Freeman Township

Meeting Minutes Archive

Planning Commission

2014

Minutes For March 3, 2014

Chairman Stevens called the meeting to order at 7:00 PM.

Commission Members Present: Stevens, Phillips, Wells, Pohoda and Maas

Absent: None.

A quorum is present.

Others Present: Mike Green.

Public Comments: None 

Chairman Stevens asked for a motion “To accept the November 3, 2013 minutes as written.”  Motion: Phillips, 2nd Pohoda :  Motion Carried.

Chairman Stevens asked for a motion “To accept the March 3, 2014 Planning Meeting Agenda.” Motion: Wells, 2nd Phillips:  Motion Carried.

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Stevens stated that per Al Housler the Freeman Township Board is to set the approval of the various ordinance amendments from 2013 in the meeting after next; that the budget hearing would be the next board meeting.

2.   Chairman Stevens stated that he had contacted MTA concerning the instatement of a “Leash Law” for isolated areas within a township.  Chairman Stevens stated that MTA had advised him that any such ordinance would be in effect for the entire township and could not enact an ordinance for individual areas only.

3.   Chairman Stevens stated that the Planning Commission should look into some kind of regulation concerning Marijuana Dispensaries and could see what other townships are doing.

B.   Education – General: None.

C.  Zoning Administrator/Blight Officer Report: None.

D.  Current Business:

1.   Long Term Agenda: None.

2.   New Hazardous Materials Ordinance No. 32:

a.   After reviewing the new Hazardous Materials Ordinance No. 32, Draft 1, Chairman Stevens made a motion: “To accept the new Hazardous Materials Ordinance No. 32 Draft 1 titled: “Township Of Freeman Ordinance To Establish Charges For Municipal Emergency Services Responding To A Hazardous Materials Emergency Incident”, short title: “Township Of Freeman Hazardous Waste Ordinance” as written and to be sent to the Freeman Township Board with a letter of recommendation.”

      Mr. Phillips made the motion, 2nd Mr. Pohoda, Motion Carried unanimously.

  1. b.      Mr. Maas said he would write the letter of recommendation and send it to the Freeman Township Board with a copy of the new ordinance no. 32 

)3.   Review of making a violation of the Zoning Ordinance a Civil infraction:

a.   The making a violation of the Freeman Township Zoning Ordinance a Civil Infraction was discussed and all Planning Commission members agreed that there were too many unknowns in taking this step as yet.

b.   Chairman Stevens stated that we should put this item in abeyance until he can contact the township lawyer and discuss what our options are.  All Planning Commission members agreed.

E.   New Business:

1.   Mike Green for Ron Johnson road width change:

a.   Mr. Green distributed copies of the current site plan of the Ron Johnson property development on the west side of Big Norway Lake.

b.   Mr. Green stated that this original site plan was created as a general plan and that the sixty six (66) foot wide road shown was not necessary for the private road desired and that a thirty three (33) foot wide road would be more than adequate.

c.   Chairman Stevens cited Section 4.3.A of the Freeman Township Zoning Ordinance which only requires a twenty (20) foot wide road for private roads as long as there is the proper turn-around or cul-de-sac at the end of the road for emergency vehicles to turn around and that the road itself be built up to and of materials to county specifications.

d.   It was agreed by all Planning Commission members that the thirty three (33) foot wide road should not be a problem, however, Mr. Green must bring a revamped site plan with the road dimensions changed and the turn-around or cul-de-sac added.

e.   Mr. Green stated that he would do this and bring it back to the Planning Commission for review.

F.   Adjournment: Motion: Phillips, 2nd Wells “To adjourn”.  Motion Carried.  Time 7:45 PM. 

Gary Maas, Secretary

Minutes For April 1, 2014

Chairman Stevens called the meeting to order at 7:00 PM.

Commission Members Present: Stevens, Phillips, Wells, Pohoda and Maas

Absent: None.

A quorum is present.

Others Present: Harold Logan.

Public Comments: None

Chairman Stevens asked for a motion “To accept the March 3, 2014 minutes as written.”  Motion: Phillips, 2nd Pohoda :  Motion Carried.

Chairman Stevens asked for a motion “To accept the April 1, 2014 Planning Meeting Agenda.” Motion: Pohoda, 2nd Phillips:  Motion Carried. 

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Stevens stated that he and Pat Humphrey had sent an e-mail to MTA about changing a Zoning Ordinance violation to a civil infraction but had not received anything back yet.

2.   Chairman Stevens stated that he had talked with Al Housler about having a Fireworks Ordinance for Freeman Township by July.  Chairman Stevens distributed copies of Lincoln Township’s Fireworks Ordinance for discussion later in the meeting.

3.   Chairman Stevens stated that the Planning Commission should look into some kind of regulation concerning Marijuana growing and the Zoning Ordinance, and look further into a Landlord / Tenant Ordinance like the one Surrey Township has.

B.   Education – General: None.

C.  Zoning Administrator/Blight Officer Report:

1.   Mr. Logan stated that he had no Zoning Permits this month.

2.   Mr. Logan stated that was a ZBA meeting April 23 for a dimensional variance request by Mr. Rigato.

3.   Mr. Logan stated that he was working on several unlicensed vehicles that required licensing or removal and that he had success with some being removed.

D.  Current Business:

1.   Long Term Agenda: None.

2.   Review making a Zoning Ordinance violation a civil infraction:

a.   Mr. Stevens stated that this should be on hold as he was waiting for a response from MTA.  All Planning Commission members agreed to put his item on hold.

3.   Ron Johnson road width change:

a.   It was agreed by all Planning Commission members to put this item on hold until Mr. Green submits a revised site plan.

E.   New Business:

1.   Chairman Stevens asked all to review the copies of the Lincoln Township Fireworks Ordinance and that this may be a good fit for Freeman Township.

a.   Mr. Maas asked what had precipitated the interest in a Fireworks Ordinance?

b.   Chairman Stevens stated that there had been numerous complaints by Lake of the Pines people after last years 4th of July.

c.   It was generally decided that Lincoln Township’s Fireworks Ordinance Section 3 definition of “unreasonable annoyance” was far too subjective to have any real teeth for enforcement and the reference to “non-prohibited days” was confusing.

d.   Also, who would be the enforcement agency?

e.   Chairman Stevens said he would look into it further.

F.   Adjournment: Motion: Wells, 2nd Maas “To adjourn”.  Motion Carried.  Time 7:45 PM.

Gary Maas, Secretary

Freeman Township Planning And Zoning Commission Meeting Minutes

 

Minutes For May 6, 2014

Chairman Stevens called the meeting to order at 7:00 PM.

Commission Members Present: Stevens, Phillips, Wells, Pohoda and Maas

Absent: None.

A quorum is present.

Others Present: Harold Logan.

Public Comments: None.

Chairman Stevens asked for a motion "To accept the April 1, 2014 minutes as written." Motion: Phillips, 2nd Wells : Motion Carried.

Chairman Stevens asked for a motion "To accept the May 6, 2014 Planning Meeting Agenda." Motion: Pohoda, 2nd Wells: Motion Carried.

Meeting Business Activities:

A. Chairman's Comments:

1. Chairman Stevens stated that he will get into the information on changing the Zoning Ordinance infraction to a civil infraction and information on the Fireworks Ordinance later in the meeting.

2. Chairman Stevens stated that there was no site plan submitted as yet from Ron Johnson for his road width change.

3. Chairman Stevens stated that he had not heard anything about a hearing for the various ordinance changes. Mr. Maas stated that Pat Humphrey had told him that a hearing may not be necessary for most of the ordinance changes but would be necessary for any Zoning Ordinance changes.

B. Education – General: None.

C. Zoning Administrator/Blight Officer Report:

1. Mr. Logan stated that he had one Zoning Permit last month and one so far this month.

2. Mr. Logan stated that the new three-page Zoning Permit was working out really well.

3. Mr. Logan stated that he has two current blight clean-ups going on and will be submitting letters to four others.

D. Current Business:

1. Long Term Agenda: None.

2. Review making a Zoning Ordinance violation a civil infraction:

a. Chairman Stevens stated that per MTA the township can make a Zoning Ordinance infraction a "civil infraction" but should contact legal council so the language and parameters are correct. Chairman Stevens said he would check further with Pat and Jaynie.

b. Chairman Stevens also stated that we may be able to use some of the civil infraction language from the Blight Ordinance as this has been laid out already.

3. Ron Johnson road width change:

a. It was agreed by all Planning Commission members to put this item on hold until Mr. Green or Mr. Johnson submits a revised site plan.

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Freeman Township Planning And Zoning Commission Meeting Minutes

Minutes For May 6, 2014 (continued)

4. Fireworks Ordinance:

a. Chairman Stevens stated that he had discussed this issue with Al Housler and that Al did not see the complaints as a big enough problem to warrant trying to write a "Fireworks Ordinance" for as the ordinance Lincoln Township has is too vague. That in most cases, if the offending party could be found, a simple police call would probably suffice.

b. It was agreed by all Planning commission members to not pursue this item any further.

5. Master Plan Review:

a. Mr. Maas handed out a list of possible sources for outsourcing any Master Plan help that he had received from Lynn Wilson. Mr. Wells stated that we should contact these people and get preliminary information and/or costs. Mr. Maas stated that he will e-mail the sources and get what information he can.

b. Mr. Pohoda stated that it may be a good idea to try and get copies of Master Plans from townships that are more like Freeman Township and that he will check this avenue out and report back.

E. New Business: None.

F. Adjournment: Motion: Phillips, 2nd Pohoda "To adjourn". Motion Carried. Time 7:50 PM.

Gary Maas, Secretary

Freeman Township Planning And Zoning Commission Meeting Minutes

 

Minutes For June 3, 2014

Chairman Stevens called the meeting to order at 7:00 PM.

Commission Members Present: Stevens, Pohoda and Maas

Absent: Wells and Phillips

A quorum is present.

Others Present: Harold Logan and Mike Green

Public Comments: None.

Chairman Stevens asked for a motion "To accept the May 6, 2014 minutes as written." Motion: Pahoda, 2nd Maas : Motion Carried.

Chairman Stevens asked for a motion "To accept the June 3, 2014 Planning Meeting Agenda." Motion: Pohoda, 2nd Maas: Motion Carried.

Meeting Business Activities:

A. Chairman's Comments:

1. Chairman Stevens stated that Mr. Rigato was apparently going to move his pole building on the advice of councel. Mr. Logan stated that Mr. Rigato had contacted him about the potential move and Mr. Logan gave him the new revised Zoning Permit form to fill out for greater clarification purposes even though his current permit is still valid.

2. Chairman Stevens stated that he tried to get a copy of Lincoln Township's Master Plan but was having trouble printing it off as it was 64 pages long and will try and get a hard copy from Dale Majewski.

B. Education – General: None.

C. Zoning Administrator/Blight Officer Report:

1. Mr. Logan stated that he had two Zoning Permits last month with three Zoning Permits out so far this month.

2. Mr. Logan stated that he has four current blight clean-ups going on and all seem to be coming along.

D. Current Business:

1. Long Term Agenda: None.

2. Review making a Zoning Ordinance violation a civil infraction:

a. Chairman Stevens stated that per MTA the township can make a Zoning Ordinance infraction a "civil infraction" but should be cautious about documentation and enforcement. Chairman Stevens stated that the Blight Ordinance section on a violation being a civil infraction would be a good fit as the language was approved and seemed to be working.

b. At this point Mr. Maas distributed copies of the section of the Blight Ordinance concerning a violation being a civil infraction with some amended text to fit the Zoning Ordinance Section XVII labeled as DRAFT 1.

c. During the review all Planning Commission members present agreed that the "First Offense Fee" should remain three hundred and fifty ($350.00) dollars and the "Second Offense Fee" remain at seven hundred ($700.00) dollars from the Zoning Ordinance.

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Freeman Township Planning And Zoning Commission Meeting Minutes

Minutes For June 3, 2014 (continued)

d. During the review it was discovered that the reference to Subsection I should be a reference to Subsection H and all Planning Commission members present agreed that this "typo" should also be changed, as well as, in the original Blight Ordinance.

e. During the review all Planning Commission members present agreed that the last paragraph dealt solely with blight issues and would not be appropriate for zoning; whereas the second paragraph from the original Zoning Ordinance Section XVII would be appropriate and should be substituted in.

f. Mr. Maas stated that he would make the changes and have copies of DRAFT 2 ready for review at the next meeting.

3. Ron Johnson road width change:

a. Mr. Green distributed revised copies of the Ron Johnson site plan that included the road width change from sixty six (66) feet to thirty three (33) feet with a cul-de-sac at the end of the road that was sixty six (66) feet by fifty (50) feet.

b. It was brought up by Chairman Stevens that per Zoning Ordinance Section 4.03a the cul-de-sac must be a minimum of sixty six (66) feet by sixty six (66) feet and that the site plan was shy of this by sixteen (16) feet in one direction.

c. Mr. Green reviewed the information and said he would have the site plan changed to reflect the proper dimensions and resubmit the plan.

4. Master Plan Review:

a. Mr. Maas stated that so far all the people and/or companies that he had contacted were very expensive and in the area of $6,000 to $15,000 dollars for a complete Master Plan rework, but will continue to contact people and/or companies to see if anyone will just help us meet the state requirements.

b. Copies of the Morton Township Master Plan were distributed for all to review for the next meeting.

E. New Business:

1. Subsection I should be Subsection H in the Blight Ordinance.

a. As this was already addressed it was determined by all Planning Commission members present that this "typo" could be changed without any other formal approval and copies of the clarified text be distributed to the Planning Commission members, Zoning Administrator and Pat Humphrey.

F. Adjournment: Motion: Stevens, 2nd Pohoda "To adjourn". Motion Carried. Time 7:50 PM.

Gary Maas, Secretary

FREEMAN TOWNSHIP PLANNING AND ZONING COMMISSION MEETING MINUTES Minutes For July 1, 2014 Chairman Stevens called the meeting to order at 7:00 PM. Planning Commission Members Present: Stevens, Phillips, Pohoda and Maas Absent: Wells A quorum was present. Others Present: Harold Logan and Mike Green Public Comments: None. Chairman Stevens asked for a motion “To accept the June 3, 2014 minutes as written.” Motion: Pahoda, 2nd Phillips: Motion Carried. Chairman Stevens asked for a motion “To accept the July 1, 2014 Planning Meeting Agenda.” Motion: Pohoda, 2nd Phillips: Motion Carried. Meeting Business Activities: A. Chairman’s Comments: 1. Chairman Stevens stated that Mr. Green was at the meeting to resubmit the site plan for the Ron Johnson road width change. 2. Chairman Stevens asked Mr. Logan if there was any update on Mr. Rigato’s Pole Barn. Mr. Logan stated that there was no up date. B. Education – General: 1. Mr. Maas stated that he had received a notice in the mail for “Hot Topics in Planning and Zoning” that stressed farm zoning issues. It was deemed by all Planning Commission members present that this class was not something necessary at this time. C. Zoning Administrator/Blight Officer Report: 1. Mr. Logan stated that he had two Zoning Permits last month with one Zoning Permit currently in the works. 2. Mr. Phillips asked Mr. Logan if he would look into a Blight issue at a mobile home at the corner of Ashard and Twin Lakes. Mr. Logan stated that the issue was already being worked on. D. Current Business: 1. Long Term Agenda: a. Chairman Stevens stressed that the Planning Commission should start working on some of the Long Term Agenda items and that Item 9, Landlord and Tenant Rental Ordinance, should be on the regular agenda for next month. All Planning Commission members present agreed. 2. Review making a Zoning Ordinance violation a civil infraction: a. Mr. Maas distributed copies of DRAFT 2 of the amended Section XVII. “Violation and Penalties” of the Freeman Township Zoning Ordinance. b. After a thorough review a motion was made by Mr. Phillips, “To accept DRAFT 2 of the amended Section XVII. “Violation and Penalties” of the Freeman Township Zoning Ordinance as written and a letter of recommendation for approval be sent to the Freeman Township Board.” The motion was carried by all Planning Commission members present. c. Mr. Maas stated that he would send a letter of recommendation to the Freeman Township Board. Page 1 of 2 Page 2 of 2 FREEMAN TOWNSHIP PLANNING AND ZONING COMMISSION MEETING MINUTES Minutes For July 1, 2014 (continued) 3. Ron Johnson road width change: a. Mr. Green distributed revised copies of the Ron Johnson site plan dated June 14, 2014 that included the road width change from sixty six (66) feet to thirty three (33) feet with a circular cul-de-sac at the end of the road that was sixty six (66) feet in diameter. b. A motion was made by Mr. Maas, “To accept the site plan change as described on the submitted plans and send a letter to the Freeman Township Board to recommend approval of the new site plan as revised dated June 14, 2014.” The motion was carried by all Planning Commission members present. 4. Master Plan Review: a. Mr. Maas read the response to an e-mail he wrote to Mark Eidelson of “Land Planning” in which Mr.Eidelson remarked that he could not even begin to do even a bare bones Master Plan for Freeman Township. He stated that the most rudimentary Master Plan would still cost in the area of $10,500.00 with a dedicated Freeman Township person doing most of the leg work. b. It was decided that Mr. Maas might try discussing this with Pat Humphrey and possibly using the MTA web site for help. Mr. Maas stated that he will try and get with Mrs. Humphrey on this issue. E. New Business: None. F. Adjournment: Motion: Phillips, 2nd Pohoda “To adjourn”. Motion Carried. Time 7:45 PM. Gary Maas, Secretary

Freeman Township Planning And Zoning Commission Meeting Minutes

Minutes For August 4, 2014

 

Chairman Stevens called the meeting to order at 7:00 PM.

Planning Commission Members Present: Stevens, Wells, Phillips, Pohoda and Maas

Absent: None.

A quorum was present.

Others Present: Pat and Frank Reid

Public Comments: Pat and Frank Reid of 2260 Grass Lake Rd. came to the Freeman Township Planning Commission meeting to discuss the request for variance by their neighbor at 2270 Grass Lake Rd. for relief from the required set-back from the road.  They stated that the submitted plot measurements could possibly be misleading and that the land owner has enough property to allow for the proper set-back but does not seem to want to use this property and apparently desires to build closer to the road.

After some discussion the Freeman Township Planning Commission advised Mr. And Mrs. Reid that there will be a letter sent to all property owners within 300 feet of the variance requester’s address and the Zoning Board of Appeals meeting for the variance request would be the better place to air their concerns in person or they could write a letter to the ZBA.  Mr. and Mrs. Reid thanked all the members and left.

 

Chairman Stevens asked for a motion “To accept the July 1, 2014 minutes as written.”  Motion: Pillips, 2nd Pohoda:  Motion Carried.

Chairman Stevens asked for a motion “To accept the August 4, 2014 Planning Meeting Agenda.” Motion: Pohoda, 2nd Phillips:  Motion Carried.

 

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Stevens stated that he had a question for Harold Logan about Zoning Ordinance section 4.19 concerning camping and RV’s, but will talk with Mr. Logan at a later date.

2.   Chairman Stevens stated that he had heard back from MTA and that there was no problem making a Zoning Ordinance violation a civil infraction.

3.   Chairman Stevens stated that Mr. Rigato had moved his pole building to the proper set-back.

B.   Education – General: None.

C.  Zoning Administrator/Blight Officer Report: None.

D.  Current Business:

1.   Long Term Agenda:

a.   Mr. Maas stated that he had read an article in the MTA magazine about “Dangerous Buildings” that were damaged and/or dilapidated and had received some information from Jaynie Hoerauf as to how to proceed.  Mr. Maas requested that a “Dangerous Buildings” ordinance be put on the Long Term Agenda.  All Planning Commission members agreed that this was a good idea.

2.   Review of “Landlord and Tenant Rental Ordinance”:

a.   Chairman Stevens stated that he had a copy of the Surrey Township Ordinance on Landlord and Tenant Rentals but the ordinance only seemed to cover licensing and not inspections as he had hoped.

 

b.   Mr. Wells stated that we could possibly use the Landlord and Tenant Rental Ordinance from Melvindale, Michigan were he knew they had such an ordinance that covered inspections.

c.   Chairman Stevens stated that he had heard from MTA that there was legislation coming that would have great bearing on this issue and was advised by the MTA that we should probably wait on any further action.

d.   It was agreed by all Planning Commission members to put this item in abeyance until further information surfaced.

3.   Master Plan Review:

a.   Mr. Maas stated that he had read many of the on-line Master Plans from other townships, as well as the MPEA section on Master Plans and thought that we may be able to re-write our Master Plan ourselves.  The necessary information is available from the county and state and we would have to have public meetings concerning the direction of the Freeman Township’s future.

b.   Mr. Maas stated that he and his wife Carol would try and build a fundamental Master Plan outline over the winter months for review; and any public meetings could be held in the spring.

c.   All Planning Commission members agreed that this was an acceptable alternative for now due to the very high cost of having an outside firm do this for us.

