WEST BENZIE JOINT PLANNING COMMISSION

BENZONIA TOWNSHIP HALL

REGULAR MEETING

MINUTES

August 3, 2017

CALL TO ORDER- Call to order at 7:00 p.m. by Chairman Gary Gielczyk.

ROLL CALL- In attendance: Gielczyk, Sheets, new appointee Julie Mountz, and Wildie; Absent – Flynn. Also attending ZA Dave Neiger and acting ZA Jason Barnard.

Public Present: 11 residents including Commissioner Coury Carland, Platte Township residents Matt Wieber, Peter Laman, Paul Solem, Lauren Michalak, Mike Burgard, Tom Mountz, Cynthia Gottschalk. Benzonia Township residents: Eric Van Dussen, Karen Burns.

AGENDA- a MOTION by Sheets with SUPPORT by Wildie to accept the agenda as amended; motion carried, all ayes

MINUTES- A MOTION by Wildie, SUPPORT by Mountz to accept Minutes from April 6, 2017 as written; MOTION carried all ayes. A MOTION by Wildie with SUPPORT by Mountz to accept minutes from June 8 as amended; motion carried all ayes.

Call for Conflict of Interest- Chair asked all present if there is a conflict- none stated.

PUBLIC HEARING

Guest: Richard Figura, Attorney for Benzonia and Platte Townships’ legal Counsel.

Attorney Figura introduced hmself and stated the current situation regarding the appointment of a Zoning Administrator, necessitated by Administrator Neigers’ illness. Attorney Figura cautioned all Township Board members to not comment to avoid violation of the Open Meetings Act.

Attorney Figura outlined the MZEA language addressing the appointment of Zoning Administrator. The Legislative body is responsible for hiring of a Zoning Administrator.

Figura explained the legalities of having a supervisor perform Zoning Administrator’s duties. There is no clear language prohibiting such appointment, but the two offices could be determined to be incompatible, leading to potential conflicts. Figura stated appointment of a supervisor while actively searching for a Zoning Administrator is permissible. He acknowledged the number of qualified applicants is currently limited in this area.

Attorney Figura addressed the Zoning enforcement and the WBJPC ordinance language.

Scenarios were presented to explain the procedures taken to enforce zoning violations.

Short term rentals were discussed and the options available to the Commission. If an ordinance was adopted to regulate STR’s, it would only apply to new rentals; all previous short term rentals will be grandfathered in and would be allowed.

UNFINISHED BUSINESS

1. Zoning Ordinance Amendments-

1. Commercial/Non Commercial Agricultural Standards-

Chair asks to postpone this subject to get feedback from MSU extension office. Neiger states that MTA recommends some regulation as there is no ordinances addressing non-commercial ag/ag like business. The Wexford County non-commercial ag ordinance was created with help from the MSU extension office. The Chair asks Neiger prepare the Wexford Ordinance with The WBJPC headings for consideration at the October meeting

Neiger agreed to have draft completed before next meeting

REPORTS .

ZA- 34 permits issued this year

ZBA- no report

Nieger states he is serving as planning director while training Jason Barnard.

NEW BUSINESS

The Chair asks the members for comment to recommend to the Township Boards the direction of hiring a Zoning Administrator.

Wildie agrees to look for an Administrator. Sheets stated that the previous applicants were not compatible. Public Comment: Van Dussen suggested an amendment to the Zoning Ordinance to allow the Planning Commission to hire a Zoning Administrator. Chair states that he had asked to be notified when previous interviews where made ( April 2017) and asks that the Townships Boards’ to notify the Commission members when interviews are scheduled so they may attend.

A MOTION by Mountz with Support by Wildie to recommend the hiring of one Zoning Administrator for both Townships- MOTION carried, all ayes: ROLL CALL- Gielczyk- aye, Mountz-aye, Sheets-aye, Wildie-aye.

A MOTION by Wildie, with SUPPORT by Mountz to ask the Townships’ to amend the zoning ordinance to allow the Planning Commission to hire the Zoning Administrator with approval by both boards; Motion carried by ROLL CALL- Gielczyk-aye, Mountz-aye, Sheets-nay, Wildie-aye.

PUBLIC COMMENT

Van Dussen: queried if the Planning Commission would interview candidates and recommend a candidate to hire. The Chair stated he had requested that the planning commission members be notified when interviews took place so that they could attend if they desired to. The Chair stated he had not been notified.

Coury Carland – States the County Planning Commission has completed its Master Plan. The commission is planning to expand from 7 to 11 members. He encouraged the WBJPC to consider an appointee.

Next meeting is Thursday, October 5, 2017

A MOTION by Wildie, with SUPPORT by Mountz to adjourn at 8:30 pm.

Alison Michalak, recording secretary