (LCAC) and then introduced her employee Michelle Dirett, Animal Control Officer.

John Lowe thanked Director Oberle and Officer Dirett for coming to the meeting.  John Lowe explained the Planning Commissioners intent in inviting her was to keep track of complaints within Marion Township .

Director Oberle informed the Planning Commission members that there has been a donut hole in enforcing. The authority to cite infractions was taken away in 2008.  She has a meeting with the prosecuting attorney to reinstate the authority and present him with a fine schedule for infractions.  This will give the LCAC officers more leverage.  She also informed the Planning Commission members that she will be rewriting the Livingston County Dog Ordinance to bring it more in line with the State of Michigan Dog Law of 1918.  The Attorney for Livingston County will help with rewriting the Ordinance.  She would like the Ordinance to be adopted by spring 2011.  Four Officers work for LCAC two are on the daytime shift and two come in at five p.m. and stay until the day shift arrives.  Typically homeowners initiate a complaint; Director Oberle wants to change this so LCAC can initiate complaints.  For years the complaints have been handwritten and it was difficult to connect multiple complaints on one dog.  Director Oberle would like this to be in a computer log that gives the staff ability to cross reference.

Jean Root expressed concern with the lack of ability to allow the Control Officers to do their job and asked what the Planning Commission can do to help.

The Planning Commission members asked Annette McNamara to draft a letter to the Prosecuting Attorney asking that they support LCAC and enact provisions to allow the staff to perform their duties.  They would like a copy of the letter sent to Steve Williams and Ron VanHouten, Marion Township ’s County Commission representatives.

Mr. Hanvey asked what information can be passed along to Marion Township residents that will help them in a dangerous dog situation.

Officer Dirett answered that every scenario is different and there is no set answer.

Proposed Zoning Ordinance requirements for Outdoor Furnaces

John Lowe reiterated information from the Livingston County Building Department (LCBD.)  The LCBD does inspect the installation of these units.  John Lowe is reluctant to touch what the Environmental Protection Agencies won’t touch.  Maybe this should be incorporated into the nuisance portion of the Zoning Ordinance.

Sally Elimger said that it can be regulated under nuisance in a general ordinance or zoning ordinance.  The ordinance would address no treated wood can be used, setbacks, smokestacks higher than your neighbors roof and require yearly inspections.  Even if the EPA is side stepping the issue that doesn’t mean Marion Township has to avoid the issue.

Discussion ensued as to whether it should be a general ordinance or a zoning ordinance.  The Planning Commission members decided to ask the Board of Trustees for direction on which way to go.

Jean Root motioned to send Outdoor Furnaces to the Board of Trustees for direction as to whether this should be a general or zoning ordinance.  Jim Murray seconded.  Motion carried 5-0.

Discussion on Article XV Signs – 

15.04 W Promo job site sign &

15.5 & 15.6 C Home Occupation sign requirements

Section 3.02 Definition of Signs

Annette McNamara summarized the Livingston County Planning Commissions comments and told them the following changes were made.

The home occupation wall signs and freestanding signs were separated to clarify that only one of the signs is allowed.

Section 15.04 – When a waiver is issued then Annette McNamara will send a letter stating if a sign is placed in the yard it is to be removed within thirty days of the date on the letter.

Bob Hanvey would still like to see the setback for home occupation freestanding signs reduced.

Discussion ensued and the remainder of the Planning Commission would like to keep the language as is.

Sally Elimger told the Commissioners that the language is progressive compared to other communities she has worked with.  If by chance the topography impedes the view of the sign a variance can be requested.

Jean Root motioned to send Article XV Signs, Sections 15.04, 15.05, 15.06 and Section 3.02 Definitions to the Board of Trustees for final review and approval/denial.  Jim Murray seconded.  Motion Carried 5-0.

NEW BUSINESS

Proposed General Ordinance Creating a Planning Commission under PA 33 of 2008 Planning Enabling Act (as amended)

Because Marion Township ’s Planning Commission was created through a resolution, it must be recreated and adopted through a general ordinance.

Mike Kehoe comments in a letter dated February 8, 2011 were discussed.

Jean Root noted that on page one it states there are seven Planning Commission members.  Annette McNamara will change that to five.

Bob noted that Section 9 requires the Planning Commission Secretary to send an annual report to the Board of Trustees.  Jean Root does not need to do a monthly report any longer.

Annette McNamara will have to check on Mike Kehoe’s comments regarding Section 13 and the public hearing requirements before this is sent to the Board of Trustees.

Jean Root motioned to send the General Ordinance creating the Planning Commission to the Board of Trustees.  Jerry Sidlar seconded.  Motion carried 5-0.

Annual Organizational Meeting

Jean Root nominated John Lowe for Planning Commission Chair.  Jim Murray seconded.  Roll Call; Jim Murray – yes, Jean Root – yes, Bob Hanvey – yes, Jerry Sidlar – yes.  Motion carried 4-0.  John Lowe abstained.

Jim Murray nominated Jean Root for Planning Commission Secretary.  Bob Hanvey seconded.  Roll Call; Jim Murray – yes, John Lowe – yes, Bob Hanvey – yes, Jerry Sidlar – yes.  Motion carried 4-0.  Jean Root abstained.

Jean Root nominated Jerry Sidlar for Planning Commission Co-Chair.  Jim Murray seconded.  Roll Call; Jim Murray – yes, Jean Root – yes, Bob Hanvey – yes, John Lowe – yes.  Motion carried 4-0.  Jerry Sidlar abstained.

CALL TO THE PUBLIC

None heard.

ADJOURNMENT

Jean Root motioned to adjourn the meeting at 9:15 p.m.  Jim Murray seconded.  Motion Carried 5-0.