E.   New Business: None.

 

F.   Adjournment: Motion: Pohoda, 2nd Pillips “To adjourn”.  Motion Carried.  Time 7:50 PM.

 Gary Maas, Secretary

FREEMAN TOWNSHIP PLANNING AND ZONING COMMISSION MEETING MINUTES Minutes For September 2, 2014 Chairman Stevens called the meeting to order at 7:00 PM. Planning Commission Members Present: Stevens, Wells, Pohoda and Maas Absent: Phillips. A quorum was present. Others Present: Harold Logan. Public Comments: None. Chairman Stevens asked for a motion “To accept the August 4, 2014 minutes as written.” Motion: Pohoda, 2nd Wells: Motion Carried. Chairman Stevens asked for a motion “To accept the September 2, 2014 Planning Meeting Agenda.” Motion: Maas, 2nd Pohoda: Motion Carried. Meeting Business Activities: A. Chairman’s Comments: 1. Chairman Stevens stated that per MTA there is pending legislation concerning fireworks. That according to MTA the state is trying to go to pre-2003 fireworks laws and ban the aerial type fireworks. 2. Chairman Stevens stated that again per MTA there is pending legislation to allow “golf carts” on regular roads where the townships could define the restrictions; just like in the case of ATVs. B. Education – General: None. C. Zoning Administrator/Blight Officer Report: 1. Mr. Logan stated that he had one Zoning Permit issued and had sent out two letters on Blight. 2. Mr. Maas asked if there was anything new on the Rude residence fire; Mr. Logan stated that was no new information. D. Current Business: 1. Long Term Agenda: a. Upon review of the Long Term Agenda it was agreed by all Planning Commission members present to remove Item 6 – Outside Alternate Heating / Wood Burners, and Item 10 – Dangerous Buildings Ord. and put these on the regular agenda to be worked on. b. Upon further review of the Long Term Agenda it was agreed by all Planning Commission members present to remove Item 8 – Possible Amendment to the Noise Ord. For Barking Dogs as not necessary as the county has restrictions already in place; and remove Item 9 – Draft of Employee & Committee Member Job Descriptions as it was deemed not to be in the area of responsibility of the Planning Commission. 2. Review of “Landlord and Tenant Rental Ordinance”: a. Chairman Stevens stated that again per MTA there is state legislation in the works on this subject and that the Planning Commission should wait until further information surfaces. It was agreed by all Planning Commission members present to put this item into abeyance for now. Page 1 of 2 Page 2 of 2 FREEMAN TOWNSHIP PLANNING AND ZONING COMMISSION MEETING MINUTES Minutes For September 2, 2014 (continued) 3. Master Plan Review: b. Mr. Maas restated that he and his wife Carol would try and build a fundamental Master Plan outline over the winter months for review; and any public meetings could be held in the spring. E. New Business: 1. Mr. Maas brought up the subject of the Private Roads Section of the Zoning Ordinance and that the Freeman Township Board was to send a letter of direction as to how they saw the Planning Commission proceeding after the denial of a private road revision request from Mr. Johnson. Mr. Maas Asked Chairman Stevens if any such letter had been received. 2. Chairman Stevens stated that he had not relieved a letter but would get with Al Housler concerning the letter. 3. Chairman Stevens stated that there was a reference in Section 4.03a, B.3. of the Zoning Ordinance concerning private roads being “A private road shall have an area at least 20 feet in width and shall meet or exceed Clare County Road standards.” Chairman Stevens asked Mr. Wells to bring this up with the Road Commission and find out if they have any such “Private Road” standards. Mr. Wells said he would do this. F. Adjournment: Motion: Pohoda, 2nd Wells “To adjourn”. Motion Carried. Time 7:40 PM. Gary Maas, Secretary

FREEMAN TOWNSHIP PLANNING AND ZONING COMMISSION MEETING MINUTES Minutes For October 7, 2014 Chairman Stevens called the meeting to order at 7:00 PM. Planning Commission Members Present: Stevens, Phillips, Pohoda and Maas Absent: Wells. A quorum was present. Others Present: Harold Logan. Public Comments: None. Chairman Stevens asked for a motion “To accept the September 2, 2014 minutes as written.” Motion: Pohoda, 2nd Phillips: Motion Carried. Chairman Stevens asked for a motion “To accept the October 7, 2014 Planning Meeting Agenda.” Motion: Phillips, 2nd Pohoda: Motion Carried. Meeting Business Activities: A. Chairman’s Comments: 1. Chairman Stevens stated that he and Mr. Maas had been requested to meet with Ron Johnson at Mr. Johnson’s property to view a survey of a sixty-six (66) foot wide easement that would encompass a twenty (20) foot wide road that would be a county maintained road. More details would be discussed later in the Planning Commission meeting. B. Education – General: None. C. Zoning Administrator/Blight Officer Report: 1. Mr. Logan stated that he had five Zoning Permits issued last month and that the two blight cases he had been working on were cleaned up. 2. Mr. Logan stated that Shirley Rude had gotten in contact with him to find out if the State Police had found out anything about her house fire. Mr. Logan stated that he told Ms. Rude that he did not have any new information. D. Current Business: 1. Long Term Agenda: None. 2. Review of “Landlord and Tenant Rental Ordinance”: a. Chairman Stevens stated that he had not heard anything new from MTA concerning legislation in the works on this subject and that the Planning Commission should wait until further information surfaces. It was agreed by all Planning Commission members present to put this item into abeyance for now. 3. Outside Alternate Heating / Wood Burners: a. Mr. Maas distributed copies of an example ordinance from Green Township, Michigan, concerning outside alternate heating burners. b. After a quick review of the ordinance it was decided by all Planning Commission members present that the ordinance should be read and discussed further at the next meeting. 4. Dangerous Buildings Ordinance: a. Mr. Maas distributed copies of an example ordinance from the city of Harrison, Michigan, concerning dangerous buildings that he had received from Jaynie Hoerauf. Page 1 of 2 Page 2 of 2 FREEMAN TOWNSHIP PLANNING AND ZONING COMMISSION MEETING MINUTES Minutes For October 7, 2014 (continued) b. After a quick review the question came up as to what a “Hearing Officer” was exactly. Mr. Maas said he would contact Ms. Hoerauf about clarification. c. It was decided by all Planning Commission members present that the ordinance should be read and discussed further at the next meeting. 5. Private Roads Section of the Zoning Ordinance: a. Chairman Stevens asked Mr. Logan whether the setback requirement starts from the road edge or the road easement edge. Mr. Logan stated that the set back requirement starts from the road easement edge which is, in this case, the property line. b. Chairman Stevens stated that when he was reviewing the sixty-six (66) foot wide easement survey at Mr. Johnson’s property, Mr. Johnson emphasized the need to have enough room from the set back requirement to be able to build in Lot Three and that he may be looking to go to the ZBA for relief from the required set back. c. Mr. Maas asked Chairman Stevens if he had received any communication from the Board for direction concerning the “Private Road” portion of the Zoning Ordinance as they are apparently not allowing private roads anymore. Chairman Stevens stated that he had not received any communication. E. New Business: 1. 2015 Planning Commission Budget: a. Mr. Maas distributed copies of the proposed 2015 Planning Commission Budget. b. After reviewing the proposed budget; a motion was made by Mr.Phillips, 2nd Mr. Pohoda, “To submit the proposed 2015 Planning Commission Budget as written to the Freeman Township Board.” Motion carried. F. Adjournment: Motion: Phillips, 2nd Pohoda “To adjourn”. Motion Carried. Time 7:40 PM. Gary Maas, Secretary

2013

Freeman Township Planning And Zoning Commission Meeting Minutes

inutes For March 5, 2013

Vice Chairman Phillips called the meeting to order at 7:00 PM.

Commission Members Present: Stevens, Phillips, Maas, Wells, Pohoda

Absent: None.

A quorum is present.

Others Present: Al Housler

Public Comments: Al Housler introduced himself as the newly appointed Freeman Township Supervisor and stated that he would always be available if anyone had questions or required help with anything.

All members of the Freeman Township Planning Commission welcomed Mr. Housler.

Vice Chairman Phillips asked for a motion "To accept the November 5, 2012 minutes as written": Motion: Stevens, 2nd Wells : Motion Carried.

Vice Chairman Phillips asked for a motion "To accept the March 2, 2013 Planning Meeting Agenda. Motion: Stevens, 2nd Wells: Motion Carried.

Meeting Business Activities:

A. Vice Chairman's Comments:

1. Vice Chairman Phillips stated that he would like to take this time of the meeting to commence the elections of the Freeman Township Planning Commission Officers as this activity was postponed from last November due to elections.

2. It was agreed by all Freeman Township Planning Commission members present to proceed with the elections.

a. Mr. Wells nominated Mr. Stevens for Freeman Township Planning Commission Chairman, Mr. Phillips for Freeman Township Planning Commission Vice Chairman, and Mr. Maas for Freeman Township Planning Commission Secretary. All accepted the nomination. No other nominations were given and by a show of hands Mr. Stevens was elected Chairman, Mr. Phillips was elected Vice Chairman and Mr. Maas was elected Secretary.

3. A this point Mr. Stevens took over as chairman of the meeting and recognized Mr. Dave Pohoda as the newest member of the Freeman Township Planning Commission. All the Planning Commission members welcomed Mr. Pohoda.

B. Education – Chairman Stevens made a point of reminding everyone to watch out for any Township Planning type classes that may be of use to Mr. Pohoda in the future.

C. Zoning Administrator/Blight Officer Report: None.

D. Current Business:

1. Mr. Maas distributed up-dated copies of all the recently adopted new ordinances and ordinance amendments to all commission members. A complete copy of all Freeman Township Ordinances, Master Plan, Freeman Township Planning Commission By-Laws, MPEA (Michigan Planning Enabling Act), and MZEA (Michigan Zoning Enabling Act) were given to Mr. Pohoda.

2. Long Term Agenda: None.

3. Review Ordinance No. 16 – Freeman Township Officer Pension Plan:

a. Mr. Maas stated that he had gone through Ordinance No. 16 with Kim Jasiak at Manulife Financial and was able to up-date all the information that would be required.

b. Mr. Maas further stated that he had let Pat Humphrey read the up-dated Ordinance No. 16 and she had wanted all references to employees out as the only people covered were the elected officials.

c. Draft 1 was distributed for review and some further references to employees were discovered for correction. Mr. Maas stated that he would make the corrections and have a Draft 2 for the next meeting.

4. Review of Ordinance No. 25 – Fire and Rescue Agreement with Lincoln Township:

a. Mr. Maas stated that he had talked with Carol Majewski from Lincoln Township any that she had sent him a copy of the original Fire and Rescue Agreement between Freeman and Lincoln Townships but noticed that the agreement had expired in 2010. Mr. Maas further stated that Ms. Majewski said that a new "Service Agreement" was being put together by the Lincoln Township lawyer, and that Hazardous Material situations would be part of the agreement; however, Freeman Township would have to contact the Mt. Pleasant Fire Department and pay a "fee" to be covered so Lincoln Township could call them in if a need arose.

b. Mr. Maas stated that Pat Humphrey had said there would be some kind of fee that would have to be paid to the Mt. Pleasant Fire Department for them to cover Hazardous Material situations. It was uncertain if the fee had been paid. Mr. Maas stated that he would find out about the "fee" and report back.

c. Mr. Maas stated that Ms. Majewski had further said that any Mutual Aid Agreement was a "no-go" per their lawyer as there was no reciprocity of services between the two townships.

5. Review of Ordinance No. 6, "Drilling of Oil and Gas Wells Ordinance":

a. Mr. Pohoda stated that he would discuss such an ordinance with Mr. Mike Acker, the Township Supervisor of Geneva Township, as there are a lot of these type wells there and report back at the next meeting. It was agreed by all planning members to put this on hold until Mr. Pohoda could report back.

E. New Business:

1. Chairman Stevens stated that Freeman Township should probably renew the Moratorium on Medical Marijuana that Freeman Township had passed in 2011. A motion was made by Mr. Pohoda, 2nd Mr. Phillips; "To write a letter of recommendation to the Freeman Township Board to renew the previously passed Moratorium on Medical Marijuana", motion carried. Mr. Maas stated he would write such a letter and give it to the Freeman Township Board.

F. Adjournment: Motion: Phillips, 2nd Pohoda "To adjourn". Motion Carried. Time 8:00 PM.

Gary Maas, Secretary

Minutes For April 2, 2013

Chairman Stevens called the meeting to order at 7:00 PM.

Commission Members Present: Stevens, Phillips, Maas, Pohoda

Absent: Wells.

A quorum is present.

Others Present: None.

Public Comments: None

Chairman Stevens asked for a motion “To accept the March 5, 2013 minutes as written with the correction to add Mr. Pohoda’s name to the Planning Commissioners present.”: Motion: Phillips, 2nd Pohoda : Motion Carried.

Chairman Stevens asked for a motion “To accept the April 2, 2013 Planning Meeting Agenda. Motion: Phillips, 2nd Pohoda: Motion Carried.

Meeting Business Activities:

A. Chairman’s Comments:

1. Chairman Stevens stated that the Planning Commission should be able to finish the review of the Freeman Township ordinances fairly soon, and that we should probably continue on with the Wind Energy Ordinance and the Master Plan review.

B. Education – Chairman Stevens made a point of reminding everyone to watch out for any Township Planning type classes that may be of use to Mr. Pohoda in the future.

C. Zoning Administrator/Blight Officer Report: None.

D. Current Business:

1. Long Term Agenda:

a. Chairman Stevens stated that we should review the Long Term Agenda.

b. Mr. Phillips stated that we could remove item No. 14 – Medical Marijuana Ordinance due to the recent talk given by Janie Hoerauf at the last Freeman Township Board meeting. Ms. Hoerauf had said that due to recent Michigan Supreme Court rulings the concern over Medical Marijuana Dispensaries and large grow facilities was currently not nessacary.

c. Chairman Stevens asked for a motion “To remove Item No. 14 – Medical Marijuana Ordinance from the Long Term Agenda”. A motion was made by Mr. Pohoda, 2nd Mr. Phillips, Motion Carried.

d. Mr. Maas stated that we could also up-date Items No. 4 and 5; all present agreed.

2. Review of Ordinance No. 16 – Draft 2:

a. After reviewing Freeman Township Ordinance No. 16 – “Freeman Township 401(a) Governmental Pension Plan Ordinance” - Draft 2; a motion was made by Mr. Phillips, 2nd Mr. Pohoda, “To accept Freeman Township Ordinance No. 16 – “Freeman Township 401(a) Governmental Pension Plan Ordinance” - Draft 2 as written with the exclusion of the “employee” reference in line six, and that there be a letter written to the Freeman Township Board recommending accepting the ordinance as written.” Motion was carried.

b. Mr. Maas stated that he would wait until all the other ordinances were reviewed and create one letter for all. All Planning Commission members present agreed this was a good idea.

3. Review of Ordinance No. 25 – Ordinance To Establish Costs That Lincoln Township Fire Department Can Charge On Behalf Of Freeman Township:

a. Mr. Maas stated that as of March 6, 2013, per Pat Humphrey, the fee that would be paid to the Mt. Pleasant Fire Department that would entitle Freeman Township to have hazardous materials clean-up was not yet paid.

b. Chairman Stevens stated that he had been offered, and he accepted, to attend a future meeting between Lincoln Township and Freeman Township concerning the Fire and Rescue Agreement; but no meeting date had been set yet.

c. It was agreed to put this item in abeyance until the next meeting.

4. Review of Ordinance No. 6 – Drilling of Oil and Gas Wells Ordinance”:

a. Mr. Pohoda presented information he had collected from the Department of Environmental Quality (DEQ) that states “Oil and Gas exploration, drilling, and operating is regulated under the Natural Resources and Environmental Protection Act, Act No. 451 of the Public Acts of 1994, as amended (last amended 9/10/2004).”

b. In light of this evidence a motion was made by Mr. Pohoda, 2nd Mr. Phillips, to amend Freeman Township Ordinance No. 6 to simply refer to the above statement. The motion was carried.

c. Mr. Maas stated that he would have a draft ready for review by the next meeting.

5. Medical Marijuana Letter Sent To the Freeman Township Board Recommending a continuance of the Moratorium:

a. Given the developments stated in the Long Term Agenda discussion by Janie Hoerauf it was agreed by all Planning Commission members present that this was moot point and the item was dropped.

E. New Business:

1. Chairman Stevens stated that everyone should review Freeman Township Ordinances No. 20, 21, and 22 for the next meeting. All the other ordinances left were either reviewed already or were new and this would wind up the review of all ordinances.

F. Adjournment: Motion: Phillips, 2nd Pohoda “To adjourn”. Motion Carried. Time 7:58 PM.

Gary Maas, Secretary

Minutes For May 7, 2013Chairman Stevens called the meeting to order at 7:00 PM.

Commission Members Present: Stevens, Phillips, Maas, Pohoda, Wells

Absent: None.

A quorum is present.

Others Present: None.

Public Comments: None.

Chairman Stevens asked for a motion “To accept the April 2, 2013 minutes as written.”: Motion: Phillips, 2nd Pohoda :  Motion Carried.

Chairman Stevens asked for a motion “To accept the May 7, 2013 Planning Meeting Agenda with the addition of reviewing Ordinance No. 6 – Draft 1 under Current Business.”  Motion: Wells, 2nd Phillips:  Motion Carried.

 Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Stevens stated that he has an article that all should read concerning Wind Energy.  Chairman Stevens asked Mr. Maas to make copies of the article for everyone for the next meeting.

B.   Education – Chairman Stevens made a point of reminding everyone to watch out for any Township Planning type classes that may be of use to Mr. Pohoda in the future.

C.  Zoning Administrator/Blight Officer Report: None.

D.  Current Business:

1.   Long Term Agenda:

a.   Mr. Phillips asked if Item No. 7 on the Long Term Agenda (Township Hall Expansion) still needs to be there.  No action on this item is being pursued and none is in the foreseeable future.

b.   All Planning Commission members agreed to eliminate Item No. 7 from the Long Term Agenda.

2.   Review of Ordinance No. 25 – Ordinance To Establish Costs That Lincoln Township Fire Department Can Charge On Behalf Of Freeman Township:

a.   Chairman Stevens stated that there had been two meetings with Lincoln Township concerning the Fire and Rescue Agreement but didn’t want to divulge any of the details as yet during the on-going negotiations.

b.   Chairman Stevens asked if the new agreement should be the new Freeman Township Ordinance No. 25 and would a new ordinance be really necessary.

c.   After some discussion it was decided that Chairmen Stevens would talk with Ms. Hoerauf and ascertain if an ordinance was indeed necessary.

3.   Review Ordinance No. 20 – Consolidated Gas Co. and Gas Franchise Ordinance:

a.   All Planning Commission members agreed that because this is a thirty (30) year agreement it would be left to stand as is.

4.   Review Ordinance No. 21 – Freeman Township Land Division Ordinance:

a.   Mr. Maas emphasized that while going through the old ordinances it was not certain if this ordinance was the original or not.  The ordinance appeared to be a copy of a Michigan Township Association basic model and because of the ordinance’s origin uncertainty it would ultimately need to be approved by the Freeman Township Board.

b.   Mr. Maas further stated that there should be numerous references to Freeman Township added and that in Section V. Application For Land Divisions, there probably should be something about no liens on the property being split.

c.   Mr. Stevens said he wasn’t sure if this addition was necessary but would call Ms. Hoerauf and ask her about it.

d.   Untill further clarification this item was put in abeyance.

5.   Review Ordinance No. 22 – Consumers Energy Co. Electric Franchise:

a.   All Planning Commission members agreed that because this is a thirty (30) year agreement it would be left to stand as is.

6.   Review of Ordinance No. 6 – Drilling of Oil and Gas Wells Ordinance - Draft 1:

a.   After reviewing Ordinance No. 6 – Draft 1, as amended, a motion was made by Mr. Wells, 2nd Mr. Pohoda, to “Accept Ordinance No. 6 – Draft 1 as written and be sent to the Freeman Township Board with the recommendation to adopt.” Motion carried.

7.   Five (5) Year Review of the Master Plan:

a.   The Freeman Township Master Plan was reviewed.

b.   All Planning Commission members agreed that the Freeman Township Master Plan was fine as is.

c.   Mr. Maas stated that he would up-date the revision date and make copies for all. 

E.   New Business:

1.   Chairman Stevens stated that the Planning Commission should go back to the Wind Energy Ordinance for the next meeting.

2.   Mr. Maas stated that it would also be a good idea to start in on Long Term Agenda Item No. 10 – Outside Alternative Heating / Wood Burners for the next meeting.

3.   All Planning Commission members agreed to put these two items on the next meeting’s agenda.

 .   Adjournment: Motion: Wells, 2nd Phillips “To adjourn”.  Motion Carried.  Time 8:05 PM.

Gary Maas, Secretary

Minutes For June 4, 2013

Chairman Stevens called the meeting to order at 7:00 PM.

Commission Members Present: Stevens, Phillips, Pohoda, Wells, Maas

Absent: None.

A quorum is present.

Others Present: None.

Public Comments: None. 

Chairman Stevens asked for a motion “To accept the May 7, 2013 minutes as written.”: Motion: Phillips, 2nd Pohoda :  Motion Carried.

Chairman Stevens asked for a motion “To accept the June 4, 2013 Planning Meeting Agenda with the addition of reviewing Ordinance No. 21 – Land Division Ordinance.”  Motion: Phillips, 2nd Wells:  Motion Carried.

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Stevens stated that he had spoken with Jaynie Hoerauf concerning any proof that there were no liens or mortgages against a property before a split or division would be allowed.  Ms. Hoerauf stated to Chairman Stevens that this would not be necessary.

2.   Chairman Stevens stated that apparently Surrey Township was working on a “Landlord and Tenant Ordinance” to protect both, and that we should put this on our Long Term Agenda.

B.   Education – Chairman Stevens made a point of reminding everyone to watch out for any Township Planning type classes that may be of use to Mr. Pohoda in the future.

C.  Zoning Administrator/Blight Officer Report: None.

D.  Current Business:

1.   Long Term Agenda:

a.   Chairman Stevens asked that “Landlord and Tenant Ordinance” be put on the Long Term Agenda.  All Planning Commission members agreed that this would be of good benefit.

2.   Review of Ordinance No. 25 – Ordinance To Establish Costs That Lincoln Township Fire Department Can Charge On Behalf Of Freeman Township:

a.   Chairman Stevens stated that Ms. Hoerauf had told him that we would need a cost recovery ordinance in the future.  He surmised that this was so Lincoln Township could recuperate cost on the behalf of Freeman Township.

b.   It was discussed whether we should amend Ordinance No. 25 into a cost recovery ordinance or start a new ordinance, repealing old Ordinance No. 25 since there is no known copy of old Ordinance No. 25.

c.   Chairman Stevens stated that he would try to find out where the costs in Lincoln Township’s cost recovery ordinance came from and we could go from the 

Freeman Township Planning And Zoning Commission Meeting Minutes 

3.   Review Ordinance No. 21 – Freeman Township Land Division Ordinance:

a.   Mr. Maas re-emphasized that while going through the old ordinances it was not certain if this ordinance was the original or not.  The ordinance appeared to be a copy of a Michigan Township Association basic model and because of the ordinance’s origin uncertainty it would ultimately need to be approved by the Freeman Township Board.

b.   Chairman Stevens re-stated that he had spoken with Jaynie Hoerauf concerning any proof that there were no liens or mortgages against a property before a split or division would be allowed and that Ms. Hoerauf had stated to Chairman Stevens that this would not be necessary.

c.   Freeman Township Ordinance No. 21 was reviewed by all Planning Commision members and numerous references to Freeman Township and a few to Clare County were added along with an up-dated approval sign-off block.

d.   Mr. Maas stated that there was a reference to “fee ownership” in Section V., B. and asked if anyone knew what this referred to.  No one knew so Mr. Maas stated that he would ask Pat Humphrey about it and correct if necessary.

e.   Mr. Maas stated that he would make the corrections and have copies of a DRAFT 1 for the next meeting.

4.   Review Ordinance No. 29 – Wind Energy Ordinance:

a.   Mr. Maas handed out copies of the Wind Energy Ordinance – DRAFT 1, for all to read for the next meeting.

5.   Review of Outside Alternate Heating / Wood Burners:

a.   Chairman Stevens stated that he was given a copy of an outside burning ordinance from Freeman Township Supervisor Al Housler.  Mr. Maas stated that he would make copies for the next meeting.

6.   Five (5) Year Review of the Master Plan:

c.   Mr. Maas handed out copies of the reviewed Master Plan with the up-dated revision date.

E.   New Business: None.

F.   Adjournment: Motion: Wells, 2nd Phillips “To adjourn”.  Motion Carried.  Time 8:08 PM.

Gary Maas, Secretary

Minutes For July 2, 2013

Chairman Stevens called the meeting to order at 7:00 PM.

Commission Members Present: Stevens, Phillips, Pohoda, Wells, Maas

Absent: None.

A quorum is present.

Others Present: Harold Logan.

Public Comments: None.

Chairman Stevens asked for a motion “To accept the June 4, 2013 minutes as written.” Mr. Wells stated that there was a misspelling under Current Business. Mr. Maas said this would be corrected: Motion: Phillips, 2nd Wells : Motion Carried.

Chairman Stevens asked for a motion “To accept the July 2, 2013 Planning Meeting Agenda”. Motion: Wells, 2nd Phillips: Motion Carried.

Meeting Business Activities:

A. Chairman’s Comments:

1. Chairman Stevens stated that the state now allows local municipalities to regulate fireworks usage and can formulate their own fireworks ordinances, and that the Planning Commission could possibly look into this for the future.

2. Chairman Stevens stated that Surrey Township had a public meeting concerning a possible “Landlord and Tenant Ordinance” and there was quite a public turnout and not all of the public comments were favorable. Chairman Stevens added that we should still wait and see what happens in Surrey Township on this matter and look at a Landlord and Tenant Ordinance in the future.

B. Education – General: None

C. Zoning Administrator/Blight Officer Report:

1. Mr. Logan stated that there were two Zoning Permits issued last month, and that he is watching a building tear-down in Lake Taho.

2. Chairman Stevens asked Mr. Logan to look into a possible health violation concerning a trailer in the Lake Of The Pines Villas area where some people could be living in the trailer that has been listed as uninhabitable. Mr. Logan stated that he would look into this.

3. Mr. Logan stated that he had been in contact with Mr. Gross and had been informed by Mr. Gross that he had been using his basement for “banquet facilities”. Mr. Logan was not sure if this meant Mr. Gross was catering or just providing a place to have an event; but would continue to look into the matter.

D. Current Business:

1. Long Term Agenda:

a. Mr. Maas stated that “Landlord and Tenant Ordinance” had been added to the Long Term Agenda as Item No. 14.

b. It was discussed by all Planning Commission members and it was unanimously decided to change “Mutual Aid Agreement”, Item No. 13 of the Long Term agenda, to “Ordinance No. 25 – Cost Recovery”.

2. Review of Ordinance No. 25 – Ordinance To Establish Costs That Lincoln Township Fire Department Can Charge On Behalf Of Freeman Township:

a. Mr. Maas handed out copies of the newly found Freeman Township Ordinance No. 25 for Fire and Rescue Cost Recovery.

b. Chairman Stevens stated that the new Fire and Rescue Agreement between Freeman and Lincoln Townships was very close to being signed but no copies were available as yet for reading. Chairman Stevens further stated that Freeman Township was probably going to have to adopt the cost recovery scheme laid out it Lincoln Township’s Cost Recovery Ordinance so there would be compatibility between the two so Lincoln Township could charge for services on behalf of Freeman Township.

c. It was unanimously agreed by all Planning Commission members that Freeman Township Ordinance No. 25 would have to be amended in the future so that the cost recovery would be compatible to Lincoln Township’s but would wait on any action until the new Fire and Rescue Agreement between Freeman and Lincoln Townships was available to be read.

3. Review Ordinance No. 21 – Freeman Township Land Division Ordinance:

a. Mr. Maas handed out copies of Ordinance No. 21 – Freeman Township Land Division Ordinance – Draft 1. After a review Chairman Stevens asked for a motion to recommend to the Freeman Township Board to adopt Ordinance No. 21 – Freeman Township Land Division Ordinance – Draft 1; as written”. Motion Mr. Wells, 2nd Mr. Pohoda; Motion Carried.

b. Mr. Maas stated that he would include this ordinance in the letter he has created listing all ordinances up for recommendation for adoption.

4. Review Potential New Ordinance No. 29 – Wind Energy Ordinance:

a. The Planning Commission began reviewing the potential new Ordinance No. 29 – Wind Energy Ordinance – Draft 1 from 2011. This review will continue at the next Planning Commission meeting.

E. New Business: None.

F. Adjournment: Motion: Wells, 2nd Phillips “To adjourn”. Motion Carried. Time 8:12 PM.

Gary Maas, Secretary

Minutes For August 5, 201

Chairman Stevens called the meeting to order at 7:01 PM.

Commission Members Present: Stevens, Phillips, Pohoda, Wells, Maas

Absent: None.

A quorum is present.

Others Present: None.

Public Comments: None.

Chairman Stevens asked for a motion “To accept the July 2, 2013 minutes as written.”  Motion: Pohoda, 2nd Phillips :  Motion Carried.

Chairman Stevens asked for a motion “To accept the August 5, 2013 Planning Meeting Agenda”.  Motion: Wells, 2nd Phillips:  Motion Carried.

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Stevens stated that he had gone on-line and had printed up a copy of the amended Michigan State Ordinance dealing with fireworks and that the local municipalities can now regulate fireworks use.  Chairman Stevens stated that the Planning Commission should probably look at coming up with a township ordinance concerning the use of fireworks and that he had been receiving some complaints about fireworks noise.

2.   Chairman Stevens stated that he had received a memo from Real Estate One concerning a Jewish organization wanting to buy a 107 acre tract of land at 1511 S. Clareola Road for the purposes of a youth camp.  The memo states that the organization will want to build several bunk houses and that will probably want tax exempt status for religious reasons.  Chairman Stevens stated that he will discuss this with Harold Logan.

B.   Education – General:

1.   Mr. Maas passed around a flier he had received in the mail advertising an evening class on “Master Plan, Zoning Ordinance and Hydraulic Fracturing”.  It was decided by the Planning Commission members that this would not be of any benefit.

C.  Zoning Administrator/Blight Officer Report: None.

D.  Current Business:

1.   Long Term Agenda: None.

2.   Review of Ordinance No. 25 – Ordinance To Establish Costs That Lincoln Township Fire Department Can Charge On Behalf Of Freeman Township:

a.   Chairman Stevens suggested omitting Section 2 items A through G and replacing them with one statement: “All charges will be determined by the Freeman Township contractual agreement with Lincoln Township.”  All Planning Commission members agreed this statement would better serve the ordinan

b.   Chairman Stevens stated that Lincoln Township apparently can not levee charges in Freeman Township and that Freeman Township will have to be the collection agency.  Mr. Pohoda stated that if this is true then Freeman Township incurs the cost of collecting these charges and will apparently not be paid for it.  Chairman Stevens stated that he was unsure how the new Fire and Rescue Agreement provided for this situation and will have to wait and see what is in the new agreement when one is available to read and that he will also contact Jaynie Hoerauf.

c.   Chairman Stevens stated that according to Jaynie Hoerauf Freeman Township will have to have a separate Hazardous Materials Ordinance that deals with Lincoln Township being able to call in Hazardous Materials support from Mt. Pleasant on our behalf.  Further discussion on this issue was also centered around Freeman Township being the collection agency without payback.  Chairman Stevens said he would talk with Jaynie Hoerauf on this as well.

d.   Chairman Stevens said he had an example Hazardous Materials Ordinance from Surrey Township that generally covered the topic well.  Chairman Stevens gave the example ordinance to Mr. Maas to make copies for the next meeting.

3.   Review Potential New Ordinance No. 29 – Wind Energy Ordinance:

a.   The Planning Commission continued the review of the potentially new Wind Energy Ordinance that mostly was concerned with noise, vibration, and more tower height situations.

E.   New Business:

1.   Chairman Stevens asked that a fireworks ordinance be put on the agenda for the next meeting’s Long Term Agenda. 

F.   Adjournment: Motion: Wells, 2nd Phillips “To adjourn”.  Motion Carried.  Time 8:08 PM.

Gary Maas, Secretary

Minutes For September 3, 201

Chairman Stevens called the meeting to order at 7:00 PM.

Commission Members Present: Stevens, Phillips, Wells, Maas

Absent: Pohoda.

A quorum is present.

Others Present: None.

Public Comments: None. 

Chairman Stevens asked for a motion “To accept the August 5, 2013 minutes as written.”  Motion: Wells, 2nd Phillips :  Motion Carried.

Chairman Stevens asked for a motion “To accept the September 3, 2013 Planning Meeting Agenda”.  Motion: Wells, 2nd Phillips:  Motion Carried.Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Stevens stated that he had talked with Jaynie Hoerauf about putting language in the new Fire and Rescue Ordinance No. 25 stating that Lincoln Township would be responsible for any costs rising from the collecting for services.  Chairman Stevens stated that Jaynie said that it would be a good idea.

2.   Chairman Stevens stated that he now had a copy of the Michigan Statute concerning fireworks and it will be of benefit in the future when the Planning Commission might work on a fireworks ordinance.

B.   Education – General: None.

C.  Zoning Administrator/Blight Officer Report: None.

D.  Current Business:

1.   Long Term Agenda:

a.   Chairman Stevens stated that it would be good idea to add a “Fireworks Ordinance” into the Long Term Agenda.  All Planning Commission members present agreed that this would be a good idea.

2.   Review of New Ordinance No. 25 – Fire and Rescue Agreement with Lincoln Township:

a.   Mr. Maas handed out copies of new Fire and Rescue Ordinance No. 25 to all Planning commission members present.  After a short review Mr. Wells made a motion “To recommend the new Fire and Rescue Ordinance No. 25, as written, to the Freeman Township Board for approval, and that a letter stating same be sent to Pat Humphrey”; 2nd Mr. Phillips, Motion carried.

b.   Mr. Maas stated that he would add this ordinance onto the letter already started with other recommendations and send it to Ms. Humphrey  

3.   Hazardous Materials Ordinance:

a.   Mr. Maas handed out copies of the Hazardous Materials Ordinance from Surrey Township and noted that the ordinance would have to be amended a lot for Freeman Township use.

b.   After a short review Mr. Maas asked if there was any language in the recently signed Fire and Rescue Agreement that specifically states that Lincoln Township will be the collecting agency for Hazardous Materials clean up situations.  Chairman Stevens stated that he did not think so and said he had come up with a possible amendment to the Fire and rescue Agreement that would include Hazardous Materials; also, he said that it is possible that the Mt. Pleasant Fire Department may be the collecting agency on their own behalf and that he would call them on this matter as well as discuss it with the Freeman Township Board.

4.   Review Potential New Wind Energy Ordinance No. 29:

a.   The Planning Commission finished its review of the potentially new Wind Energy Ordinance No. 29.

b.   Mr. Maas stated that he would have finished DRAFT 2 of the ordinance for all to review at the next meeting.

E.   New Business:

1.   Chairman Stevens asked that “Review of the Long Term Agenda Entries” be put on the agenda for the next meeting. 

F.   Adjournment: Motion: Phillips, 2nd Wells “To adjourn”.  Motion Carried.  Time 7:55 PM.

Gary Maas, Secretary

Minutes For October 1, 2013

Chairman Stevens called the meeting to order at 7:00 PM.

Commission Members Present: Stevens, Phillips, Wells, Pohoda and Maas

Absent: None.

A quorum is present.

Others Present: Harold Logan and Al Housler.

Public Comments: None.

Chairman Stevens asked for a motion “To accept the September 3, 2013 minutes as written.” Motion: Phillips, 2nd Wells : Motion Carried.

Chairman Stevens asked for a motion “To accept the October 1, 2013 Planning Meeting Agenda.” Motion: Phillips, 2nd Pohoda: Motion Carried.

Meeting Business Activities:

A. Chairman’s Comments:

1. Chairman Stevens stated that we should get into the Hazardous Materials Ordinance soon and asked Mr. Housler if he had contacted Mr. Zimmerman (Lincoln Township Supervisor).

2. Mr. Housler stated that Mr. Zimmerman had two issues; 1. The fire and Rescue Agreement is done; and 2. Lincoln Township will be responsible for first responder cost issues up to the point Mt. Pleasant’s Hazardous Materials Unit arrives, unless they are needed for something more.

3. Mr. Housler requested a copy of the Surrey Township Ordinance concerning Hazardous Materials for review and will talk with Mr. Zimmerman further if a wording change in the existing agreement is possible.

4. Chairman Stevens stated that we really can’t proceed with the Hazardous Materials Ordinance at this point until the responsibility of cost recovery can be finalized.

B. Education – General: None.

C. Zoning Administrator/Blight Officer Report:

1. Mr. Logan stated that he had seven permits last month, was still working on approximately three older blight issues and that there was nothing new to report on Mr. Gross’ cabins.

D. Current Business:

1. Long Term Agenda:

a. The Planning Commission reviewed all entries on the Long Term Agenda and unanimously decided to remove Item 6. Review Use Permit Provisions and Item 7. Campers Used For Storage, as not necessary.

b. Item 8. was removed as it has already been accomplished.

c. Item 12. was removed as it will be on next months agenda.

2. Review 2014 Planning Commission Budget:

a. Mr. Maas handed out copies of the proposed 2014 Planning Commission Budget and explained that it was the same as the 2013 Budget except there was a new entry called “FICA”. Mr. Maas further stated that this was necessary per Pat Humphrey

Freeman Township Planning And Zoning Commission Meeting Minute

Minutes For October 1, 2013 (continued

b. After a short review a motion was made by Mr. Phillips, 2nd Mr. Pohoda, “To accept the 2014 Planning Commission Budget as written and send it to the Freeman Township Board for approval.”

c. Mr. Maas said he would send it to the Freeman Township Board.

3. Hazardous Materials Ordinance:

a. It was unanimously decided by all Planning Commission members to put this item in abeyance until the issue of cost recovery responsibility can be determined.

4. Review Potential New Wind Energy Ordinance No. 29:

a. Mr. Maas stated that he had noticed that the previously agreed upon Draft of the new Wind Energy Ordinance No. 29 had a reference to Large Wind Energy Turbines in the definitions but did have a section on Large Wind Energy Turbines. Mr. Maas further stated that he had researched Large Wind Energy Turbines and had added a section to the ordinance after conferring with Chairman Stevens.

b. Mr. Maas handed out copies of the amended Wind Energy Ordinance No. 29 that included the new section on Large Wind Energy Turbines.

c. After reviewing the new section a motion was made by Mr. Phillips, 2nd Mr. Wells, “To accept the new “DRAFT 2 + LWET” of Wind Energy Ordinance No. 29 with the section on Large Wind Energy Turbines as written and be sent to the Freeman Township Board with a letter of recommendation for approval.” Motion Carried.

d. Mr. Maas said he would include the new ordinance on the letter he has started to Pat Humphrey containing all new ordinances and amendments.

E. New Business:

1. Twenty Five Dollar ($25) Increase To All Planning Commission Members:

a. Mr. Maas asked all Planning Commission members to consider sending a letter to the Freeman Township Board recommending that all Planning Commission members receive a twenty five dollar increase in the monthly stipend.

b. After discussion that involved a review of the Planning Commission Budget and that the increase was merited considering the depth of work involved in current issues and that the increase would still keep the Planning Commission within their budget; a motion was made by Mr. Maas, 2nd Mr. Phillips, “To send a letter to the Freeman Township Board recommending a twenty five dollar ($25) increase in stipend to all Planning Commission members.” Motion Carried.

F. Adjournment: Motion: Wells, 2nd Phillips “To adjourn”. Motion Carried. Time 8:00 PM

Gary Maas, Secretary

Minutes For November 5, 201Chairman Stevens called the meeting to order at 7:00 PM.

Commission Members Present: Stevens, Phillips, Wells, Pohoda and Maas

Absent: None.

A quorum is present.

Others Present: Harold Logan.

Public Comments: None.

Chairman Stevens asked for a motion “To accept the October 1, 2013 minutes as written.”  Motion: Wells, 2nd Phillips :  Motion Carried.

Chairman Stevens asked for a motion “To accept the November 5, 2013 Planning Meeting Agenda.” Motion: Wells, 2nd Phillips:  Motion Carried.

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Stevens asked if everyone in the Planning Commission had a copy of the “Authorities and Responsibilities” booklet.  Not everyone said they had one and Chairman Stevens said he would try and get copies.

2.   Chairman Stevens stated that the Planning Commission had a very productive year and will try and continue this next year.

B.   Education – General: None.

C.  Zoning Administrator/Blight Officer Report:

1.   Mr. Logan stated that he had two permits last month and that there was nothing new to report on Mr. Gross’ cabins.

2.   Mr. Logan stated that a Mr. Barber had two trailer type mobile homes on a single parcel which is a technically a zoning violation but is waiting for more information from Janie Hoerauf as to how to proceed.

D.  Current Business:

1.   Long Term Agenda:

a.   Chairman Stevens stated that he had a conversation with Al Housler concerning the possibility of the Planning Commission looking into a Freeman Township Leash Law for dogs.  After discussion it was the general consensus that such a law would be very difficult, if not impossible, to enforce and would not be added to the Long Term Agenda.

b.   Chairman Stevens also stated that during his conversation with Al Housler, Mr. Housler also wanted the Planning Commission to look into amending the Noise Ordinance to include barking dogs.  It was discussed that the current Noise Ordinance had a provision about noise after a given time of night.  It was unanimously agreed that looking into a barking dog provision could be added to the Long Term Agenda.

c.   Lastly, Chairman Stevens stated that Mr. Housler would like the Planning Commission to look into developing a draft of an “Employee and Committee Members Book of Job Responsibilities”.  It was unanimously agreed that this could be added to the Long Term Agenda

2.   Election of Planning Committee Officers for 2014:

a.   Mr. Wells made a motion, Mr. Phillips 2nd, that Mr. Stevens remain Chairman, Mr. Phillips remain Vice-Chairman and Mr. Maas remain Secretary for 2014.  Mr. Stevens, Mr. Phillips and Mr. Maas stated they would accept the nomination.  The motion was carried unanimously.

3.   Hazardous Materials Ordinance:

a.   Chairman Stevens stated that Al Hausler had told him that he had received a letter from Mr. Zimmerman from Lincoln Township stating that Lincoln Township would indeed be responsible for billing and collection for hazardous materials situations.  Mr. Stevens added that given this letter the Planning Commission could go ahead and develop a new Hazardous Materials Ordinance to establish criteria for billing and collections.

b.   It was determined that the new ordinance would be Ordinance No. 32 and that we could use the Surrey Township Hazardous Materials Ordinance as an example to start from.

c.   After much discussion and editing a rough draft was agreed upon.  Mr. Maas stated that he would have a “Draft 1” ready for review at the next meeting.

4.   Review of making a violation of the Zoning Ordinance a Civil infraction:

a.   Again, after lengthy discussion it was determined that the simple addition of the phrase “civil infraction” would not be enough or be clear enough and this would require further discussion at the next meeting so this item was put abeyance.

E.   New Business:

1.   Set Calendar Days for Planning Commission Meetings for 2014:

a.   The Planning Commission set the following days for Planning commission meetings:

March 4, 2014                        August 4, 2014 (Monday)

April 1, 2014               September 2, 2014

May 6, 2014                October 7, 2014

June 3, 2014               November 3, 2014 (Monday)

July 1, 2014

F.   Adjournment: Motion: Phillips, 2nd Pohoda “To adjourn”.  Motion Carried.  Time 8:00 PM.

Gary Maas, Secretary

2012

Vice Chairman Phillips called the meeting to order at 7:00 PM.

Commission Members Present: Stevens, Phillips, Maas, Wells

Absent: Blain

A quorum is present.

Others Present: Harold Logan, Dave Pohoda.

Public Comments: None.

Vice Chairman Phillips asked for a motion “To accept the October 2, 2012 minutes as written”: Motion: Wells, 2nd Stevens : Motion Carried.

Vice Chairman Phillips asked for a motion “To accept the November 5, 2012 Planning Meeting Agenda. Motion: Stevens, 2nd Wells: Motion Carried

Meeting Business Activities:

A. Vice Chairman’s Comments:

1. Vice Chairman Phillips asked Mr. Maas if he had sent a letter to Pat Humphrey outlining all the proposed changes to various ordinances. Mr. Maas stated that he had indeed sent such a letter to Mrs. Humphrey, however, Mrs. Humphrey said she would appreciate if Mr. Maas would get back with her after the up-coming elections so a newspaper article could be put together. Mr. Maas said he would get with Mrs. Humphrey after the elections and resubmit the letter.

B. Education – None.

C. Zoning Administrator/Blight Officer Report:

1. Zoning Administrator Logan stated that he had issued two zoning permit this last month.

2. Zoning Administrator Logan stated that as for Blight; he will probably write another letter to the Rude’s on Grass Lake Road concerning the mess around the small brown house on Monroe Road, and that there is still no action on Connie Snow’s house on Monroe Road concerning the car removal and general clean up and that she is due in court again on November 9, 2012.

D. Current Business:

1. Long Term Agenda: None.

2. Review Ordinance No. 16 – Freeman Township Officer Pension Plan:

a. Mr. Maas stated that he had gotten with Pat Humphrey concerning Freeman Township Ordinance No. 16 and that Mrs. Humphrey had given him the phone number of Kim Jasiak at Manulife Financial, the pension plan agent.

b. Mr. Maas further stated that he had gone through the entire ordinance with Ms. Jasiak and together they reworded and revamped the old Freeman Township Ordinance No. 16 to be up-to-date and correct. Mr. Maas stated that he would like to go overt the revamped draft with Mrs. Humphrey before bringing it before the Freeman Township Planning Commission, and that Ms. Jasiak had sent a copy of the Pension Plan to Mr. Maas for further study if required.

3. Review of Ordinance No. 6, “Drilling of Oil and Gas Wells Ordinance”:

a. It was agreed by all Freeman Township Planning Commission members to review this ordinance at a future meeting.

4. 2013 Freeman Township Planning Commission Meeting Dates:

a. It was agreed be all Freeman Township Planning Commission members present that the following would be the 2013 meeting dates; if there is an election that involves the Freeman Township Hall in August and/or November the meeting would be held on the Monday immediately before:

March 5, 2013

April 2, 2013

May 7, 2013

June 4, 2013

July 2, 2013

August 6, 2013

September 3, 2013

October 1, 2013

November 5, 2013

5. Elections:

a. It was agreed by all Freeman Township Planning Commission members present to postpone the elections of Freeman Township Planning Commission officers until the March 5, 2013 Freeman Township Planning Commission meeting as there could be significant Planning Commission member changes due to the November 6, 2012 elections.

E. New Business:

1. Mr. Stevens asked if there was any new information about the Mutual Aid Agreement received from Lincoln Township. Mr. Maas stated that he had asked Carol Majewski, the Lincoln Township Clerk, for any copies of the fire and rescue agreement between Freeman township and Lincoln township. Mrs. Majewski sent him the same Mutual Aid Agreement that Mr. Stevens had; but no original fire and rescue agreement.

F. Adjournment: Motion: Stevens, 2nd Wells “To adjourn”. Motion Carried. Time 7:43 PM.

Gary Maas, Secretary

 

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Stevens, Phillips, Maas, Wells, Blain

Absent: None.

A quorum is present.

Others Present: Harold Logan.

Chairman Blain asked for a motion “To accept the May 1, 2012 minutes as written”: Motion: Stevens, 2nd Phillips :  Motion Carried.

Chairman Blain asked for a motion “To accept the June 5, 2012 Planning Meeting Agenda.  Motion: Phillips, 2nd Stevens:  Motion Carried.

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Blain stated that he had received a copy of a letter sent to the Freeman Township Board by the township attorney, Jayne Hoerauf, addressing the situation of Mr. Gross’ rental cabins.  The letter stated that if the township were to proceed with any action it should bring the matter before the Zoning Board of Appeals.

2.   Jayne Hoerauf’s  letter stated that Freeman Township could bring this situation before the Freeman Township Zoning Board of Appeals, at no cost to Mr. Gross, and the Zoning Board of Appeals could issue a non-conforming special use permit if the Zoning Board of Appeals believed that the situation meet all the criteria of Zoning Ordinance Section 15.06.F.

B.   Education - General: None.

C.  Zoning Administrator/Blight Officer Report:

1.   Zoning Administrator Mr. Logan stated that there was a Zoning Permit issued for a new house build this last month at Windover Lake.

2.   Zoning Administrator Mr. Logan stated that he had contacted the DNR/DEQ concerning the burial of house materials at the Connie Snow residence on Monroe Rd.  Mr. Logan stated that the DNR/DEQ were to look into this matter.

3.   Zoning Administrator Mr. Logan further stated that there is one place in the Lake of the Pines Villas that has made good progress in cleaning up and another place that is awaiting a court date on June 8, 2012.

D.  Current Business:

1.   Long Term Agenda:

a.   Mr. Maas stated that item 14, Ordinance 26 Review, had been removed from the Long Term Agenda as the Freeman Township Planning Commission was currently reviewing it.

2.   Amended Ordinance No. 26, “Ordinance to Rescind Ordinances No. 7 and No. 9 and Transfer Responsibility to Clare County Building & Electric Department”:

a.   The amended Ordinance No. 26 was reviewed by all Freeman Township Planning Commission members.  It was agreed that this ordinance needed to be amended as building inspections are currently being performed by Freeman Township and not Clare County. 

b.   A motion was made by Mr. Stevens, 2nd Mr. Wells, “To accept the amended Freeman Township Ordinance No. 26 as written eliminating all references to Ordinance No. 7 which include building inspections being performed by the County of Clare, Michigan.”  This motion was unanimously passed.

c.   Mr. Maas stated that he would send a letter of the Freeman Township Planning Commission’s recommendation to accept Ordinance No. 26 as written.

3.   Re-establish Ordinance No. 7, “Ordinance to Designate an Enforcing Agency for Building Code Enforcement (Building Inspector)”:

a.   Ordinance No. 7 was reviewed by all Freeman Township Planning Commission members.  It was agreed that this ordinance needed to be re-established (presently repealed) as building inspections are currently being performed by Freeman Township and not Clare County.

b.   A motion was made by Mr. Stevens, 2nd Mr. Wells, “To re-establish Freeman Township Ordinance No. 7 as written affirming that building inspections are being performed by Freeman Township”.  This motion was unanimously passed.

c.   Mr. Maas stated that he would send a letter of the Freeman Township Planning Commission’s recommendation to accept Ordinance No. 7 as written.

4.   Review of Ordinance No. 6, “Drilling of Oil and Gas Wells Ordinance”:

a.   It was agreed by all Freeman Township Planning Commission members to review this ordinance at the next meeting.

 E.   New Business: None.

F.   Adjournment: Motion: Stevens, 2nd Phillips “To adjourn”.  Motion Carried.  Time 8:05 PM. 

Gary Maas, Secretary

Minutes For May 1, 2012

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Stevens, Phillips, Maas, Blain

Absent: Wells.

A quorum is present.

Others Present: None.

Chairman Blain asked for a motion “To accept the April 3, 2012 minutes as written”: Motion: Phillips, 2nd Stevens: Motion Carried.

Chairman Blain asked for a motion “To accept the May 1, 2012 Planning Meeting Agenda. Motion: Stevens, 2nd Phillips: Motion Carried.

Meeting Business Activities:

A. Chairman’s Comments:

1. Chairman Blain restated the history of Mr. Gross and his rental cabins located at 6340 W. Cadillac; that the cabins were situated on a residential/agricultural zoned property when they should only have been allowed on a commercially zoned property.

2. Chairman Blain further stated that a building permit had been issued by Mr. L. Denton, the Freeman Township Building Inspector at that time, but no known zoning permit had ever been issued. Chairman Blain posed the question should an after-the-fact special use permit be issued?

3. All the members of the Freeman Township Planning Commission present agreed that it probably was not within the authority of the Freeman Township Planning Commission to issue such a permit.

4. After further discussion it was agreed by all Freeman Township Planning Commission members present to write a letter to the Freeman Township Board outlining a brief history of the situation and recommend that the Freeman Township attorney be asked for further advice and/or direction.

B. Education - General: None.

C. Zoning Administrator/Blight Officer Report: None.

D. Current Business:

1. Long Term Agenda: None.

2. Ordinance No. 18, “Freeman Township Group Insurance Coverage Ordinance”:

a. Chairman Blain stated that the Freeman Township Board had deemed it unnecessary for the Freeman Township Planning Commission to deal with the subject of repealing Freeman Township Ordinance No. 18. The Freeman Township Board can, in its opinion, repeal the ordinance after the proper hearing; the only question being if this needed to be at an annual meeting.

b. It was agreed by all the Freeman Township Planning Commission members present to consider this agenda item closed.

3. Review Ordinance No. 6 – “Drilling Of Oil And Gas Wells Ordinance”:

a. It was agreed by all Planning Commission members present that the Review Ordinance No. 6 – “Drilling Of Oil And Gas Wells Ordinance” would again be put on abeyance.

4. Freeman Township Planning Commission By-Laws Review:

a. Mr. Maas distributed copies of the final draft of the Freeman Township Planning Commission By-Laws for all to review.

b. A motion was made by Mr. Phillips, 2nd Mr. Stevens, to accept the 04-03-2012 reviewed and revised version of the Freeman Township Planning Commission By-Laws as written. The vote was unanimous in favor of; motion carried.

5. Ordinance No. 26, “Ordinance To Transfer Responsibility Of Building And Electrical Inspections To The County Of Clare, Michigan” review:

a. After lengthy review of Ordinance No. 26, it was agreed by all Freeman Township Planning Commission members present to recommend amending Ordinance No. 26 to refer only to Electrical Inspections.

b. It was also agreed by all Freeman Township Planning Commission members present to recommend re-instating Ordinance No. 7 as written to cover the responsibility and authority of building inspections again to Freeman Township.

E. New Business: None.

F. Adjournment: Motion: Phillips, 2nd Stevens “To adjourn”. Motion Carried. Time 8:05 PM.

Gary Maas, Secretary

Minutes For October 2, 2012

Vice Chairman Phillips called the meeting to order at 7:08 PM.

Commission Members Present: Stevens, Phillips, Maas, Wells

Absent: Blain

A quorum is present.

Others Present: Harold Logan, Dave Pohoda.

Public Comments: None.

Vice Chairman Phillips asked for a motion “To accept the September 4, 2012 minutes as written”: Motion: Stevens, 2nd Wells : Motion Carried.

Vice Chairman Phillips asked for a motion “To accept the October 2, 2012 Planning Meeting Agenda. Motion: Wells, 2nd Stevens: Motion Carried.

Meeting Business Activities:

A. Vice Chairman’s Comments: None.

B. Education – None.

C. Zoning Administrator/Blight Officer Report:

1. Zoning Administrator Logan stated that he had only issued one zoning permit this last month.

2. Zoning Administrator Logan stated that as for Blight; Judy Wiley’s house is getting cleaned up and at 2660 Ashcroft, where the trees fell onto the house, is in the process of getting cleaned up as well.

D. Current Business:

1. Long Term Agenda:

a. Mr. Maas stated that he had added the item “Mutual Aid Agreement” to the Long Term Agenda but wanted further clarification as to what this entailed.

b. Mr. Stevens stated that Lincoln Township currently has a contract with Freeman Township to cover fire and rescue. However, Lincoln Township wants to enter into a “Mutual Aid Agreement” with Freeman Township, or for Freeman Township to create an ordinance, to recover further costs their fire and rescue department incurs for residential or non-residential fires and emergencies while in Freeman Township.

c. Mr. Maas stated that there is no copy of the fire and rescue contract or any copy of Freeman Township Ordinance No. 25, which covers said services, on file, but would contact Lincoln Township to see if they had a copy.

2. Review Freeman Township Ordinance No. 15 – Lot Division Ordinance:

a. Mr. Maas distributed copies of example Land, Lot, and Site Condominium ordinances from St. Joseph County.

b. At first it was prematurely agreed for all to review these ordinances for discussion at the next meeting. However, upon further discussion and comparing Freeman Township Ordinance No. 15 with the Freeman Township Zoning Ordinance Sections 3.05 and 3.06 it was determined that Freeman Township Ordinance No. 15 was fine the way it wasc. Vice Chairman Phillips asked for a motion; “To keep Freeman Township Ordinance No. 15 is as.” Motion Stevens, 2nd Wells, Motion Car Freeman Township Planning And Zoning Commission Meeting Minutes

3. Review Freeman Township Ordinance No. 16 – Pension Plan Ordinance:

a. Mr. Maas stated that Chairman Blain was to discuss this with Pat Humphrey. Mr. Maas further stated that since Chairman Blain was soon to become Freeman Township Supervisor Blain he would contact Pat Humphrey on this matter.

4. Review of Amended Freeman Township Ordinance No. 26 – Draft 4:

a. Mr. Maas distributed copies of the amended Freeman Township Ordinance No. 26 – Draft 4 that included the repeal of Freeman Township Ordinance No.19:

b. After review it was unanimously agreed that the amended Freeman Township Ordinance No. 26 – Draft 4 should be sent to the Freeman Township Board with the recommendation to adopt.

5. Repealed Freeman Township Ordinance No. 7:

a. Mr. Maas stated that he had talked with Pat Humphrey about whether we needed a new ordinance to re-instated the content of Repealed Freeman Township Ordinance No. 7. Mr. Maas stated that Pat Humphrey had said per the Michigan Townships Association (MTA) we did not need a new ordinance but could indeed re-instate the repealed Freeman Township Ordinance No. 7.

b. Mr. Maas distributed copies of a possible new Freeman Township Ordinance No. 32 – Draft 1 which would, if needed, be the new Freeman Township Ordinance No.7. All Planning members in attendance agreed that this Draft 1 would serve if required and could also be sent to the Freeman Township Board with a recommendation to adopt.

6. Review of Ordinance No. 6, “Drilling of Oil and Gas Wells Ordinance”:

a. It was agreed by all Freeman Township Planning Commission members to review this ordinance at a future meeting.

E. New Business:

1. 2013 Planning Commission Budget:

a. Mr. Maas distributed copies of the proposed 2013 Freeman Township Planning Commission Budget. After review, Vice Chairman Phillips asked for a motion; “To accept the proposed 2013 Freeman Township Planning Commission Budget as written and be sent to the Freeman Township Board with a recommendation to adopt.” Motion Stevens, 2nd Wells; Motion Carried.

F. Adjournment: Motion: Stevens, 2nd Wells “To adjourn”. Motion Carried. Time 8:03 PM.

Gary Maas, Secretary

 The September 13, 2012 Freeman Township Board meeting was called to order at 7:00 pm by Supervisor, Mark Lightfoot.  The Pledge to the Flag was given by Board members and thirty-five citizens.  Board members Rosemary Lightfoot, Richard Wells, Patricia Humphrey and Mark Lightfoot were present for Roll Call of officers, Helen Bardallis was absent.

     The minutes of the August 9, 2012 were approved by a motion from R. Wells, support from R. Lightfoot.  Vote Taken – Motion Carried.

     Regular Business was suspended to hear from the following guests:

Dale Majewski, Lincoln Township Fire Chief reported that the volume on the Early Warning Sirens can’t be changed without a large expense.  He also reported the Fire Department had done 317 runs for the month.  Majewski is also a candidate for Clare County Commissioner.

     Jerry Burger, current Clare County Commissioner seeking re-election gave his monthly report.  He told the citizens that the BOC revised section 2 of the county ORV ordinance #22 to read “all roads in Clare County are open to ORV traffic; Surrey Road and Maple Grove Road were opened.  He also reported that 65 of the 108 mortgage foreclosure properties were sold at the first foreclosure sale.  The County netted enough on the sale of the 65 properties to recover all taxes owed on all 108 foreclosed properties at the first sale.  The second sale is October 9, 2012 at Beaverton.

     Mark McClellan, candidate for Clare County sheriff spoke briefly about his qualifications and his plans for the department should he win the election.  He said the department will pick up dead animals and will be back in uniform, not the fatigues they commonly wear now.

     Janet Lackie, democratic candidate for Township Treasurer introduced herself and ask for support.

Regular Business resumed:

     The Treasurer’s report was presented and a motion came from R. Wells with support from R. Lightfoot to approve check numbers 12677 through 12737, early checks, 12677 through 12682.  Void Checks 12683 through 12702 were run upside down.  Vote Taken – Motion Carried.

     The Clerk had no correspondence to read.

     The Supervisor reported under his correspondence that there had been a meeting scheduled for earlier this afternoon with Jeff Hall, ISP Management.  The purpose of this meeting was to determine how much the township would charge for Broad Band service outside the township and how much we would charge in the township.  The township needs to recover enough to pay the lease fees on the property and for the utilities, but we don’t want to make it hard on the citizens.  The meeting had to be rescheduled for Friday, September 14th.

     Under Unfinished Business, Roger Bogenschutz ask how the signs for the lakes were coming.  The clerk said there had been discussion with Hogger’s and she would be taking him some drawings.  We may not see the signs until spring.

     There was nothing under New Business.

Committee Reports:

Planning, J. Blain:  Planning has several ordinances ready for the Board to review and set a Public Hearing date for those.  The Planning Members that went to the seminar said the Land Division part of it was very worthwhile.

Building, W. Mantei:  wrote 4 permits

Zoning, H. Logan:  wrote 1 permit and reported the property on Monroe with two mobile homes on one parcel will be split.

Blight. H. Logan: has 5 open complaints. 2661 Ashcroft Dr. has people in and out of it, Building Insp. had red tagged the mobile as unsafe but the tag has been removed.  7580 Stephen Ct. has cleaned up pretty well, but just moved the junk to the next lot.

     The Supervisor complemented both W. Mantei and H. Logan for the fine work they are doing in the township.

Rubbish, A. Fox:  reports that things are going good at the Transfer Site, he ask when the big dumpster

Minutes For July 3, 201

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Stevens, Phillips, Maas, Wells, Blain

Absent: None.

A quorum is present.

Others Present: None 

Chairman Blain asked for a motion “To accept the June 5, 2012 minutes as written”: Motion: Phillips, 2nd Stevens :  Motion Carried.

Chairman Blain asked for a motion “To accept the July 3, 2012 Planning Meeting Agenda.  Motion: Stevens, 2nd Wells:  Motion Carried

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Blain stated that Pat Humphrey had left several copies of “The Par Plan News” for anyone who wanted one.  Also, Pat Humphrey had left two copies of the “Authorities & Responsibilities” booklets for anyone needing one.

B.   Education - General:

1.   Mr. Maas stated that he had received a notice of a seminar called “Hot Topics in Planning & Zoning”, and it might be a good fit for the Planning Commission.

2.   After reviewing the seminar content it was unanimously agreed that the Planning Commission would benefit from this and to have Mr. Wells bring this seminar up to the Freeman Township Board for approval.

C.  Zoning Administrator/Blight Officer Report: None.

D.  Current Business:

1.   Long Term Agenda: None.

2.   Zoning Ordinance Review Concerning Two (2) Or More Rentals On One Parcel.

a.   Mr. Logan was not present to further the discussion from the previous meeting so by unanimous agreement this item was moved to the next meeting. 

3.   Review of Ordinance No. 6, “Drilling of Oil and Gas Wells Ordinance”:

a.   It was agreed by all Freeman Township Planning Commission members to review this ordinance at a future meeting as this ordinance is quite lengthy and more time will be required to delve into the issue of “fracking

E.   New Business:

1.   Mr. Maas stated that he had given a copy of a letter to Pat Humphrey outlining in detail all the proposed amendments and repeals, with copies of same, the Planning Commission had suggested to the Freeman Township Board from 2011 a 

 

2.   Mr. Maas handed out up-dated copies of the “Freeman Township Adopted Ordinances”  list, with to-date Planning Commission suggested actions, so all Planning Commission members could up-dated their Freeman Township Ordinance Books.

3.   Mr. Blain - Continue Freeman Township Ordinance Review:

a.   Ordinance No. 10; “ Freeman Township Fiscal Year Ordinance”:

i.    It was unanimously agreed by all Planning Commission members that this ordinance should stay on the books as written.

b.   Ordinance No. 11; “Ordinance To Establish The Office Of The Ordinance Officer”:

i.    It was unanimously agreed by all Planning Commission members that this ordinance should stay on the books for now as it may be of benefit sometime in the future.

c.   Ordinance No. 12; “Electric Service Franchise To O & A Electric Ordinance”:

i.    It was unanimously agreed by all Planning Commission members that this ordinance could stay on the books for now as it will officially be null and void on November 13, 2016 anyway.

d.   Ordinance No. 13; “DNR Special Local Waterfront Ordinance – Lake Taho”:

i.    It was unanimously agreed by all Planning Commission members that this ordinance should stay on the books as written.

e.   Ordinance No. 14; “Cemetery Ordinance”:

i.    After reviewing this ordinance it was decided that certain costs outlined within the ordinance needed to be verified before any action could be taken.

ii.   Mr. Maas stated that he would get with Pat Humphrey and review the costs.

f.    Ordinance No. 15; “Land Division Ordinance”:

i.    Mr. Blain stated that he would like to check with the assessor on any land and/or lot division formulas used before proceeding with further review.

g.   It was unanimously agreed by all Planning Commission members to put the review of Ordinances 14 and 15 in abeyance until the next Planning meeting.

F.   Adjournment: Motion: Phillips, 2nd Maas “To adjourn”.  Motion Carried.  Time 8:00 PM.

Gary Maas, Secretary

Minutes For April

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Stevens, Phillips, Maas, Blain

Absent: None.

A quorum is present.

Others Present: Harold Logan.

Chairman Blain asked for a motion “To accept the March 6, 2012 minutes as written”: Motion: Stevens, 2nd Phillips:  Motion Carried.

Chairman Blain asked for a motion “To accept the April 3, 2012 Planning Meeting Agenda.  Motion: Stevens, 2nd Phillips:  Motion Carr

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Blain stated that there were no updates on the issue of a “Special Use” permit to Mrs. Gross and his cabins.

2.   Chairman Blain stated that he had received information from Jaynie Hoerauf, the Freeman Township attorney, that it is now unlawful to park, or leave, boats and/or hoists in the water at the road end that gives access to a waterway except with permission from the DNR.  Also, eluding officers on a boat went from a misdemeanor to a felony.

3.   Chairman Blain stated that Pat Humphrey had left him a note that Lincoln Township had raised the building permit fees for siding, windows and roofs to fifty dollars ($50) and that Freeman Township might look into doing the same.

4.   Chairman Blain stated that he had received a copy of the Medical Marijuana News in which the ACLU had backed off on a law suit with the city of Livonia since Livonia had changed there ordinance so that it prohibits any land use that is contrary to State or Federal law.  Chairman Blain stated that the Freeman Township Planning Commission might be able to use some of this language in any future Medical Marijuana ordinances.

B.   Education - General: None.

C.  Zoning Administrator/Blight Officer Report:

1.   Zoning Administrator Harold Logan stated that he issued two permits last month.

2.   Zoning Administrator Harold Logan stated that the “car” along M-115 was now gone.

3.   Zoning Administrator Harold Logan stated that the backyard litter at “2661 Ashcroft” was now getting cleaned up by the new owners.

4.   Zoning Administrator Harold Logan stated that Connie Snow paid the $300 dollar fine at her court date but still nothing has been getting cleaned up at the Monroe road address.

D.  Current Business:

1.   Long Term Agenda: None.

2.   Wind Energy Ordinance:

a.   It was agreed by all Planning Commission members present that the Wind Energy Ordinance would continue to be put on abeyance. 

3.   Review Ordinance No. 6 – “Drilling Of Oil And Gas Wells Ordinance”:

a.   Chairman Blain stated that he had not talked with Jaynie Hoerauf yet about gas well regulation but will try and contact her and a representative of AR (a.k.a. Great Lakes) Gas that he knows, for more information concerning gas wells and how much, and/or, well the state regulates them.

b.   It was agreed by all Planning Commission members present that the Review Ordinance No. 6 – “Drilling Of Oil And Gas Wells Ordinance” would be put on abeyance.

4.   Mr. Maas distributed the letter that he sent to the Freeman Township Board on the Freeman Township Planning Commission’s behest outlining the proposed changes to several of the Freeman Township Ordinances for general information.

5.   Mr. Maas distributed copies of the Freeman Township Planning Commission By-Laws for all to review.

a.   It was agreed by all Freeman Township Planning Commission members present to review the By-Laws at this meeting.

b.   A motion was made by Mr. Maas, 2nd Mr. Phillips, to accept the 08-02-2005 version of the Freeman Township Planning Commission By-Laws as written except to change Section 4.0 to read, “These by-laws and rules of procedure were reviewed and approved, and/or amended and adopted, as the case may be, on this 3rd day of April 2012 by the Freeman Township Planning Commission.”  The vote was unanimous in favor of; motion carried.

6.   Ordinance No. 18 Review and Possible Repeal:

a.   Chairman Blain stated that he had not received any type of written communication from the Freeman Township Board concerning the Ordinance No. 18 as was requested.

b.   It was agreed by all Freeman Township Planning Commission members present to put this topic in abeyance until such time any written communication was received

E.   New Business:

1.   Chairman Blain requested that the review of Freeman Township Ordinance No. 26 be put on the agenda for the next regular Planning Commission meeting.

F.   Adjournment: Motion: Stevens, 2nd Wells “To adjourn”.  Motion Carried.  Time

Gary Maas, Secretary

Minutes For March 6, 2012

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Stevens, Maas, Blain

Absent: Phillips

A quorum is present.

Others Present: Harold Logan, Don Borle, Jerry Burge

Chairman Blain asked for a motion “To accept the November 1, 2011 minutes as written”: Motion: Stevens, 2nd Wells:  Motion Carried.

Chairman Blain asked for a motion “To accept the March 6, 2012 Planning Meeting Agenda.  Motion: Wells, 2nd Stevens:  Motion Carried.

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Blain stated that there were no updates on the issue of a “Special Use” permit to Mrs. Gross and his cabins.

2.   Chairman Blain stated that during the budget meeting held in February, Township Supervisor Mark Lightfoot stated that he would like the Planning Commission to review Ordinance No. 18 with a recommendation to rescind it.  That Ordinance No. 18 wouldn’t be necessary as the board is looking into doing away with the Group Insurance for the Freeman Township Board members and replacing it with a one time “in-lieu of Group Insurance” pay increase.

B.   Education - General: None.

C.  Zoning Administrator/Blight Officer Report: Zoning Administrator Harold Logan stated that he had issued no permits last month and that there were two outstanding blight issues.

D.  Current Business:

1.   Long Term Agenda:

a.   It was agreed by all Planning Commission members present that “Ordinance No. 26 – Ordinance To Transfer Responsibility Of Building And Electrical Inspections To The County Of Clare, Michigan” needed to be amended as building inspections are currently being performed by Freeman Township and not Clare County.

2.   Wind Energy Ordinance:

a.   It was agreed by all Planning Commission members present that the Wind Energy Ordinance would be put on hold so attention could be focused on Ordinance No. 18.

3.   Review Ordinance No. 6 – “Drilling Of Oil And Gas Wells Ordinance”:

a.   After a short review of Ordinance No. 6 it was agreed by all Planning Commission members present that the ordinance maybe redundant as oil and gas drilling might be completely regulated by the state and/or federal government.  Chairman Blain stated that he would call the township attorney, Jaynie Hoerauf, for clarification.  

E.   New Business:

1.   Ordinance No. 18 Review:

a.   Again, Chairman Blain stated that during the budget meeting held in February, Township Supervisor Mark Lightfoot stated that he would like the Planning Commission to review Ordinance No. 18 and recommended rescinding it.

b.   Mr. Wells stated that Freeman Township Board members Mark Lightfoot, Rosemary Lightfoot and himself have already received the two hundred and fifty dollars ($250) “in-lieu of Group Insurance” money with only Pat Humphrey and Helen Bardallis receiving the Group Insurance.

c.   Mr. Stevens stated that receiving this “in-lieu of Group Insurance” money is itself a violation of Michigan Law and isn’t being handled properly.

d.   Chairman Blain stated that as the ordinance stands there is a possible “double-dip” situation where a new incoming board member would automatically receive the rolled-in “in-lieu of Group Insurance” money and then opt for the actual Group Insurance.  At the very least Ordinance No. 18 may need amending as it stands.

e.   It was agreed by all Planning Commission members present that a letter should be sent to the Freeman Township Board stating a desire by the Freeman Township Planning Commission for clarification of reasons to rescind and/or amend Ordinance No. 18.

f.    It was agreed by all Planning Commission members present that this would be discussed further after hearing back from the Freeman Township Board.

2.   Chairman Blain stated that he would like copies of the Planning Commission By-Laws brought to the next meeting for review and the 2011 letter sent to the Freeman Township Board chronicling the recommended ordinance changes.  Mr. Maas stated that he would have these for the next meeting.

F.   Adjournment: Motion: Stevens, 2nd Wells “To adjourn”.  Motion Carried.  Time 7:56 PM. 

Gary Maas, Secretary

2011

Minutes For March 1, 2011

 

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Stevens, Phillips, Maas, Blain

Absent: None

A quorum is present.

Others Present: Harold Logan

 

Chairman Blain asked for a motion “To accept the November 1, 2010 minutes as written: Motion: Stevens, 2nd Phillips:  Motion Carried.

Chairman Blain asked for a motion “To accept the March 1, 2011 Planning Meeting Agenda as written: Motion: Stevens, 2nd Wells:  Motion Carried.

 

Meeting Business Activities:

      A.  Chairman’s Comments:

Chairman Blain asked for a motion “To accept the November 1, 2010 minutes as written: Motion: Stevens, 2nd Phillips:  Motion Carried.

Chairman Blain asked for a motion “To accept the March 1, 2011 Planning Meeting Agenda as written: Motion: Stevens, 2nd Wells:  Motion Carried.

 

Meeting Business Activities:

      A.  Chairman’s Comments:

Chairman Blain asked for a motion “To accept the November 1, 2010 minutes as written: Motion: Stevens, 2nd Phillips:  Motion Carried.

Chairman Blain asked for a motion “To accept the March 1, 2011 Planning Meeting Agenda as written: Motion: Stevens, 2nd Wells:  Motion Carried.

 

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Blain stated that he thought it would be a good idea for Mr. Logan to check with Mr. Mantei (Lincoln Township Building Inspector) as to the particulars of Lincoln Township’s Zoning Ordinance that gives lakefront owners the ability to build sheds close to the lakefront without going through the cost of a ZBA meeting.  Mr. Logan said he would check into this.

2.   Chairman Blain stated that he thought it would be a good idea to begin reviewing all of Freeman Township’s old ordinances.  At this, Mr. Maas stated that over the winter months when the Planning Commission was off he had re-copied all of Freeman Township’s old ordinances for Pat Humphrey, and that these are now easily available for printing and review.  Chairman Blain then requested that copies of Freeman Township Ordinance No. 1 be brought to the next meeting for all to read and review.

B.   Education - General:

1.   Mr. Stevens stated that currently there are basic “Planning” seminars available for those who might be interested.  No one said they would be interested as everyone had already gone.

2.   Mr. Maas stated that there is a workshop called “Complete Streets Workshop” available for any who might be interested.  All stated that they would not be attending.

C.  Zoning Administrator Report:

1.   Zoning Administrator Logan stated that he had 13 Blight cases in 2010, of which 2 are currently still active and being pursued legally.

D.  Current Business:

1.   Long Term Agenda:

a.   Mr. Stevens stated that Freeman Township Supervisor Lightfoot requested that the Planning Commission look at developing an ordinance covering Medical Marijuana, distribution and growing.  All Planning members said this was a good idea.  Mr. Stevens made a motion to add “Medical Marijuana Ordinance Covering Distribution and Growing” to the Long Term Agenda, 2nd Wells, Motion Carried.

 

b.   The following changes to the Long Term Agenda were agreed upon by all Planning members:

i.    Change Item No. 4; Installation of Planning Members. – March 2010, to read; Installation of Planning Members. – March 2013.

ii.   Omit the reference “Subcommittee” form Item No.6; to read; Township Hall Expansion.

iii.  Remove Item No. 9; FEMA New Flood Map – NFIP Ordinance (Nat’l. Flood Ins. Program.); as this has been accomplished.

 

2.   NFIP:

a.   Mr. Maas stated that Pat Humphrey had received a letter from FEMA stating that Freeman Township had been officially accepted into the NFIP.

 

3.   Alternate Wind Energy Ordinance:

a.   The remainder of the Wind Energy Ordinance from Grand Haven was reviewed.  It was determined that a finished version should be typed up so any further questions could be more easily handled.  Mr. Maas stated that he would have draft copies of the new Freeman Township Wind Energy Ordinance for the next meeting.

 

 

E.   Adjournment: Motion: Stevens, 2nd Phillips “To adjourn”.  Motion Carried.  Time 8:08 PM.

 

Gary Maas, Secretary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.   The following changes to the Long Term Agenda were agreed upon by all Planning members:

i.    Change Item No. 4; Installation of Planning Members. – March 2010, to read; Installation of Planning Members. – March 2013.

ii.   Omit the reference “Subcommittee” form Item No.6; to read; Township Hall Expansion.

iii.  Remove Item No. 9; FEMA New Flood Map – NFIP Ordinance (Nat’l. Flood Ins. Program.); as this has been accomplished.

 

2.   NFIP:

a.   Mr. Maas stated that Pat Humphrey had received a letter from FEMA stating that Freeman Township had been officially accepted into the NFIP.

 

3.   Alternate Wind Energy Ordinance:

a.   The remainder of the Wind Energy Ordinance from Grand Haven was reviewed.  It was determined that a finished version should be typed up so any further questions could be more easily handled.  Mr. Maas stated that he would have draft copies of the new Freeman Township Wind Energy Ordinance for the next meeting.

 

 

E.   Adjournment: Motion: Stevens, 2nd Phillips “To adjourn”.  Motion Carried.  Time 8:08 PM.

 

Gary Maas, Secretary

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Stevens, Phillips, Maas, Blain

Absent: None

A quorum is present.

Others Present: Harold Logan, Justin Blain, Thomas Blain

 

Chairman Blain asked if there any comments from the public.

At this point Mr. Justin Blain said that he wanted it brought to the attention of the Planning Commission and the Zoning Administrator/Blight Officer that he believed there may be building, zoning, health and/or blight violations to be addressed at the residence of Shelly Kelly across the street from him.  Zoning Administrator/Blight Officer Harold Logan said that he would look into any possible building, zoning and/or blight violations and would contact the Clare County Board of Health as to any health concerns.

 

Chairman Blain asked for a motion “To accept the March 1, 2011 minutes as written: Motion: Stevens, 2nd Phillips:  Motion Carried.

Chairman Blain asked for a motion “To accept the April 5, 2011 Planning Meeting Agenda as written: Motion: Wells, 2nd Stevens:  Motion Carried.

 

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Blain stated that he would like to review Freeman Township Ordinance No. 1, known as the “Freeman Township Liquor Control Ordinance” first than start working on the draft of the Freeman Township Wind Energy Ordinance.

2.   Chairman Blain stated that there is no new information about the Medical Marijuana seminar that the township lawyer, Jaynie Hoerauf, was considering putting on for the benefit of all Clare County townships.

B.   Education - General: None.

C.  Zoning Administrator/Blight Officer Report:

1.   Zoning Administrator/Blight Officer Logan stated that he wrote two zoning permits last month and that there are two blight cases currently being pursued legally.

D.  Current Business:

1.   Long Term Agenda:

a.   Mr. Phillips asked for clarification as to why “Leash Law For All Domestic Animals” was removed from the Long Term Agenda.  Mr. Stevens stated that he had found out that Clare County already had a “Leash Law” type ordinance and a Freeman Township “Leash Law” ordinance would interfere with the Clare County ordinance.

 

2.   Freeman Township Ordinance No. 1.

a.   It was determined by all Planning Commission members that Freeman Township Ordinance No. 1, known as the “Freeman Township Liquor Control Ordinance”, was out-dated, superfluous in its content, and is no longer being performed by Freeman Township.  That the Clare County Sheriff and the Michigan Liquor Control Commission currently handled all aspects of liquor control in the entire state of Michigan.

b.   A motion was made by Mr. Stevens, 2nd Mr. Wells, to recommend to the Freeman Township Board to repeal Freeman Township Ordinance No. 1, known as the “Freeman Township Liquor Control Ordinance”, as being out-dated, superfluous in its content, is no longer being performed by Freeman Township and that the Clare County Sheriff and the Michigan Liquor Control Commission currently handled all aspects of liquor control in the entire state of Michigan.  Motion Carried.

c.   It was agreed by all Planning Commission members that a single letter be started to encompass all recommendations having to do with all reviewed Freeman Township ordinances during the 2011 Planning Commission year.  Mr. Maas stated that such a letter would be started.

3.   Alternate Wind Energy Ordinance:

a.   It was brought up by Mr. Maas that there is a reference in the “Definitions” to a “large” type wind energy turbine but there is no definition given and there are no other references anywhere in the ordinance.  Mr. Stevens said he will try and find out more about “large” type wind energy turbines for the next meeting.

b.   Mr. Maas also noted that in the section for “Set Backs” there is no mention of the one and one-half times the height of the tower reference as per Planning Commission discussion.  At this Chairman Blain stated that it would be a good idea for all members to take the draft ordinance home to read and review further at the next meeting.  All Planning Commission members agreed.

 

 

E.   Adjournment: Motion: Phillips, 2nd Stevens “To adjourn”.  Motion Carried.  Time 8:18 PM.

 

Gary Maas, Secretary

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Stevens, Phillips, Maas, Blain

Absent: None

A quorum is present.

Others Present: Harold Logan, Dick Meitz

Comments from the public: None.

Chairman Blain asked for a motion “To accept the April 5, 2011 minutes as written: Motion: Stevens, 2nd Wells:  Motion Carried.

Chairman Blain asked for a motion “To accept the May 3, 2011 Planning Meeting Agenda as written: Motion: Stevens, 2nd Wells:  Motion Carried.

 Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Blain stated that he had talked with a representative of the state about the Michigan Medical Marijuana program and was informed that there were 14 to 15 people in Freeman Township licensed for Medical Marijuana growing and/or distribution, and that the state does not inform the townships of licensing in general due to privacy concerns.  Chairman Blain added that Mark Lightfoot had gone to the last MTA meeting and asked about and received a lot of information having to do with Medical Marijuana.  Chairman Blain stated he would try and get copies of this information for the next meeting.

2.   Chairman Blain stated that Ron Bushong, from the Clare County Road Commission, was having dialogue with the Freeman Township Board concerning the application of limestone on Freeman Township roads.  That he, Ron Bushong, believed this should be dealt with by the CCRC and all contracting should be done through the CCRC even though the CCRC does not have the specific equipment to deal with limestone.

B.   Education - General: None.

C.  Zoning Administrator/Blight Officer Report:

1.   Zoning Administrator/Blight Officer Logan stated that he wrote one zoning permit last month.

D.  Current Business:

1.   Long Term Agenda: None.

2.   Alternate Wind Energy Ordinance Draft Review.

a.   The Alternate Wind Energy Ordinance draft review was put on hold so the Planning Commission could work on the review of Freeman Township Ordinance No. 2.

 3.   Freeman Township Ordinance No. 2. Review.

a.   It was agreed by all Planning Commission members that the Freeman Township Ordinance No. 2, titled; Building Permits And Fees, should be updated with the following amendments:

i.    Paragraph/line one shall read: All building permits shall be obtained from the Freeman Township Building Inspector representative.

ii.   Paragraph/line two shall read: The Freeman Township Building Inspector representative shall be furnished with, but not limited to, the following information before such building permit will be issued.

iii.  Paragraph three, lines one and two shall read: Said permit(s) to be issued upon request for a fee are set forth by the Freeman Township Board.  Any permit or approval issued by the Building Inspector representative under which no work has been done above the foundation walls within one (1) year from date of issuance shall expire by limitations; but such permit upon request shall be renewable for an additional one year from the date of expiration of original permit at the base permit fee and subject, however, to the provisions of the Zoning Ordinance in force at the time of such renewal.

iv.  Paragraph four is replaced with: The freeman Township Building Inspector representative shall use all

current applicable Michigan and BOCA building codes, subject to amendments as necessities require.

 v.   Paragraph five shall read: Any violation of the above ordinance is a misdemeanor and is punishable by a maximum fine of three hundred and fifty dollars ($350.00) or ninety (90) days in jail or both and the cost of prosecution.

E.   New Business: None.

F.   Adjournment: Motion: Wells, 2nd Phillips “To adjourn”.  Motion Carried.  Time 8:02 PM.

 Gary Maas, Secretary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

current applicable Michigan and BOCA building codes, subject to amendments as necessities require.

v.   Paragraph five shall read: Any violation of the above ordinance is a misdemeanor and is punishable by a maximum fine of three hundred and fifty dollars ($350.00) or ninety (90) days in jail or both and the cost of prosecution.

 

E.   New Business: None.

F.   Adjournment: Motion: Wells, 2nd Phillips “To adjourn”.  Motion Carried.  Time 8:02 PM.

 

Gary Maas, Secretary

Minutes For June 7, 201

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Stevens, Phillips, Maas, Blain

Absent: None

A quorum is present.

Others Present: Harold Logan, Dick Meitz

Comments from the public: Mr. Meitz asked if the 720 square foot minimum living space for a residential dwelling was for the first floor only or could it also be the first floor plus the second story floor as well?

Mr. Logan, Zoning Administrator, stated that he interprets the Zoning Ordinance as meaning the total of all “living space” even if on two floors; excluding attics, basements, garages and sheds. 

Chairman Blain asked for a motion “To accept the May 3, 2011 minutes as written: Motion: Stevens, 2nd Phillips:  Motion Carried.

Chairman Blain asked for a motion “To accept the June 7, 2011 Planning Meeting Agenda.  Mr. Stevens requested to accept the June 7, 2011 Planning Meeting Agenda with the exception that Item 3. under Current Business, “Wind Energy Ordinance Review”, be put on hold until after the June 15, 2011 seminar on Wind Energy and Medical Marijuana.: Motion: Stevens, 2nd Phillips:  Motion Carried 

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Blain stated that it will probably be necessary for the Planning Commission to look into a “Special Use Permit” for Mr. Gross who has two rental cabins in an area not zoned for such use.  Mr. Gross was issued a building permit by a Mr. L. Denton, a prior building inspector, in error as the area was not zoned for such use and that a zoning permit was never issued.  Chairman Blain said he would bring this up before the Freeman Township Board for their review to determine what course of action they will want to pursue.

B.   Education - General: All Planning Commission members said they will be attending the June 15, 2011 seminar in Gaylord on Wind Energy and Medical Marijuana.

C.  Zoning Administrator/Blight Officer Report:

1.   Zoning Administrator/Blight Officer Logan stated that he wrote three zoning permits and issued four blight notices last month.

D.  Current Business:

1.   Long Term Agenda: None.

2.   Alternate Wind Energy Ordinance Draft Review.

a.   The Alternate Wind Energy Ordinance draft review was put on hold until all Planning Commission members could attend the June 15, 2011 seminar in Gaylord on Wind Energy and Medical Mariju 

3.   Freeman Township Ordinance No. 2. Review.

a.   After review, it was agreed by all Planning Commission members that the Freeman Township Ordinance No. 2, DRAFT 1, titled; Building Permits And Fees, should include the following amendments:

i.    The second paragraph should include the word “required”.

ii.   That, “Proper “Zoning Permit(s)”, is to be added and be the first in the list of furnished information.

iii.  That in the third paragraph the first sentence is to read; “Said permit(s) to be issued upon request for a fee as set forth by the Freeman Township Board.”

E.   New Business:

1.   Mr. Maas stated that he had been given and read a large packet of materials on Medical Marijuana that Ms. Janie Hoerauf, the township attorney, had originally sent to Pat Humphrey.  Mr. Maas further stated that he had been in phone contact with Ms. Hoerauf concerning the township and Medical Marijuana.  Ms. Hoerauf agreed to come to the August 2, 2011 Planning Commission meeting to answer questions 

F.   Adjournment: Motion: Stevens, 2nd Phillips “To adjourn”.  Motion Carried.  Time 8:00 PM

Gary Maas, Secretary

Minutes For July 5, 2011

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Phillips, Maas, Blain

Absent: Stevens

A quorum is present.

Others Present: Harold Logan, Dick Meitz

Comments from the Public: None.

 Chairman Blain asked for a motion “To accept the June 7, 2011 minutes as written: Motion: Wells, 2nd Phillips:  Motion Carried.

Chairman Blain asked for a motion “To accept the July 5, 2011 Planning Meeting Agenda.  Motion: Wells, 2nd Phillips:  Motion Carried.

 Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Blain stated that the Medical Marijuana and Wind Energy seminar that he, Mr. Stevens, Mr. Phillips and Mr. Maas attended was very good.  Chairman Blain also suggested we keep the Medical Marijuana issue on hold for the time being at least until the August 2, 2011 Planning meeting that Janie Hoerauf, the township attorney, is to attend and answer questions.  All Planning Commission members in attendance agreed.

B.   Education - General: None.

C.  Zoning Administrator/Blight Officer Report:

1.   Zoning Administrator/Blight Officer Logan stated that he wrote five zoning permits this last month and has five blight issues in progress.

2.   Mr. Wells stated that the “Boat Doctor” is planning a 2000 square foot addition/storage and that Mr. Logan might look into this.  Mr. Logan made note and said he would look into the matter.

3.   Mr. Logan stated that re-zoning the property owned by Mr. Gross would not be a good idea in that this might constitute a “Spot Zone”.  That the best way to handle this situation would be a “Special Use Permit”.  Chairman Blain stated he still needs to talk with Mr. Gross concerning the fee associated with getting a “Special Use Permit”.

D.  Current Business:

1.   Long Term Agenda: None.

2.   Freeman Township Ordinance No. 2., Draft 2 Review.

a.   After review, it was agreed by all Planning Commission members that the Freeman Township Ordinance No. 2., Draft 2 was acceptable as written.

b.   A motion was made by Mr. Wells, second Mr. Phillips; to accept the Freeman Township Ordinance No. 2., Draft 2 as written and send a letter to the Freeman Township Board to adopt.  Motion Carried.

  Freeman Township Planning And Zoning Commission Meeting Minutes

 .   Freeman Township Ordinance No. 17 Review.

a.   Mr. Maas stated that Township Supervisor Lightfoot had made mention, at the May 2011 township board meeting, that he would like the ordinance concerning the Freeman Township Transfer Site to have something in it that makes it a financially punishable offense to leave trash outside the Transfer Site gate.  Mr. Maas stated that he called Mr. Lightfoot letting him know such financial punishment already existed in Freeman Township Ordinance 17.  Mr. Lightfoot requested that further review would be appreciated.

b.   Copies of Freeman Township Ordinance 17 – “Ordinance For The Abatement And Removal Of Nuisances”, were distributed to review.

c.   After review the following changes were outlined:

i.    The ordinance title changed to “Ordinance For The Freeman Township Refuse Transfer Sites”.

ii.   The first sentence in Section I was removed.

iii.  All references to specific items in Section I were removed and replaced with “household refuse”; also adding specific language that specifies that the Freon be removed from refrigerators and Air Conditioners, and that no hazardous material be allowed.

iv.  Added to Section I that a “Freeman Township Permit” sticker is required and that no building materials allowed.

d.   Mr. Maas stated that an amended Draft 1 of Ordinance 17 will be ready for review at the next Planning Commission meeting.

 E.   New Business: None.

F.   Adjournment: Motion: Phillips, 2nd Wells “To adjourn”.  Motion Carried.  Time 8:02 PM.

 Gary Maas, Secretary

Freeman Township Planning And Zoning Commission Meeting Minutes

Minutes For August 2, 2011

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Stevens, Maas, Blain

Absent: Phillips

A quorum is present.

Others Present: Janie Hoerauf, Pat Humphrey

Comments from the Public: None.

Chairman Blain asked for a motion “To accept the July 5, 2011 minutes as written”: Motion: Wells, 2nd Stevens:  Motion Carried.

Chairman Blain asked that the meeting agenda be reorganized so Ms. Hoerauf could speak prior to the regular meeting.  A motion was made “To accept the August 2, 2011 Planning Meeting Agenda reorganizing it to allow Ms. Hoerauf to speak prior to the regular meeting”.  Motion: Wells, 2nd Stevens:  Motion Carried.

The regular Planning Commission meeting was put on hold to allow Ms. Hoerauf to speak.

Ms. Hoerauf had been invited to the August 2, 2011 meeting to give the Planning Commission members a talk on the Michigan Medical Marijuana law, and field any questions.

The highlights of Ms. Hoerauf’s talk were as follows:

  • Marijuana is illegal under state law for all; however, there are “qualified patients” who obtain a “certification” from a physician and then get a “qualified patient card” from the State of Michigan which allows them to have in possession 12 marijuana plants and/or 2.5 ounces of useable marijuana.
  • There are “qualified caregivers” who get a certification from the State of Michigan and are allowed to provide marijuana to up to five “qualified patients”.  Caregivers can not sell marijuana.
  • All marijuana must be kept in a closed, locked facility.
  • Also, now, there are “dispensaries” and “collective grow operations” that are places where qualified patients and qualified caregivers can go to receive marijuana.  Dispensaries and collective grow operations were not part of the original Michigan Medical Marijuana Law and how communities deal with these are still being determined with numerous court proceedings currently going on.
  • Marijuana is still illegal under Federal Law; the Federal Law position is that the Michigan Medical Marijuana Law is against the Federal Law and any local government in Michigan that allows any distribution of marijuana could be subject to Federal prosecution.
  • Ms. Hoerauf stated that Ms. Ambrozaitis, the Clare County Prosecutor, has recently come out with the position that dispensaries are illegal and that she plans to move forward with action to close the dispensaries operating in Clare County.
  • In summary, Ms. Hoerauf suggested that Freeman Township should have an ordinance to either have a moratorium, or a total ban, on dispensaries and collective grow oper
  • Ms. Hoerauf stated that in some instances local governments that had a total ban ordinance were currently being sued by the ACLU.  Livonia, Michigan is currently being sued by the ACLU.
  • It was discussed by all Planning Commission members present that a total ban ordinance had the potential of being too costly for the township in legal fees; that a moratorium ordinance might be the better way to go if any action was deemed necessary

all the Planning Commission members thanked Ms. Hoerauf for the talk and valuable information which would be very helpful.

Regular Planning Commission Meeting resumed:

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Blain stated that he had discussed the issue of a “Special Use” permit to Mrs. Gross and that he would get with Mr. Gross to discuss further.  In the meantime there would not be any permits issued to them for the construction of any rental type cabins.

B.   Education - General: None.

C.  Zoning Administrator/Blight Officer Report: None.

D.  Current Business:

1.   Long Term Agenda: None.

2.   Freeman Township Ordinance No. 17 Review.

a.   This was put on hold until the next Planning meeting in September.

E.   New Business: None.

F.   Adjournment: Motion: Stevens, 2nd Wells “To adjourn”.  Motion Carried.  Time 8:00 PM.

Gary Maas, Secretary

Minutes For September 6, 2011

 Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Stevens, Maas, Blain, Phillips

Absent: None.

A quorum is present.

Others Present: Harold Logan, Tom Blain

Comments from the Public: Tom Blain stated that a “Justine Mathews” is living in, what used to be, an old hunting cabin at 9205 Monroe, and that he believed she was living there without proper facilities with a baby.  Mr. Logan, the Zoning Administrator, stated that this would be a Health Department issue.  Chairman Blain stated that he would discuss the situation with Mr. Lightfoot, the Freeman Township Supervisor.

Chairman Blain asked for a motion “To accept the August 2, 2011 minutes as written”: Motion: Wells, 2nd Phillips:  Motion Carried.

Chairman Blain asked for a motion “To accept the September 6, 2011 Planning Meeting Agenda.  Motion: Stevens, 2nd Wells:  Motion Carried.

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Blain stated that there were no updates on the issue of a “Special Use” permit to Mrs. Gross and his cabins.

B.   Education - General: None.

C.  Zoning Administrator/Blight Officer Report:

1.   Zoning Administrator Logan stated that he had written five permits this month.

2.   Zoning Administrator Logan further stated that he had received a zoning request from the owners of two one hundred (100) foot wooden poles to replace them with one hundred and ninety (190) foot steel towers at each location.  These locations are:

8559 Cadillac Dr., Property No. 18-009-021-002-66B01, and

490 S. M-115, Property No. 18-009-086-100-03B07.

Both wooden poles are owned by “Global Tower Partners” with antennae on both towers owned by AT&T.

3.   Zoning Administrator Logan stated that there does not appear to be anything in the Zoning Ordinance concerning fall zones in general, and that the fall zone of both the proposed one hundred and ninety (190) foot steel towers would include the highly traveled road of M-115.

4.   It was discussed by all Planning Commission members and unanimously agreed that building towers that could fall into M-115 would not be in the “health, safety and welfare” of the public as stated in the Master Plan.

5.   Zoning Administrator Logan stated that he did find under the Recreational Conservation District (RC), Article 11, Section 11.02.R. of the Zoning Ordinance, fall zones of T.V. and radio towers were limited to the height of the tower. 

6.   It was discussed by all Planning Commission members and unanimously agreed that Article 11, Section 11.02.R. of the Zoning Ordinance would be reviewed and possibly amended to reflect fall zones of one-and-one half (1 ½) times the height of any tower, and this would be added to “Permitted Principle Uses” for all districts.

7.   Mr. Maas stated that Item No. 11, “Review all fall zones for structures” was currently on the Long Term Agenda and could be updated to reflect amending Article 11, Section 11.02.R. of the Zoning Ordinance.

D.  Current Business:

1.   Long Term Agenda:

a.   It was unanimously agreed by all Planning Commission members to update Item No. 11, “Review all fall zones for structures” of the Long Term Agenda to reflect amending Article 11, Section 11.02.R. of the Zoning Ordinance for use in all zoning districts.

2.   Freeman Township Ordinance No. 17 Review.

a.   The amended Freeman Township Ordinance No. 17, Draft 1, was reviewed.

b.   It was unanimously agreed by all Planning Commission members that in SECTION III. PENALTY FOR VIOLATION, the term “misdemeanor” would be changed to “municipal civil infraction”, and in SECTION V., the word “being” would be removed.

c.   A motion was made by Mr. Stevens, second Mr. Wells; to accept the Freeman Township Ordinance No. 17., Draft 1 as written, including the aforementioned changes to Sections III and V, and send a letter sent to the Freeman Township Board to adopt.  Motion Carried.

3.   Medical Marijuana:

a.   Mr. Maas distributed copies of the proposed Freeman Township Medical Marijuana Moratorium Resolution for review that Janie Hoerauf had specifically written for Freeman Township.

b.   A motion was made by Mr. Wells, second Mr. Stevens; to accept the Freeman Township Medical Marijuana Moratorium Resolution as written and send it and a letter to the Freeman Township Board to adopt. Motion Carried.

E.   New Business: None.

F.   Adjournment: Motion: Stevens, 2nd Phillips “To adjourn”.  Motion Carried.  Time 8:03 PM.

 

Gary Maas, Secretary

 

Minutes For October 4, 2011

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Stevens, Maas, Blain, Phillips

Absent: None.

A quorum is present.

Others Present: Harold Logan

Chairman Blain asked for a motion “To accept the September 6, 2011 minutes as written”: Motion: Phillips, 2nd Wells:  Motion Carried.

Chairman Blain asked for a motion “To accept the October 4, 2011 Planning Meeting Agenda.  Motion: Stevens, 2nd Wells:  Motion Carried.

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Blain stated that there were no updates on the issue of a “Special Use” permit to Mrs. Gross and his cabins.

2.   Chairman Blain stated that all the new Freeman Township road work had been completed.  All present said it looked good and packed down very well as planned.  Chairman Blain stated that there would probably be more road work of this kind next year.

B.   Education - General: None.

C.  Zoning Administrator/Blight Officer Report:

1.   Zoning Administrator Logan stated that he had no zoning permits this month.

2.   Zoning Administrator Logan further stated that concerning the tower request to rebuild from one hundred (100) feet to one hundred ninety five (195) feet, AT & T only wants to put up new antenna.  He told Global Tower Partners that if they want to build the new higher towers they will need to submit site plans.

D.  Current Business:

1.   Long Term Agenda: None.

2.   Planning Commission 2012 Budget:

a.   Mr. Maas distributed copies of the proposed 2012 Freeman Township Planning Commission Budget.  Mr. Maas explained that the line item “Special Projects” was removed as having never been used and not on the Freeman Township General Ledger, and that “Legal Services” had been added since this was included in the Freeman Township General Ledger.

b.   A motion was made by Mr. Phillips, 2nd Mr. Wells; “To accept the 2012 Freeman Township Planning Commission Budget as written and send it to the Freeman Township Board.” Motion Carried.

3.   Review The Zoning Ordinance For Tower Fall Zones – Specifically, Article XI, Section 11.02.R.:

a.   Mr. Maas distributed copies of the re-written Article XI, Section 11.02.R. amended to reflect fall zones of one and one half (1 ½) times the height of the tower structure.

b.   Mr. Maas also distributed copies of a newly written Section 4.30 under Article IV. of General Provisions which defines tower structures and reflect fall zones of one and one half (1 ½) times the height of the tower structure.

c.   It was agreed by all Planning Commission members to include language at the end of both the amended Article XI, Section 11.02.R. to read “…total height of the tower structure including any and all attached equipment or hardware”, and the new Article IV, Section 4.30. to read, “…total height of the tower and tower-like structures including any and all attached equipment and hardware.”

d.   It was agreed by all Planning Commission members to include “(Refer to Section 4.30 under Article IV. General Provisions)” at the end of the amended Article XI, Section 11.02.R.

e.   Mr. Maas said he would write up new drafts of both the amended Article XI, Section 11.02.R. and the new Article IV, Section 4.30 for review at the next meeting.

4.   Review Freeman Township Ordinance No. 4 – Littering Ordinance:

a.   Mr. Maas distributed binders which included copies of all current Freeman Township Ordinances at which point Ordinance No. 4 was reviewed.

b.   Along with some grammatical corrections it was agreed by all Planning Commission members to change the violation of Ordinance No. 4 from a “misdemeanor” to a “municipal civil infraction” with a change of fine from one hundred ($100.00) dollars to three hundred and fifty ($350.00) dollars.

c.   Mr. Maas stated that he would have revised Draft 1 for review at the next meeting.

d.   It was also agreed by all Planning Commission members to amend the fine for a violation, in the amended Draft 2 of Freeman Township Ordinance No. 17, from one hundred ($100.00) dollars to three hundred and fifty ($350.00) dollars.

E.   New Business: None.

F.   Adjournment: Motion: Stevens, 2nd Phillips “To adjourn”.  Motion Carried.  Time 7:55 PM.

Gary Maas, Secretary

 

2010

Freeman Township Planning And Zoning Commission Meeting Minutes

 Minutes For April 6, 2010

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Stevens, Maas, Phillips, Blain

Absent: None

A quorum is present.

Guests: Dick Meitz

Citizens in attendance: None

Chairman Blain asked for a motion “To accept the March 2, 2010 minutes as written: Motion: Stevens, 2nd Phillips:  Motion Carried.

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Blain stated that he and Leo Stevens had attended a DNRE seminar on wetlands.  That basically, the DNRE empathized that they still have authority over wetlands, and that the Army Corp of Engineers have authority over navigable water ways.

B.   Education - General: None

C.  Zoning Administrator Report: None

D.  Current Business:

1.   Long Term Agenda:

a.   Mr. Maas stated:

      Item #1; Township Capital Budget Plan, and Item #8; Planning Ordinance as required by the State of Michigan – 2011, has been removed from the Long Term Agenda.

      Item #5; Installation of Planning Members. – April 2010, has been left as is for now.

      Item # 4; Last Yearly Fiscal Meeting Musts – 2009, was changed to       reference 2010.

b.   Mr. Wells and Mr. Stevens stated that is was discussed at the last meeting that “Review all fall zones for structures” should be added to the Long Term Agenda.  All Planning members agreed.

2.   Letter To Township Freeman Board From David J. Dreyer – Township Attorney:

a.   Chairman Blain read the letter from the township attorney, David J. Dreyer 

(Attorney letter start)

Dear Ms. Humphrey:

I have reviewed the proposed Amendments to the Freeman Township Zoning Ordinance.  The proposals are fine and there is no problem with Freeman Township enacting them.  However, I have several small suggestions concerning the original language that the Board may wish to consider prior to publishing the proposed amendments. 

Freeman Township Planning And Zoning Commission Meeting Minutes

  1. 1.      In Section 7.02C I question whether the Township would be able to enforce the provision “provided they are not occupied by persons engaged in agricultural pursuits such as migratory labor.”  Alternative language might be “only one individual mobile home shall be permitted on any private ownership lot or parcel.  Mobile home should be treated the same…”

 

  1. 2.      Sections 8.02B and 11.02B provide that mobile homes shall be treated the same as any other dwelling unit in this ordinance.  I suggest that you may want to change the language to read “mobile homes shall meet all Michigan building codes and shall be treated the same as any other dwelling unit in this ordinance…”

(Attorney letter ended)

 

  1. b.      All the proposed changes were discussed and were unanimously deemed unnecessary at this time.
  2. c.       A motion was made by Mr. Stevens, 2nd Mr. Phillips; “To leave the language in Sections 7.02C, 8.02B and 11.02B of the Zoning Ordinance as is.”  Motion Carried.
  3. d.      Mr. Maas stated that he will write a letter to the Freeman Township Board concerning the Planning Commission’s decision.

 

3.   NFIP:

a.   Mr. Maas distributed the five (5) on-line forms that were referred to Planning Commission by Mr. Les Thomas, DNRE (DEQ) NFIP Coordinator.

b.   It was noticed by all Planning members that the forms are numerous and complex.   It was agreed by all Planning members that the Freeman Township NFIP process would be better served if we could have a DNRE representative come to a Planning meeting to help us.

c.   Chairman Blain stated that he would try and contact such a person for a future meeting

4.   Alternative Energy Sources Ordinance:

a.   Mr. Stevens stated that he had three (3) sample ordinances that the Planning Commission may like to review.

b.   Mr. Maas stated that he had one (1) sample ordinance that the Planning Commission ma 

c.   Mr. Maas stated that he would copy all of the sample Alternative Energy Sources Ordinances for review at the next meeting.

5.   Planning Member(s) Appointments & Swearing In:

a.   Chairman Blain stated that he will bring up the Planning members appointments and subsequent swearing in at the April 8, 2010 Freeman Township Board meeting

F.   Adjournment: Motion: Wells, 2nd Stevens “To adjourn”.  Motion Carried.  Time 8:00 PM.

Gary Maas, Secretary

Minutes For May 4, 2010

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Stevens, Maas, Phillips, Blain

Absent: None

A quorum is present.

Guests: Dick Meitz

Citizens in attendance: Werner Mantei

Chairman Blain asked for a motion “To accept the April 6, 2010 minutes as written: Motion: Stevens, 2nd Wells:  Motion Carried.

Chairman Blain asked for a motion “To accept the May 4, 2010 Planning Meeting Agenda as written: Motion: Phillips, 2nd Stevens:  Motion Carried.

The meeting was temporarily suspended so Pat Humphrey could deliver the Planning Commission Oath of Office to all members.

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Blain stated that we need to look into how many Mobile Homes are allowed on a lot or parcel.  It was brought up by Mr. Meitz that this was clearly defined in the Zoning Ordinance under Section 4.06 and 4.12.  All members agreed that these sections were sufficient to cover the issue.

B.   Education - General: Chairman Blain circulated a pamphlet about a seminar in Lansing called, “2010 Appointed and Elected Officials Institute”.  All the members stated they had received the pamphlet and all stated they would not be going.

C.  Zoning Administrator Report: None.

D.  Current Business:

1.   Long Term Agenda: None.

2.   NFIP:

a.   Chairman Blain stated that he was still waiting to hear from Ms. Brooks (NFIP Coordinator with the DNRE) to arrange a date for her to come to a Planning Meeting to help fill out the NFIP forms.

3.   Alternate Energy Sources Ordinance:

a.   Mr. Maas distributed four sample “Wind Energy Ordinances” from various Michigan townships.

b.   All members briefly skimmed the sample ordinances and agreed they needed to be taken home and read to be discussed further at the next meeting.

c.   Chairman Blain stated that he will make copies of the information contained in the materials on alternate energy sources from the seminar he recently went to; to be distributed at the next meeting.  This material will contain information on solar cells and wood burner boiler heaters, as well as, wind energy.

E.   New Business: None.

F.   Adjournment: Motion: Phillips, 2nd Stevens “To adjourn”.  Motion Carried.  Time 7:55 PM.

Gary Maas, Secretary

Freeman Township Planning And Zoning Commission Meeting Minutes

 

Minutes For June 1, 2010

 

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Stevens, Maas, Phillips, Blain

Absent: None

A quorum is present.

Guests: Dick Meitz

Citizens in attendance:

Chairman Blain asked for a motion “To accept the May 4, 2010 minutes as written: Motion: Stevens, 2nd Phillips:  Motion Carried.

Chairman Blain asked for a motion “To accept the June 1, 2010 Planning Meeting Agenda as written: Motion: Phillips, 2nd Stevens:  Motion Carried.

 

Meeting Business Activities:

      A.  Chairman’s Comments: None

B.   Education - General: None

C.  Zoning Administrator Report:

1.   Mr. Meitz informed all Planning Commission Members that he was resigning as Zoning Administrator affective June 14, 2010.

2.   Chairman Blain stated that he would be the interim Zoning Administrator until another could be hired.

D.  Current Business:

1.   Long Term Agenda:

a.   Mr. Phillips referred to a recent news article concerning an ORV park in Hatton Township and the difficulties they are facing dealing with such a situation.  Mr. Phillips stated that the Planning Commission might check into the Master Plan and/or the Zoning Ordinance to insure that such difficulties might be avoided here in Freeman Township.  A motion was made by Mr. Phillips to add this to the Long Term Agenda, 2nd Mr. Stevens, motion carried.

b.   Mr. Stevens stated that the Planning Commission should look into having a “leash law” for all domestic animals.  A motion was made by Mr. Maas to add this to the Long Term Agenda, 2nd Mr. Stevens, motion carried.

c.   Mr. Maas stated that the Planning Commission should look into updating the Master Plan to reflect references, aesthetic or tangible, concerning wind energy equipment.  A motion was made by Mr. Maas to add this to Item 10 on the Long Term Agenda, 2nd Stevens, motion carried.

2.   NFIP:

a.   Chairman Blain stated that he was still waiting to hear from Ms. Brooks (NFIP Coordinator with the DNRE) to arrange a date for her to come to a Planning Meeting to help fill out the NFIP forms.

3.   Alternate Wind Energy Ordinance:

a.   All Planning Commission Members started going through the sample Wind Energy Ordinances and agreed to use the one from Grand Haven as a starting point and to add and subtract from that one.

 

 

b.   It was agreed by all the Planning Commission Members to use the Grand Haven Wind Energy Ordinance definitions as written with the exception of Item F. General Common Element; in this case the Condominium definition from the Freeman Township Zoning Ordinance would be used.

c.   It was decided that various Planning Commission Members would work on rewording Sections 2 – 6 of the Grand Haven sample Wind Energy Ordinance to be pertinent for Freeman Township.

E.   New Business:

1.   Mr. Maas handed out newly updated copies of the Freeman Township Zoning Ordinance to all Planning Commission Members and Mr. Meitz; and said the old copies should be destroyed.

 

F.   Adjournment: Motion: Phillips, 2nd Stevens “To adjourn”.  Motion Carried.  Time 8:05 PM.

 

Gary Maas, Secretary

 

 

 

 

 

 

 

 

 

 

b.   It was agreed by all the Planning Commission Members to use the Grand Haven Wind Energy Ordinance definitions as written with the exception of Item F. General Common Element; in this case the Condominium definition from the Freeman Township Zoning Ordinance would be used.

c.   It was decided that various Planning Commission Members would work on rewording Sections 2 – 6 of the Grand Haven sample Wind Energy Ordinance to be pertinent for Freeman Township.

E.   New Business:

1.   Mr. Maas handed out newly updated copies of the Freeman Township Zoning Ordinance to all Planning Commission Members and Mr. Meitz; and said the old copies should be destroyed.

 

F.   Adjournment: Motion: Phillips, 2nd Stevens “To adjourn”.  Motion Carried.  Time 8:05 PM.

 

Gary Maas, Secretary

Freeman Township Planning And Zoning Commission Meeting Minutes

 

Minutes For August 2, 2010

 

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Stevens, Maas, Phillips, Blain

Absent: None

A quorum is present.

Guests: Pat Humphrey, Harold Logan

Citizens in attendance: Dick Meitz, Leon Green

Chairman Blain asked for a motion “To accept the July 6, 2010 minutes as written: Motion: Stevens, 2nd Phillips:  Motion Carried.

Chairman Blain asked for a motion “To accept the August 2, 2010 Planning Meeting Agenda as written: Motion: Wells, 2nd Stevens:  Motion Carried.

 

The regular meeting was temporarily suspended so Pat Humphrey could introduce Harold Logan, adding that Mr. Logan is the current candidate for the open position of Zoning Administrator.

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Blain stated that he had received the new revised NFIP flood plain maps and will pass all the materials and DVD’s along to Mr. Maas for review.

2.   Chairman Blain stated that he is still not able to contact Ms. Joy Brooks from the DNRE to assist the Planning Commission with the NFIP forms, and will try contacting Les Thomas the Michigan NFIP director.

B.   Education - General: None

C.  Zoning Administrator Report:

1.   Zoning Administrator Blain reported he had one permit this last month.

2.   Zoning Administrator Blain stated that he is going to try a get a copy of a Lincoln Township ordinance, that he would like the Freeman Township Planning Commission to review, that allows for the building of sheds near water in the case of steep hillside lots.

D.  Current Business:

1.   Long Term Agenda:

a.   Mr. Stevens stated that there could be a problem having a “Leash Law” ordinance.  Mr. Stevens said he had talked with a Clare County Animal Control Officer concerning enacting a “Leash Law” ordinance.  According to the Clare County Animal Control Officer once the township has a Leash Law Ordinance animal control can not be the enforcing entity.  Mr. Stevens said he will look into this further.

2.   NFIP: None

3.   Alternate Wind Energy Ordinance:

a.   Upon reviewing Section 7.1. of the Grand Haven sample Alternate Wind Energy Ordinance to reflect the future Freeman Township Alternate Wind Energy Ordinance it was decided by all Planning Commission members that the following language should be added to the end of Section 7.1.B.; “…and adjoining neighboring property owners will not be jeopardized.”

 

b.   It was further determined by all Planning Commission members that Section 7.1.C. will need to be cross-referenced with the Freeman Township Noise Ordinance.

c.   It was further determined by all Planning Commission members that Section 7.1.G. & I. shall have the reference to the “one hundred fifty (150) feet” setback removed and be replaced with language reflecting a setback of “one and one half (1 1/2) times the total height of the STMWET”.

 

E.   New Business: None

 

F.   Adjournment: Motion: Phillips, 2nd Wells “To adjourn”.  Motion Carried.  Time 8:10 PM.

 

Gary Maas, Secretary

Freeman Township Planning And Zoning Commission Meeting Minutes

 

Minutes For September 7, 2010

 

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Stevens, Maas, Phillips, Blain

Absent: None

A quorum is present.

Guests Present: Harold Logan and Dick Meitz

 

Chairman Blain asked for a motion “To accept the August 2, 2010 minutes as written: Motion: Stevens, 2nd Wells:  Motion Carried.

Chairman Blain asked for a motion “To accept the September 7, 2010 Planning Meeting Agenda as written with the exception to work on the NFIP exclusively and not the Alternate Wind Energy Ordinance: Motion: Wells, 2nd Phillips:  Motion Carried.

 

Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Blain stated that he had talked with Les Thomas from the DNRE and believed he now had enough information to start filling out the NFIP paperwork, and that Les Thomas had resent the NFIP forms.

B.   Education - General: Everyone had received a copy of the mailing detailing the 2010 Michigan Planning Conference to be held in Detroit.  Everyone said they would not be attending.

C.  Zoning Administrator Report:

1.   Zoning Administrator Logan reported he had five permits this last month.

D.  Current Business:

1.   Long Term Agenda: None

2.   Alternate Wind Energy Ordinance: Put on hold.

3.   NFIP:

a.   All Planning Commission members were given copies of all four NFIP forms.

b.   All Planning Commission members started discussing and filling in the “Application For Participation In The Flood Insurance Program” form.  There were questions as to how to estimate floodplain acres, population, and no. of 1-4 family structures as the floodplain maps are not very detailed.  Chairman Blain said he would contact Les Thomas on this and report back.

c.   All Planning Commission members started discussing and filling in the “Ordinance Addressing Floodplain Management Provisions Of The State Construction Code” form.  This form was fairly easy as Les Thomas had included a previously prepared Section 3 which outlined necessary floodplain panel numbers and dates.

d.   All Planning Commission members started discussing and filling in the “Michigan Community Resolution Of Intent For Participating In The National Flood Insurance Program” form, and the “Community Resolution To Manage Floodplain Development For The National Flood Insurance Program” form.  A question arose as to who, or what, will be the designated enforcing agency.  Chairman Blain said he would contact Les Thomas on this and report back.

 

 

e.   Mr. Stevens asked what happens to current floodplain boundaries that are in existence when the NFIP ordinance goes into effect.  Chairman Blain said he would contact Les Thomas on this and report back.

 

 

E.   New Business: None

 

F.   Adjournment: Motion: Stevens, 2nd Phillips “To adjourn”.  Motion Carried.  Time 8:10 PM.

 

Gary Maas, Secretary

 

 

 

 

 

 

 

 

 

 

 

 

e.   Mr. Stevens asked what happens to current floodplain boundaries that are in existence when the NFIP ordinance goes into effect.  Chairman Blain said he would contact Les Thomas on this and report back.

 

 

E.   New Business: None

 

F.   Adjournment: Motion: Stevens, 2nd Phillips “To adjourn”.  Motion Carried.  Time 8:10 PM.

 

Gary Maas, Secretary

 Freeman Township Planning And Zoning Commission Meeting Minutes

Minutes For October 5, 2010

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Stevens, Maas, Blain

Absent: Phillips

A quorum is present.

Others Present: Harold Logan

Chairman Blain asked for a motion "To accept the September 7, 2010 minutes as written: Motion: Stevens, 2nd Wells: Motion Carried.

Chairman Blain asked for a motion "To accept the October 5, 2010 Planning Meeting Agenda as written: Motion: Wells, 2nd Stevens: Motion Carried.

Meeting Business Activities:

A. Chairman's Comments:

1. Chairman Blain stated that Joy Brooks, the DNRE NFIP coordinator, will be at the MTA meeting in Harrison, MI on October 18 at 7:30 PM. Chairman Blain stated that he will be attending this meeting to get further information in filling out the NFIP forms; all Planning Commission members who wish to attend are welcome.

2. Chairman Blain also reminded everyone that the next meeting will be on Monday, November 1, 2010 due to elections on Tuesday.

B. Education - General: None.

C. Zoning Administrator Report:

1. Zoning Administrator Logan reported he had five permits this last month.

D. Current Business:

1. Long Term Agenda:

a. Mr. Maas stated that the summary of changes at the bottom of the Long Term Agenda goes back to 2007 and wished to eliminate it from the page as not being necessary. A motion was made by Mr. Stevens, 2nd Wells; "To eliminate from 04-03-2007 through 04-01-2008 from the summary of changes on the Long Term Agenda. Motion Carried.

b. Mr. Stevens stated that he had talked with the Clare County Animal Control Officer about having a leash law in Freeman Township. Mr. Stevens said the officer told him that by Freeman Township having it's own leash law this could hinder the effectiveness of Clare County's involvement. Mr. Stevens made a motion, 2nd Wells, to eliminate Item #14 "Leash Law For All Domestic Animals" from the Long Term Agenda. Motion Carried.

c. Chairman Blain stated that the Planning Commission should be looking at all previous ordinances for general review and upgrade. A motion was made by Mr. Wells, 2nd Stevens, to add "Review and Upgrade all Previous Freeman Township Ordinances" to the Long Term Agenda. Motion Carried.

2. Alternate Wind Energy Ordinance: Put on hold.

3. NFIP: Put on hold until the October 18, 2010 Harrison, MI MTA meeting.

Page 1 of 2

Page 2 of 2

Freeman Township Planning And Zoning Commission Meeting Minutes

Minutes For October 5, 2010 continued

E. New Business:

1. 2011 Planning Commission Budget.

a. Mr. Maas distributed the draft of the 2011 Planning Commission Budget to all Planning Commission members present.

b. It was determined by all Planning Commission members present that the budget was satisfactory as written.

c. A motion was made by Mr. Stevens, 2nd Wells, "To adopt the 2011 Planning Commission Budget as written". Motion Carried.

d. Mr. Wells left a copy of the 2011 Planning Commission Budget on Pat Humphrey's desk.

F. Adjournment: Motion: Stevens, 2nd Wells "To adjourn". Motion Carried. Time 7:40 PM.

Gary Maas, Secretary

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Stevens, Phillips, Maas, Blain

Absent: None

A quorum is present.

Others Present: Harold Logan

Chairman Blain asked for a motion “To accept the October 5, 2010 minutes as written: Motion: Stevens, 2nd Wells:  Motion Carried.

Chairman Blain asked for a motion “To accept the November 1, 2010 Planning Meeting Agenda as written: Motion: Stevens, 2nd Phillips:  Motion Carried.

 

Meeting Business Activities:

 

      A.  Chairman’s Comments:

1.   Chairman Blain stated that he and Mr. Maas went to October 18, 2010 MTA meeting in Harrison.  Joy Brooks, DNRE NFIP engineer, was there and that they were able to get most of the questions about the NFIP forms answered.

2.   Chairman Blain stated that he will be writing up a letter of the Planning Commission’s 2010 accomplishments for presentation at the next meeting of the Freeman Township Board.

B.   Education - General:

1.   Mr. Wells stated that the most recent MTA magazine was particularly informative as it had an article on out-of-doors wood burning heaters and trash burning.

2.   Mr. Blain handed out a postcard advertising the 24th Annual MSFA Conference held in Dearborn, Michigan.  All stated that they would not be attending.

C.  Zoning Administrator Report:

1.   Zoning Administrator Logan reported he had one permit this last month.  And since his installment as Blight Officer he is working on eight blight complaints.

D.  Current Business:

1.   Long Term Agenda: None.

2.   Alternate Wind Energy Ordinance: Put on hold.

3.   NFIP:

a.   Mr. Maas stated that as per Joy Brooks instructions he had sent all four (4) of the preliminary NFIP forms and ordinance to Les Thomas, the DNRE NFIP director, for his corrections and comments.  No word has come back as yet.

b.   It was agreed by all Planning Commission members that Mr. Maas would write a letter to the Freeman Township Board requesting permission to hold a “Special Planning Commission Meeting”, if necessary, to finish any work on the NFIP forms and ordinance.

 

E.   New Business:

1.   Elections:

a.   Mr. Wells made a motion, Mr. Stevens 2nd, that Mr. Blain remain Chairman, Mr. Phillips remain Vice-Chairman and Mr. Maas remain Secretary for 2011.  All three Planning Commission members accepted the “nominations” as stated.  The vote was carried unanimously.

2.   2011 Planning Commission Meeting Dates:

a.   It was agreed by all Planning Commission members that the 2011 Planning Commission meeting dates will be as follows:

March 1, 2011

April 5, 2011

May 3, 2011

June 7, 2011

July 5, 2011

August 2, 2011

 Sept. 6, 2011

October 4, 2011

November 1, 2011

 

b.   It was agreed by all Planning Commission members that if there was any election date conflicting with any of these dates the Planning Commission meeting would be held on the Monday before.

 

F.   Adjournment: Motion: Wells, 2nd Stevens “To adjourn”.  Motion Carried.  Time 7:45 PM.

Gary Maas, Secretary

2009

Minutes of March 3, 2009

 Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Blain, Wells, Stevens, Maas

Absent: Phillips

A quorum is present.

            Guests: Dick Meitz

Citizens in attendance: None

Chairman Blain asked for a motion to accept the Meeting’s Agenda: Motion: Wells, 2nd Stevens, “To accept the meeting’s agenda”.  Motion carried.

Chairman Blain asked for a motion to accept the Meeting’s Minutes: Motion: Wells, 2nd Stevens, “To accept the November 3, 2008 minutes as written”.  Motion carried.

 Meeting Business Activities:

      A.  Chairman’s comments:

1.   Chairman Blain thanked everyone for his election to chairman, and please feel free to bring up any item at any time.

B.   Education Chairman’s Report: None

1.   Education: No one will be able to attend the half-day “Introduction to Planning and Zoning” workshop March 25.

C.  Zoning Advisors Report: None

D.  Current Business:

1.   Long Term Agenda:

a.   Chairman Blain discussed the two items recently added to the Long Term Agenda; 1) Doubling the permit fees when work was started before permit fee was secured, and 2) Zoning violations becoming Civil Infractions.

b.   It was decided by all that the wording “If no permit has been secured prior to work beginning the permit fee, for said work, shall be doubled”, will be added to Section 14.04, A., of the Freeman Township Zoning Ordinance.

c.   It was decided by all that “Zoning violations becoming Civil Infractions” would be discussed at a later meeting; but was not tabled.

E.   Private Road Ordinance:

1.   Mr. Maas reviewed that the Private Road Ordinance has been approved by the Freeman Township Board and is awaiting Public Hearing.

F.   Mobile Home Restrictions:

1.   Mr. Stevens reviewed a copy of the Summerfield Township amended ordinance for Mobile Homes and said it was very restrictive.

2.   It was discussed that we should probably have Mobile Home widths be 16 feet, and change from HUD regulations to BOCA regulations.

3.   Chairman Blain will find out when 14 foot wide Mobile Homes stopped being built.

4.   Mr. Wells stated that we should look into what Freeman Township zoning restrictions and/or regulations are involved if a Mobile Home is moved within the township.

G.  New Business: It was decided that two new copies of “Michigan Laws Pertaining To Zoning” should be reserved for future purchase; one for the Planning Commission and one for the Freeman Township Board.

J.   Adjournment: Motion: Wells, 2nd Stevens “To adjourn”.  Motion carried.  Time 7:53 PM.

Gary Maas, Secretary

Minutes of April 7, 2009

 Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Blain, Wells, Stevens, Maas, Phillips

Absent: None

A quorum is present.

            Guests: Dick Meitz

Citizens in attendance: Roy Osterhout

Chairman Blain asked for a motion “To accept the March 3, 2009 minutes as written”: Motion: Wells, 2nd Stevens:  Motion Carried.

It was decided by all Planning Commission members that it was not necessary to have a vote for the acceptance of any current or future Planning Commission meeting agendas.

 Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Blain discussed moving the Planning Commission meetings to the same week as the Freeman Township Board meetings.

a.   Mr. Wells informed all that this would be rough on the Township Clerk with respect to preparing the payroll checks in time for the board meeting.

b.   It was decided for the time being that any date changes would not be done.

B.   Education Chairman’s Report: None

1.   Education: It was decided by all the Planning Commission members that it was not necessary to have an “Education Chairman” for the Planning Commission.  That from now on there would only be “Education - General” on future agendas.

2.   Mr. Maas stated that he had completed the Michigan State Extension seven (7) week course on Planning and Zoning.  Mr. Maas stated that it was very good and that all should attend if they ever get the chance.

3.   Mr. Maas stated that Chairman Blain now has the new published revised copy of “Michigan Laws Relating To Planning”.

C.  Zoning Administrator Report: None

D.  Current Business:

1.   Long Term Agenda: None

E.   Private Road Ordinance:

1.   Mr. Wells informed all Planning Commission members that the notice of Public Hearing for the Private Road Ordinance had not been placed in the newspaper for the April board meeting, but should be placed for the May board meeting.

F.   The rough draft that shows the change to Zoning Ordinance Section 14.04. A. for the “Doubling of permit fees after the work had been started” was distributed for all to read.

1.   Chairman Blain asked for a motion to accept the revised version of Zoning Ordinance Section 14.04. A. to read as follows: (Changes in italics)

 Section 14.04.  ZONING COMPLIANCE PERMITS AND BUILDING PERMITS. 

A. No dwelling, building or structure subject to the provisions of this Ordinance shall be erected, altered, enlarged or moved upon a premise from another premise until; (1) a Zoning Compliance permit has been issued by the Zoning Administrator; if no permit has been secured prior to work beginning the permit fee, for said work, shall be doubled, and (2) a building permit, therefore, has been issued by the Building Inspector in conformity with the provisions of this Ordinance and the State code.

All commercial buildings must also have State site plan review and approval. Such permit is non-transferable and must be granted before any work of excavation, construction, alteration, enlargement or movement is begun. All such Building Permits shall be posted in a prominent place on the premises prior to and during the period of construction, alteration, enlargement or movement.    

  Motion: Stevens, 2nd Phillips, Motion Carried.

 2.   A copy of the revised Zoning Ordinance Section 14.04. A. will be forwarded to the Freeman Township Board with an accompanying letter of explanation by Chairman Blain at the April 9, 2009 Freeman Township Board meeting.

G.  Mobile Home Restrictions:

1.   Mr. Stevens distributed and reviewed a copy of the Summerfield Township amended ordinance for Mobile Homes and said it was very restrictive and also seemed to have some inconsistencies.

2.   It was discussed that we would like to see some sort of age restriction set up for the purposes of health, safety and welfare but currently only have a square foot restriction.

3.   It was discussed that newly placed Mobile Homes should meet all current Freeman Township building codes.  That this should necessitate Mobile Homes being newer and safer.

4.   Mr. Maas stated that all should read the Freeman Township Zoning Ordinance for all the regulations involving Mobile Homes to find out for sure what needs, or does not need, to be changed.  It was agreed by all Planning Commission members that everyone would review the Freeman Township Zoning Ordinance for Mobile Home restrictions and report back at the next meeting.

5.   Mr. Stevens said he will call Summerfield Township to see if they have had any challenges to their newly adopted ordinance addendum in reference to Mobile Homes.

H.  Adjournment: Motion: Blain, 2nd Phillips “To adjourn”.  Motion Carried.  Time 8:08 PM.

Gary Maas, Secretary

Minutes of June 2, 2009

 Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Blain, Wells, Stevens, Maas, Phillips

Absent: None

A quorum is present.

            Guests: Dick Meitz

Citizens in attendance: None

Chairman Blain asked for a motion “To accept the May 5, 2009 minutes as written: Motion: Stevens, 2nd Wells:  Motion Carried.

 Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Blain stated that he had talked with the Clare County Building Inspector concerning Mobile Home skirting.  He would cover this further during Current Business.

2.   Chairman Blain stated that he would get a copy of the 2009 Planning and Zoning Commission budget from Freeman Township Clerk Pat Humphrey for use in formulating the Planning and Zoning Commission 2010 budget.  He would like any and all input on future expenses.

3.   Chairman Blain asked Mr. Maas if he had received the model for the Planning Ordinance from MTA yet.  Mr. Maas said he had not.

B.   Education - General:

1.   Two mailings about seminars were received by Planning and Zoning Commission members; one concerning “Undesirable Land Use” and one about an “Advanced Planning Academy”.  No one said they would be going to either of these.

C.  Zoning Administrator Report: None

D.  Current Business:

1.   Long Term Agenda:

a.   It was discussed that “Garage and Yard Sale Ordinance” would be dropped from the Long Term Agenda.

b.   Chairman Blain inquired about the “Township Hall Expansion – Subcommittee” on the Long Term Agenda and if there was any update.  Mr. Maas gave a quick update that nothing had happened with the committee since last summer; that Mr. J. Burger was the committee chairman and no one has replaced him as yet.

c.   It was agreed by all Planning and Zoning Commission members that “Township Hall Expansion – Subcommittee” and “Campers Used For Storage” would stay on the Long Term Agenda for now.

2.   Mobile Home Restrictions:

a.   Chairman Blain said he had talked with Clare County Building Inspector concerning a need for a definition for Mobile Home “skirting”.  Chairman Blain stated that the Clare County Building Inspector gave the following definition; “Materials designed for proper application for Mobile Home skirting”.

b.   It was discussed that Sections 7.02.C., and 8.02.B. of the Zoning Ordinance should be amended to include the language, “with materials designed for proper application for Mobile Home skirting” in the last sentence.

c.   It was discussed that Sections 11.02.B., and 12.02.A.4. of the Zoning Ordinance have a reference requiring a “rat wall”.  It was agreed by all Planning and Zoning Commission members to remove the language “have a rat wall and” from Sections 11.02.B., and 12.02.A.4. of the Zoning Ordinance and be amended to include the language, “with materials designed for proper application for Mobile Home skirting” in the last sentence.

d.   The last sentence of Sections 7.02.C., 8.02.B., 11.02.B., and 12.02.A.4. of the Zoning Ordinance are to read as follows:

Where the added language is in italics.

All mobile homes shall be appropriately skirted with materials designed for proper application for Mobile Home skirting within six (6) months after being located on the lot.

e.   Mr. Maas said he would have revised copies of all four sections for the next meeting.

f.    Chairman Blain said he would check with the Clare County Building Inspector concerning the reference to HUD building requirements in the Definitions Sections under Manufactured Homes.  The HUD building requirements reference might be replace with BOCA building requirements.

E.   New Business:

1.   Mr. Maas handed out re-written copies of the Zoning Ordinance for all Planning And Zoning Commission members to proof read.

F.   Adjournment: Motion: Stevens, 2nd Wells “To adjourn”.  Motion Carried.  Time 7:55 PM.

Gary Maas, Secretary

Minutes of July 7, 2009

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Blain, Wells, Stevens, Maas, Phillips

Absent: None

A quorum is present.

Guests: Dick Meitz and Jim Munsel (Newly Appointed Deputy Freeman Township Supervisor)

Citizens in attendance: None

Chairman Blain asked for a motion “To accept the June 2, 2009 minutes as written: Motion: Stevens, 2nd Wells:  Motion Carried.

 Meeting Business Activities:

      A.  Chairman’s Comments:

1.   Chairman Blain stated that he had talked with the Clare County Building Inspector concerning HUD versus BOCA building regulations for manufactured homes.  According to the Clare County Building Inspector the HUD regulations are used for new “pre-manufactured” type homes and BOCA regulations are used for “modifications and /or alterations” to these types of homes.

B.   Education - General: None

C.  Zoning Administrator Report:

1.   Mr. Meitz had several inquiries concerning the Zoning Ordinance:

a.   In Section 4.11; does the sentence segment “specific requirements of the particular district” need to be there?  It was determined by all Planning Commission members that this phrasing is germane to the Section 4.11 paragraph and shall remain at this time.

b.   In the “Definitions” Section under “Double Frontage Lot” if there was enough explanation to clearly determine in which direction one would get their address?  It was agreed by all Planning Commission members that the definition given was clear enough at this time and that Consumers Power would ultimately be giving out the address.

c.   In Section 13; the Light Industrial minimum area size might also be included in Table 1.  All Planning Commission members agreed that having the minimum area in Section 13 was sufficient and there was no need to be also included in Table 1 at this time.

D.  Current Business:

1.   Long Term Agenda: None

2.   Mobile Home Restrictions:

a.   All Planning Commission members agreed that the changes made to Sections 7.02.C., 8.02.B., 11.02.B., and 12.02.A.4. of the Zoning Ordinance were fine as written and will be submitted to the Freeman Township Board at the end of the Planning Commission year.

3.   Only one type-o was indicated by Mr. Meitz on the re-written copy of the Zoning Ordinance.

E.   New Business:

1.   Mr. Maas handed out two copies of Sample Planning Ordinance(s) from MTA for all to review.

 F.   Adjournment: Motion: Phillips, 2nd Stevens “To adjourn”.  Motion Carried.  Time 7:55 PM.

 Gary Maas, Secretary

Minutes of August 4, 2009

Vice-Chairman Phillips called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Stevens, Maas, Phillips

Absent: Blain

A quorum is present.

Guests: Dick Meitz

Citizens in attendance: None

Vice-Chairman Phillips asked for a motion “To accept the July 7, 2009 minutes as written: Motion: Wells, 2nd Stevens:  Motion Carried.

Meeting Business Activities:

A.  Chairman’s Comments:

1.   Vice-Chairman Phillips stated that he had talked with a member of the public concerning driveways for “double lot(s)”, or “corner lot(s)”, in respect as to where and/or how, a driveway should by placed and if a culvert would be necessary.

a.   Mr. Meitz stated that the person would need a driveway permit/culvert permit and that whether a culvert was necessary would be up to the Clare County Road Commission.

B.   Education - General: None

C.  Zoning Administrator Report: None

D.  Current Business:

1.   Long Term Agenda:

a.   It was agreed by all Planning Commission members present that we were finished with the item “Mobile Home Restrictions” and it should be taken off the Long Term Agenda.

2.   Re-Written Zoning Ordinance:

a.   No new corrections were brought up.

3.   Sample Planning Ordinance(s) From MTA:

a.   All Planning Commission members present agreed that the Sample A version of the Sample Planning Ordinance would be the correct one to use.

b.   All Planning Commission members present went through the Sample A version of the Sample Planning Ordinance and agreed on what was correct for the purposes of the Freeman Township Planning Commission.

c.   All Planning Commission members present agreed that the Sample A version of the Sample Planning Ordinance is to be re-written by the secretary with the outlined corrections and redistributed at the next meeting.

4.   Possibly Adding “Mobile Home(s)’ to Manufactured Homes Definition:

 a.  All Planning Commission members present agreed that it is not necessary at this time to change the wording of the ‘Manufactured Homes” definition to include “Mobile Homes”.

E.   New Business: None

F.   Adjournment: Motion: Stevens, 2nd Wells “To adjourn”.  Motion Carried.  Time 7:55 PM.

Gary Maas, Secretary

Minutes of September 1, 2009

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Stevens, Maas, Phillips, Blain

Absent: None

A quorum is present.

Guests: Dick Meitz

Citizens in attendance: None

Chairman Blain asked for a motion “To accept the August 4, 2009 minutes as written: Motion: Stevens, 2nd Phillips:  Motion Carried.

Meeting Business Activities:

A.  Chairman’s Comments:

1.   Chairman Blain thanked Mr. Phillips for filling in for him while he was on vacation.

B.   Education - General:

1.   Mr. Maas stated that he had received information about the upcoming five day 2009 Michigan Association of Planning Conference.   All Planning Commission members said they would not be going.

C.  Zoning Administrator Report:

1.   Mr. Phillips asked Mr. Meitz if he knew if someone could occupy a dwelling without a certificate of occupancy.  Mr. Meitz stated that as far as he knew, in the eyes of the county, someone could generally occupy a dwelling without a certificate of occupancy as long as there were no children involved.

D.  Current Business:

1.   Long Term Agenda:

a.   It was agreed by all Planning Commission members that; 1.) NFIP (National Flood Insurance Program) Ordinance, and 2.) Wind Energy Ordinance, would be added to the Long Term Agenda.

2.   Sample Planning Ordinance From MTA:

a.   All Planning Commission members read through the sample Planning Commission Ordinance that had the MTA comments removed and Freeman Township identified.

i.    In Section 3: Appointments and Terms; the statement: “…except that one planning commission member may be an individual who is not a qualified elector of the township.”, is to be removed.

ii.   In Section 10: Authority to Make Master Plan; the language “and shall be reviewed every five (5) years.”, is to be added at the end of the first sentence.

iii.  With these corrections made the draft Planning Ordinance is to be reviewed at the next Planning Commission meeting.

E.   New Business:

1.   Chairman Blain said that the Planning Commission should review the 2010 Budget at the next meeting.

F.   Adjournment: Motion: Phillips, 2nd Stevens “To adjourn”.  Motion Carried.  Time 8:08 PM.

Gary Maas, Secretary

Minutes of October 6, 2009

Chairman Blain called the meeting to order at 7:00 PM.

Commission Members Present: Wells, Stevens, Maas, Phillips, Blain

Absent: None

A quorum is present.

Guests: None

Citizens in attendance: None

Chairman Blain asked for a motion “To accept the September 1, 2009 minutes as written: Motion: Stevens, 2nd Wells:  Motion Carried.

Meeting Business Activities:

A.  Chairman’s Comments:

1.   Chairman Blain stated that the Planning Commission should consider adding “Outside Alternative Heating / Wood Burners” to the Long Term Agenda.

2.   Chairman Blain stated that he had reviewed the National Flood Insurance Program (NFIP) literature from the Freeman Township Board and that the Planning Commission should consider getting into the formation of the required ordinance as a first priority in 2010.

B.   Education - General:

1.   Chairman Blain said he had received information about a class on “Adaptive Reuses” put on by MSU.  All commission members stated they won’t be attending.

C.  Zoning Administrator Report: None

D.  Current Business:

1.   Long Term Agenda:

a.   It was agreed by all Planning Commission members that “Planning Ordinance As Required By The State Of Michigan – 2011” should be taken off the Long Term Agenda as the ordinance was finished and will be submitted to the Freeman Township Board.

b.   It was agreed by all Planning Commission members that “Outside Alternative Heating / Wood Burners” should be added to the Long Term Agenda.

c.   Mr. Stevens stated that he can get a lot of valuable information about Wind Energy ordinance research from a source in Oakland County.

2.   Sample Planning Ordinance From MTA:

a.   A motion was made by Mr. Stevens, 2nd by Mr. Wells, to accept the “Ordinance To Confirm The Establishment Of A Freeman Township Planning Commission With Zoning Authority”, dated 9-1-2009, as written, and a copy of the ordinance and accompanying introductory letter be forwarded to the Freeman Township Board for review and approval.  Motion Carried.

b.   Mr. Maas stated that he will try and have an introductory letter and ordinance copy to the Freeman Township Board for their October 8, 2009 meeting.

3.   2010 Budget:

a.   A motion was made by Mr. Blain, 2nd by Mr. Phillips, to accept the 2010 Budget, dated 10-6-2009, as written, and a copy of the 2010 Budget be forwarded to the Freeman Township Board for review and approval.  Motion Carried.

b.   Mr. Maas stated that he will try and have the 2010 Budget copy to the Freeman Township Board for their October 8, 2009 meeting.

E.   New Business:

1.   Chairman Blain asked Mr. Maas if he would inquire with Pat Humphrey about the timing of Planning Commission members appointments, as it is on the Long Term Agenda for 2010.

2.   Chairman Blain gave a list of the 2010 Planning Commission meeting dates to Mr. Maas to forward to Pat Humphrey for publication.  The meeting dates for August 3, 2010 and November 2, 2010 will need to be cleared with the Township Clerk as these dates may have elections the same day.  It was agreed by all Planning Commission members that if there was an election day conflict that the affected meeting would be moved to the Wednesday immediately after.

F.   Adjournment: Motion: Stevens, 2nd Phillips “To adjourn”.  Motion Carried.  Time 7:50 PM.

Gary Maas, Secretary

Minutes of November 3, 2009

Chairman Blain called the meeting to order at 7:02 PM.

Commission Members Present: Wells, Stevens, Maas, Phillips, Blain

Absent: None

A quorum is present.

Guests: None

Citizens in attendance: None

Chairman Blain asked for a motion “To accept the October 6, 2009 minutes as written: Motion: Stevens, 2nd Wells:  Motion Carried.

Meeting Business Activities:

A.  Chairman’s Comments:

1.   Chairman Blain emphasized that the Planning Commission should consider getting right into the formation of the required ordinance for the National Flood Insurance Program (NFIP) as a first priority in 2010.

B.   Education - General: None

C.  Zoning Administrator Report: None

D.  Current Business:

1.   Long Term Agenda: None

2.   Letters To Township Freeman Board:

a.   Mr. Maas stated that he had written and delivered the introductory letters to the Freeman Township Board, for their October 8, 2009 meeting, concerning the

i.    Amended Zoning Ordinance for Sections 7.02,C., 8.02.B., 11.02.B., and 12.02.A.4, and

ii.   New ordinance confirming the establishment of the Planning Commission.

b.   Mr. Maas also stated that he had delivered the 2010 Planning commission Budget to the Freeman Township Board.

3.   NFIP:

a.   Mr. Blain stated that the most recent flood plain maps are now posted in the Freeman Township Hall for all to peruse.

4.   Elections:

a.   Mr. Wells made a motion, Mr. Stevens 2nd, that Mr. Blain remain Chairman, Mr. Phillips remain Vice-Chairman and Mr. Maas remain Secretary for 2010.  All three Planning Commission members accepted the “nominations” as stated.  The vote was carried unanimously.

5.   Planning Commission Members Appointments:

a.   Mr. Maas stated he had talked with Pat Humphrey and that all current Planning Commission members will have to be reappointed by the Freeman Township Board for 2010.  This should happen at one of the Freeman Township Board meetings in 2009; but it was not known when.

b.   Mr. Blain stated that he would bring it up at the next regular Freeman Township Board meeting. 

6.   2010 Meeting Dates:

a.   The 2010 meeting dates were reviewed with the following corrections; the August 3 meeting will held on August 2, and the November 2 meeting will held on November 1, due to elections.

b.   Mr. Maas stated that he would get a letter to Pat Humphrey concerning the 2010 Planning Commission meeting dates for publication.

E.   New Business:

1.   Mr. Phillips asked if anyone knew anything concerning “Deeded Subdivisions”?  All Planning Commission members stated they did not.

      Mr. Phillips asked if there should be a distinction made between “property maintenance” ordinances, or codes, for subdivision type areas and more rural areas as there is a need for better property maintenance in subdivisions that would not really be a problem for the more rural areas.

      Mr. Wells stated, and all Planning Commission members agreed, that this would be very hard to enforce as almost all possibilities seem discriminatory.

2.   Mr. Blain stated that the Planning Commission should keep aware of any “property maintenance” type items that may be on the horizon.

F.   Adjournment: Motion: Stevens, 2nd Wells “To adjourn”.  Motion Carried.  Time 7:35 PM.

Gary Maas, Secretary

2008

Minutes of March 4, 2008

Time of Meeting: 7:00 PM

 Chairman called the meeting to order at 7:22 PM.

Commission Members:

            Present: Burger, Phillips, Wells, Stevens, Blain, Maas

            Absent: None

            A quorum is present.

            Guests: Richard Meitz

            Citizens in attendance: None

Chairman Burger asked for a motion to accept the Meeting’s Agenda:  Motion: Wells, 2nd Stevens “To accept the meeting’s agenda as written”.  Motion carried.

 1. The minutes of the November 5, 2007 meeting were read.  Motion: Blain, 2nd Stevens “To accept the November 5, 2007 minutes with two minor corrections”.  Motion carried.

 2.   Meeting Business Activities:

      A.     Chairman’s comments:

1.   Burger expressed thanks to Mr. Stevens for his “good work” as secretary and for all his work.  This was carried unanimously by all.

2.  Phillips reported that the township hall expansion, as planned, is to include new office space, fireproof storage, the open hall area will be larger, a large storage area, and to include a kitchen.

a.   Wells added that the new township hall facility should be no smoking and no alcohol.

b.   Meitz added that more parking spaces should be in the planning.

c.   Burger added that expansion committee will put in for a USDA grant.

3.   There will be two new MZEA laws coming in September.

B.   Education Chairman’s Report: Nothing to report.

C.  Zoning Advisors Report: Nothing to report.

D.  Current Business:

1.   Petition For Amendment – Special Use Permit; submitted by Ronald L. Johnson Sr.

a.   Motion: Stevens, 2nd Wells “To table the Petition For Amendment – Special Use Permit, so the submitting involved party(s) can be at the next meeting”.

Roll Call Vote:

Burger – No, Phillips – Yes, Wells – Yes, Stevens – Yes, Blain – Yes, Maas – Yes; Motion Carried.

2.   Long Term Agenda:

a.   The Long Term Agenda was reviewed with the following items removed:

      Township Curfew Proposal, Slum Landlords – Rental Policies and Ordinances, Nuisance Abatement Policy and Procedures.

  1. b.      Stevens volunteered to take on “Yard and Garage Sale Ordinance” as a project.

E.   Adjournment: Motion: Wells, 2nd Stevens “To adjourn”; motion carried.  Time 8:31 PM.

Gary Maas, Secretary

Minutes of April 1, 2008

Time of Meeting: 7:00 PM

 Prior to the regular meeting Chairman Burger introduced Lisa Stager (Hamilton Township Zoning Administrator).  Ms. Stager inquired about the extent of Planning and Zoning type education the Freeman Township Planning and Zoning Commission members had received.  Hamilton Township will be reformulating, and/or updating, their Planning and Zoning Ordinance.

 Chairman Burger called the meeting to order at 7:47 PM.

Commission Members:

            Present: Burger, Phillips, Wells, Stevens, Maas

            Absent: Blain

            A quorum is present.

            Guests: Lisa Stager   

Citizens in attendance: None

Chairman Burger asked for a motion to accept the Meeting’s Agenda:  Motion: Stevens, 2nd Phillips “To accept the meeting’s agenda with a correction to the November meeting date; 11-03-2008, not 11-01-2008”.  Motion carried.

 1. The minutes of the March 4, 2008 meeting were read.  Motion: Stevens, 2nd Phillips “To accept the March 4, 2008 minutes as written”.  Motion carried.

2.   Meeting Business Activities:

      A.     Chairman’s comments:

1.   The next township hall expansion meeting will be on 4-24-2008 at 11:00 AM.

2.   The Zoning Enabling Act revision, and the new Planning Enabling Act, were passed.

B.   Education Chairman’s Report:

1.   There is an information workshop about the new Michigan Planning Enabling Act, and the updated, Michigan Zoning Enabling Act.

2.   Motion: Stevens, 2nd Wells “To send Three (3) Planning and Zoning Commission members to the workshop”.  Motion carried.

a.   Chairman Burger will bring the workshop up to the Board.

C.  Zoning Advisors Report:

1.   Stevens reports that Pat Humphrey is ordering new zoning violation “tickets” for use by Mr. Meitz.

D.  Current Business:

1.   Petition For Amendment – Special Use Permit; submitted by Ronald L. Johnson Sr.

a.   Motion: Stevens, 2nd Wells “To take the Petition For Amendment – Special Use Permit off the table”.  Motion carried.

b.   Motion: Stevens, 2nd Phillips “To hold a public hearing for the Ronald L. Johnson Sr. Petition For Amendment – Special Use Permit”.  Motion carried.

2.   Long Term Agenda:

a.   Phillips to review information given to him on Private Road Ordinances from other townships;  to include Cul-De-Sacs, Road Widths, and Private Roads

b.   Stevens will save discussion on Yard and Garage Sales until Mr. Meitz is present.

E.   Adjournment: Motion: Stevens, 2nd Phillips “To adjourn”.  Motion carried.  Time 8:36 PM.

 Gary Maas, Secretary

Minutes of May 5, 2008

Time of Meeting: 7:00 PM

 Chairman Burger called the meeting to order at 7:03 PM.

Commission Members Present: Burger, Phillips, Wells, Stevens, Blain, Maas

Absent: None

A quorum is present.

            Guests: Ronald L. Johnson Sr., Ronald Johnson Jr. and Mike Green        

Citizens in attendance: Four

Chairman Burger asked for a motion to accept the Meeting’s Agenda:  Motion: Stevens, 2nd Phillips “To accept the meeting’s agenda as written”.  Motion carried.

 1. The minutes of the April 1, 2008 meeting were read.  Motion: Wells, 2nd Phillips “To accept the April 1, 2008 minutes as written”.  Motion carried.

 2.   Public Hearing:

Ronald L. Johnson Sr. Petition For Amendment – Special Use Permit Re-Zoning part of parcel # 18-009-003-400-05 and 18-009-003-200-06, a.k.a. Part of Government Lot 2, Part of the East One-Half of Section 3, T18N, R6W, Freeman Township, Clare County, Michigan from Agricultural to Single Family Residential.  Eleven parcels along Big Norway Lake.

A.  The Petition For Amendment – Special Use Permit was read aloud by Chairman Burger.

B.   Mr. R. L. Johnson Sr. and Mike Green gave the following information, partially in response to questions from the Planning and Zoning Commission members;

1.   Mr. R. L. Johnson Sr. will be selling the parcels only and will not be doing any of the actual building.

2.   The parcel owners will own the property to the water, however the “cat tail” area(s) are to be maintained and “docks” or “elevated walkways” over the cat tails will be required to reach the water where applicable.

3.   Mr. R. L. Johnson Sr. will be providing the road access which will be a private road and not county maintained.

4.   Will not affect the current dam or stream north end of the site.

5.   There will be “Covenants” regulating such things as building type, outside storage, and refuse control all in accordance with township ordinances.

6.   The parcels have successfully been perk tested by Lapham Associates.

C.  No questions were asked by citizens.

D.  Motion: Wells, 2nd Stevens “Recommend approval of Mr. R. L. Johnson Sr.’s For Amendment – Special Use Permit by the Freeman Township Planning and Zoning Commission to the Freeman Township Board”.

1.   Roll Call Vote: Burger – Yes, Phillips – Yes, Wells – Yes, Stevens – Yes, Blain – Yes, Maas – Yes. Motion Carried.

3.   Meeting Business Activities:

      A.  Chairman’s comments: None

B.   Education Chairman’s Report:

1.   Three members of the Planning and Zoning Commission will be attending the workshop about the new Michigan Planning Enabling Act, and the updated, Michigan Zoning Enabling Act.

C.  Zoning Advisors Report: None

D.  Current Business:

2.   Long Term Agenda:

a.   Mr. Phillips reviewed information given to him on Private Road Ordinances from other townships;  Distributed information from the Michigan Township News for all to review and discuss at next meeting.

E.   New Business:

1.   Chairman Burger: We could suspend the formal reading of the minutes as long as everyone has an opportunity to read the minutes beforehand.

a.   Motion: Wells, 2nd Blain “To suspend the formal reading of the minutes”. Motion Carried.

F.   Adjournment: Motion: Stevens, 2nd Phillips “To adjourn”.  Motion carried.  Time 8:18 PM.

 Gary Maas, Secretary

Minutes of June 3, 2008

Time of Meeting: 7:00 PM

 Chairman Burger called the meeting to order at 7:00 PM.

Commission Members Present: Burger, Phillips, Wells, Stevens, Blain, Maas

Absent: None

A quorum is present.

            Guests: Dick Meitz    

Citizens in attendance: None

Chairman Burger asked for a motion to accept the Meeting’s Agenda:  Motion: Stevens, 2nd Wells “To accept the meeting’s agenda as written”.  Motion carried.

 Motion: Wells, 2nd Phillips “To accept the May 5, 2008 minutes as written”.  Motion carried.

 Meeting Business Activities:

      A.  Chairman’s comments:

1.   Chairman Burger stated that the feedback from most of the property owners on Big Norway Lake has been positive concerning the Ronald L. Johnson Sr. property Rezoning.

2.   Chairman Burger will be going to Hamilton Township June 10, 2008 to talk on updating their Planning and Zoning Ordinance.

B.   Education Chairman’s Report:

1.   Three members of the Planning and Zoning Commission will be attending the workshop about the new Michigan Planning Enabling Act, and the updated, Michigan Zoning Enabling Act on June 25, 2008.

C.  Zoning Advisors Report:

1.   Dick Meitz stated that he now has, and will be using, the new “tickets” for ordinance offences.

D.  Current Business:

1.   Long Term Agenda:

a.   Dick Meitz inquired as to why the Township Curfew, Slum Lords and Rental Policies, Camper Storage on Properties and Nuisance Abatement Policy Ordinances were dropped from the Long Term Agenda.  Chairman Burger stated, that by Planning and Zoning Commission agreement, nothing could be done about these items.

E.   Private Road Ordinance:

1.   After reviewing the distributed information from the Michigan Township News everyone agreed that the biggest concerns were: getting emergency equipment where it was needed, what will be the definition of a “private road”, and that we need to proceed with caution.

2.   Dick Meitz will check with Winterfield Township about an “inaccessible road” clause.

F.   Master Plan Review and Zoning Ordinance Update:

1.   Chairman Burger stated that we will discuss this further after the three members come back from the June 25, 2008 class on the Michigan Zoning Enabling Act revision, and the new Michigan Planning Enabling Act.

G.  Adjournment: Motion: Wells, 2nd Phillips “To adjourn”.  Motion carried.  Time 7:41 PM.

 Gary Maas, Secretary

 Minutes of July 1, 2008

Time of Meeting: 7:00 PM

 Chairman Burger called the meeting to order at 7:05 PM.

Commission Members Present: Burger, Phillips, Wells, Stevens, Maas

Absent: Blain

A quorum is present.

            Guests: Dick Meitz    

Citizens in attendance: None

Chairman Burger asked for a motion to accept the Meeting’s Agenda with two additions:  Motion: Stevens, 2nd Phillips “To accept the meeting’s agenda with two additions”.  Motion carried.

 Motion: Stevens, 2nd Phillips “To accept the June 3, 2008 minutes as written”.  Motion carried.

 Meeting Business Activities:

      A.  Chairman’s comments:

1.   Chairman Burger reminded everyone that the next meeting will be held on Monday August 4, 2008; as there will elections held on Tuesday August 5, 2008.

2.   Chairman Burger stated that he had to miss the Township Hall Expansion Meeting on June 24 due an emergency meeting of the Enterprise Community to make ready an application for an extension of time.

B.   Education Chairman’s Report:

1.   Per the MTA magazine there will be more workshops concerning the MZEA and MPEA starting in October, 2008.

2.   The three members of the Planning and Zoning Commission that attended the workshop about the new Michigan Planning Enabling Act, and the updated, Michigan Zoning Enabling Act on June 25, 2008,  said it was very interesting, but there is a lot of information to go through.

C.  Zoning Advisors Report:

1.   Dick Meitz stated that he wrote his first ticket, using the “new” tickets.

2.   Dick Meitz distributed copies of Winterfield Township’s Private Road Ordinance.

D.  Current Business:

1.   Long Term Agenda:

a.   Dick Meitz suggested we look at adding “not using campers for storage” to the Blight Ordinance.

b.   Motion: Wells, 2nd Phillips “To add; not using campers for storage” to the Long Term agenda.  Motion carried.

E.      Township Expansion Project Update:

1.   Maas said there had been a discussion with Bill Larson (Emergency Management) and Irene Little (Red Cross) regarding how best to prepare the Township Hall for Emergencies.  Mr. Larson said we should have an emergency auto-start, back-up generator.  Ms. Little suggested we have male and female bathroom facilities for 3-4 people, and at least one unisex shower.

 2.   Pat Humphrey will try to put together a smaller dollar amount grant for three generators, two portable generators for emergency use lending out, and one auto-start for the township hall.

a.   Wells suggested we look very carefully into portable generators due to; who would get first use, and that there could be liability issues.

3.   Maas added he will be looking into ways to get a better drawing of the expansion made, to incorporate the changes, as cheaply as possible.

a.   Wells suggested we look into using Lapham Engineering, or Central Michigan University Graphics department for help.

F.   Private Road Ordinance:

1.   There was discussion as to amending existing ordinance or write an all new ordinance.

2.   Dick Meitz was not able to find an “inaccessible road” clause for Winterfield Township but will keep looking.

3.   The consensus feeling is that a “Private Road Ordinance” would be concerning a road with multiple dwellings using it.

4.   Wells will check with the County Road Commission if they have any Private Road laws, or guidelines, and Phillips will do the same with the County Commission.

G.  Master Plan Review and Zoning Ordinance Update:

1.   Stevens reported that we seem to be in good shape overall given the information gathered at the Michigan Zoning Enabling Act and the Michigan Planning Enabling Act workshop.  We still need to go over the Master Plan, and decide if we need a “Planning Commission Ordinance”.

2.   Chairman Burger said we will devote the entire next meeting to the Master Plan.

H.  Adjournment: Motion: Stevens, 2nd Phillips “To adjourn”.  Motion carried.  Time 8:14 PM.

 Gary Maas, Secretary

Minutes of August 4, 2008

Time of Meeting: 7:00 PM

 Chairman Burger called the meeting to order at 7:00 PM.

Commission Members Present: Burger, Phillips, Blain, Wells, Stevens, Maas

Absent: None

A quorum is present.

            Guests: Dick Meitz    

Citizens in attendance: None

Chairman Burger asked for a motion to accept the Meeting’s Agenda:  Motion: Phillips, 2nd Wells “To accept the meeting’s agenda”.  Motion carried.

 Motion: Stevens, 2nd Phillips “To accept the July 1, 2008 minutes as written”.  Motion carried.

 Meeting Business Activities:

      A.  Chairman’s comments: None

B.   Education Chairman’s Report:

1.   Mr. Wells informed everyone that the trash transfer site is back at the original location.

C.  Zoning Advisors Report:

1.   Dick Meitz stated that he’d been asked if the set-back is the same for a “shed” as it would be for an “accessory building”.  Dick Meitz said that it would have the same set-back, of (10) feet per the Zoning Ordinance.

D.  Current Business:

1.   Long Term Agenda:

a.   By unanimous agreement the creation of an official ordinance for the formation of the Planning Commission per the newly enacted MPEA will be added to the Long Term agenda.

b.   By unanimous agreement the Planning Commission will look into the use of “campers”, or the like, for storage, and add to the Long Term Agenda.

E.   Private Road Ordinance:

1.   Mr. Phillips will look into the County Private Road Ordinance and see if it can be used in Freeman Township.

F.   Master Plan Review:

1.   The Master Plan was reviewed with the following additions and/or changes by unanimous agreement;

a.   The addition of a “Vision Statement” and a statement of “Local, County, and State of Michigan Support”.

b.   Numerous typo corrections were made throughout.

c.   The deletion of an incomplete sentence at the end of the “Modular Homes” definition.

 d.   The removal of the “page 8” reference from the SUBDIVISIONS definition and replaced with “Mobile Homes, House Trailer Homes, Parks and Courts”.

e.   The addition of the word “other” to the Conservation Compatible Uses to read;

“This area shall include portions overlapping other areas within the entire Township of Freeman and shall be further protection against destruction and loss of natural features, natural historical sites and provide a living space for the abundance of wildlife which depend upon certain natural areas for their entire existence.”

f.    The addition of “(to include Light Industrial)” to the Commercial Compatible Uses to read;

“There is at present little use of the land for commercial pursuits (to include Light Industrial) within the Township of Freeman.”

g.   The addition of “Reviewed by Freeman Township Planning and Zoning Commission” and “Adoption by Township Board   

 Revised & Published” at the end of the Master Plan.

  H.  Adjournment: Motion: Phillips, 2nd Wells “To adjourn”.  Motion carried.  Time 8:22 PM.

 Gary Maas, Secretary

Minutes of September 2, 2008

 

Time of Meeting: 7:00 PM

 

 

 Chairman Burger called the meeting to order at 7:00 PM.

 

Commission Members Present: Burger, Phillips, Wells, Stevens, Maas

 

 

Absent: Blain

 

 

A quorum is present.

 

 

            Guests: Dick Meitz    

 

 

Citizens in attendance: None

 

 

Chairman Burger asked for a motion to accept the Meeting’s Agenda:  Motion: Stevens, 2nd Wells “To accept the meeting’s agenda”.  Motion carried.

 

 

 Motion: Stevens, 2nd Wells “To accept the August 4, 2008 minutes as written”.  Motion carried.

 

 Meeting Business Activities:

 

      A.  Chairman’s comments:

 

 

1.   Chairman Burger said there is a Federal Congressional bill currently being worked on that may exempt local government boards from social security income taxes.

 

 

B.   Education Chairman’s Report: None

 

 

C.  Zoning Advisors Report:

 

 

1.   Dick Meitz stated that he would like the Planning Commission to add language to the existing Mobile Homes ordinance concerning how old, and to what type of building code, the Mobile Homes need to be when brought into the township.

 

 

2.   Mr. Wells said that Section 7.02 (C), and “Manufactured Homes” in the definitions, of the Zoning Ordinance should answer any questions.

 

 

D.  Current Business:

 

 

1.   Long Term Agenda:

 

 

a.   Chairman Burger stated that he had added “Planning Ordinance as required by the State of Michigan - 2011” and “Campers used for storage” to the Long Term Agenda.

 

 

b.   By unanimous agreement the existing “Mobile Homes” ordinance will be put on the Long Term Agenda concerning “Mobile Homes” restrictions in general.

 

 

c.   By unanimous agreement “Cars, and the like, not displaying up-to-date license plates” will be added to the Long Term Agenda.

 

 

E.   Master Plan Review:

 

 

1.   The updated Master Plan was reviewed with no corrections made.

 

 

2.   Motion: Wells, 2nd Phillips “To move the Master Plan as written to the township board for their review and approval”.  Motion Carried.

 

 

F.   Private Road Ordinance:

 

 

1.   Mr. Phillips stated that he looked into a “County Private Road Ordinance”.  He said there was not a county “Private Road Ordinance”; that the county only has county “road specifications”.

 

 

 Chairman Burger stated that the following language could be useful for a Private Road Ordinance:

 

 

 

a.   The creation and naming of private roads within Freeman Township must be approved by the Freeman Township Planning Commission.  Duplicate road  names within Freeman Township and the County of Clare, State of Michigan, is prohibited.

 

 

      For private road specifications and naming criteria, reference is made to the Clare County road specifications and naming/addressing ordinances of record.

 

 

3.   Mr. Phillips will try and get copy of the Surrey Township Private Road Ordinance for the Planning Commission review at the next meeting.

 

 

 G.  Adjournment: Motion: Stevens, 2nd Phillips “To adjourn”.  Motion carried.  Time 7:58 PM.

 

 

 Gary Maas, Secretary

Minutes of October 7, 2008

Time of Meeting: 7:00 PM

 Chairman Burger called the meeting to order at 7:05 PM.

Commission Members Present: Burger, Phillips, Wells, Stevens, Maas

Absent: Blain

A quorum is present.

            Guests: None

Citizens in attendance: None

Chairman Burger asked for a motion to accept the Meeting’s Agenda with one addition:  Motion: Stevens, 2nd Phillips “To accept the meeting’s agenda with one addition”.  Motion carried.

 Motion: Stevens, 2nd Phillips “To accept the September 2, 2008 minutes as written”.  Motion carried.

 Meeting Business Activities:

      A.  Chairman’s comments:

1.   Chairman Burger stated he was given a letter from Township Supervisor Mark Lightfoot, that was written by Jaynie Hoerauf, that Freeman Township will need a Planning Commission Ordinance.  Chairman Burger also stated that the formation of a Planning Commission Ordinance is already on the Long Term Agenda.

2.   The Clare County Enterprise Community will sponsor one person to the up-coming Citizen Planner classes to be held at Mid-Michigan Community College this January.

B.   Education Chairman’s Report: None

C.  Zoning Advisors Report: Zoning Administrator not present.

D.  Current Business:

1.   Long Term Agenda:

a.   Chairman Burger stated that he had added “Master Plan and Zoning Ordinance Five Year Review – 2013” and “Mobile Home Restrictions” to the Long Term Agenda and had removed “Master Plan Review for 2008” from the Long Term Agenda.

E.   Private Road Ordinance:

1.   Mr. Phillips reviewed an eight page “Private Road” document from Surrey Township.  All agreed that the “Private Road” document from Surrey Township was too restrictive with too much detail for Freeman Township use.

2.   Mr. Phillips reviewed a preliminary “Private Road Ordinance” he had written earlier in the year that all agreed was acceptable for our purposes with some changes to Cul-De-Sac and Tee turnaround diameters, and to include reference to the up-coming Clare County Ordinance concerning no duplicate named roads.  This is to be typed into a more formal Zoning Ordinance format under “Essential Public Facilities” as Section 4.03.a “Private Road Requirements”; to be reviewed at the next Planning Commission meeting.

F.   Mobile Homes:

1.   Mr. Stevens distributed information on mobile home restrictions from Summerfield Township for all to review.

G.  Adjournment: Motion: Stevens, 2nd Phillips “To adjourn”.  Motion carried.  Time 8:15 PM.

 Gary Maas, Secretary

 Minutes of November 3, 2008

Time of Meeting: 7:00 PM

 Chairman Burger called the meeting to order at 7:00 PM.

Commission Members Present: Burger, Phillips, Wells, Stevens, Maas

Absent: Blain

A quorum is present.

            Guests: Dick Meitz

Citizens in attendance: None

Chairman Burger asked for a motion to accept the Meeting’s Agenda:  Motion: Stevens, 2nd Phillips “To accept the meeting’s agenda”.  Motion carried.

 Motion: Stevens, 2nd Phillips “To accept the October 7, 2008 minutes as written”.  Motion carried.

 Meeting Business Activities:

      A.  Chairman’s comments:

1.   Chairman Burger stated he may be resigning after this year to possibly pursue the position of chairman of the Clare County Enterprise Community.  Mr. Burger added that all should remember to get out and vote.

B.   Education Chairman’s Report: None

C.  Zoning Advisors Report:

1.   Mr. Meitz inquired about the information on Mobile Homes restrictions that Mr. Stevens was to get from Summerfield Township.  Mr. Stevens said that he had received the information and it was distributed at the last meeting.

2.   Mr. Meitz asked if the Planning Commission could look into making zoning violations “civil infractions” like the Blight Ordinance is now.  Mr. Burger replied that he would put it on the long term agenda.

3.   Mr. Meitz asked if the Planning Commission could also look into “doubling” the permit fees in cases where the work has been started before the proper permit was secured.  Mr. Burger replied that he would put it on the long term agenda.

D.  Current Business:

1.   Long Term Agenda:

a.   Chairman Burger stated that he would add the two items brought up by Mr. Meitz to the Long Term Agenda.

E.   2009 Budget Approval:

1.   The 2009 Planning commission budget was distributed by Mr. Burger and reviewed by all present.  It was by unanimous agreement that the “Supplies” budget for 2009 would be changed back to $175 from $125; and fix the typo from 200 to 2009.

2.   Motion: Stevens, 2nd Phillips “To accept the 2009 Planning Commission Budget with two corrections”.  Motion carried.

F.   2008 Year End Letter To The Freeman Township Board Of Trustees:

1.   The 2008 Year End Letter To The Freeman Township Board Of Trustees was distributed by Mr. Burger and reviewed by all present.  It was by unanimous agreement that the second to the last sentence should read: “The Planning Commission has completed and forwarded to the township board a private roads ordinance for insertion into the township’s existing zoning ordinance”.

 2.   Motion: Phillips, 2nd Stevens “To accept the 2008 Year End Letter To The Freeman Township Board Of Trustees with one correction”.  Motion carried.

G.  Election Of Officers:

1.   Mr. Blain was nominated for Planning Commission Chairman.  Mr. Blain was absent so his acceptance is not known.  It was by unanimous vote, however, that if Mr. Blain accepts he is elected Chairman.

2.   Mr. Phillips was nominated for Vice-Chairman and accepted.  It was by unanimous vote that Mr. Phillips be elected Vice-Chairman.

3.   Mr. Maas was nominated for Secretary and accepted.  It was by unanimous vote that Mr. Maas be elected Secretary.

H.  2009 Schedule Of Planning Commission Meeting Dates:

1.   The 2009 Schedule Of Meeting Dates on the agenda was reviewed and accepted with the following changes:  8-03 changed to 8-04, and 11-02 changed to 11-03 as no elections would warrant the date changes.

2.   The 2009 Schedule Of Planning Commission Meeting Dates stands as follows;

3-03, 4-07, 5-05, 6-02, 7-07, 8-04, 9-01, 10-06, 11-03.  These dates will be forwarded to the township clerk for publication

I.    Private Road Ordinance:

1.   Mr. Maas distributed the rewritten Private Road Ordinance that was typed into a more formal Zoning Ordinance format under “Essential Public Facilities” as Section 4.03.a “Private Road Requirements”.  The new rewritten Private Road Requirements Ordinance was reviewed by all and accepted with the addition of “Zoning” in item “2.” to read:

      2.  All parcels created and benefiting from a Private Road shall comply at all times with the terms of the Freeman Township Zoning Ordinance.

2.   Motion: Stevens, 2nd Wells “To accept the “Section 4.03.a. Private Road Requirements” Ordinance, as written with one addition and to be forwarded to the Freeman Township Board of Trustees”.  Motion carried. 

3.   Mr. Maas stated that a letter will be sent to the Freeman Township Board of Trustees with the new “Private Road Requirements” Ordinance enclosed.

J.   Adjournment: Motion: Stevens, 2nd Phillips “To adjourn”.  Motion carried.  Time 7:55 PM.

 Gary Maas, Secretary