Since this meeting is a public hearing, there will be public comment, much to the chagrin of those who would silence people with whom they disagree. Who knows? maybe a decent and better idea will come out during the public comment portion of the meeting. Do I think that will happen? No, but one can hope.
This document seems to have been drawn up by Attorney Dreyer using the most recent version of the Hayes Township Zoning Ordinance (2002) made available to the public on the Hayes Township website as the basis. I'm not sure if this was the effort of Mr. Dreyer acting alone, or if unnamed others contributed to it. If Mr. Dreyer wrote it up alone, it must be nice to have that much say in Township matters as an unelected lawyer who happens to represent the Township's legal interests. As such it is only one man's opinion.
I'm still not clear if the Judge told him this was how to go about getting a definitive decision from the Zoning Board of Appeals or if this is the best way Mr. Dreyer can think of to come to a decision at all. My sense of the situation is, the judge doesn't want to see this case until the Zoning Board of Appeals does their job and takes a decision, and it's up to them do do it. Then he will do his job and pass judgement on the Township's handling of the whole Moto Mania/zoning situation. Let the system work (or not), and exhaust all appeals before involving the court. Perhaps Mr. Dreyer sent the neighbors to court prematurely.
It is unlikely that changing the rules in the middle of this debacle will result in an unbiased decision on the part of the Zoning Board of Appeals. This issue has so divided Hayes Township that the chances of finding anyone who doesn't have an opinion on it one way or another are slim to none.
Changing the rules is the latest attempt of the officials of Hayes Township to skirt the inevitable decision for which they will have to take responsibility. Passing the buck to the judge ended with him passing it right back and telling the Township officials to do their job. The Township officials allowed this situation to occur. It is of their own making. And they don't want to take responsibility for it.
Personally, I think the members of the Zoning Board of Appeals, including Lyle should be locked in a room like a jury and deliberate sequestered until they come up with a decision. Like a jury. And no, Lyle shouldn't be allowed to vote since he already has, but he should have to be there since he's a member of the Zoning Board of Appeals. In for a penny, in for a pound. Only unlike a jury, they only have to pass whatever decision they take by the requisite 3 votes. Sleep on cots at the Township offices and eat carry out food until they arrive at it. Man up and take some responsibility for the decision you need to take. Let the chips fall where they may. But that's just me.
The Township and their lawyer seem to want to complicate it further and open it up to all kinds of legal wrangling once it gets to court, not that there isn't already enough of that.
I will analyze the proposed amendments. The proposed amendment's wording will be in italics, and the original wording will be in bold italics. The differences will be underlined. The analysis will be in plain text.
Section 1501
Board Membership
The Hayes Township Board of Appeals shall consist of seven (7) (five (5)) members and one (1) alternate member in accordance with the following requirements (recommendations)
In the original there were no alternates.
Membership has gone from 5 to 7. Certain members of the Township Board are balking because, "It's harder to get stuff done with more people." I would suggest that it's also harder to control the votes of more people.
Originally they were recommendations. Now they're requirements.
(1.) One member of the Zoning Board of Appeal (The first member) shall also be a member of the Hayes Township Planning Commission. The Hayes Township Board shall select the member of the Hayes Township Planning Commission who is appointed to the Hayes Township Board of Zoning Appeals.
I understand the reason for having a member of the Planning Commission on the Zoning Board of Appeals - let's be consistent with what we're calling the Board within the document. That way if there is any question as to how the Planning Commission arrived at a particular decision, they have a member of that board who was presumably, present at the meeting(s) in which the appealed decision was originally taken.
The original document did not address the process by which the representative from the Planning Commission was chosen. Which begs the question of why Lyle was the member chosen, and how was he chosen? Was he chosen because he is the Chair of the Planning Commission? Did the Planning Commission choose him? Did the Township board choose him? Did he volunteer? Was there some kind of process used to choose him? If so, what was it? I have more questions, but I'll ask them when those issues are addressed in the proposal.
Lyle Criscuolo is the Chair of the Planning Commission. He is also the Planning Commission member appointed to the Zoning Board of Appeals.
According to the new proposal, it is now the purview of the Township Board to choose a member of the Planning Commission to sit on the Zoning Board of Appeals. It probably was before, but now it is specified.
(2) One (1) member of the Hayes Township Zoning Board of Appeals may be a member of the Hayes Township Board. At the discretion of the Hayes Township Board, one Hayes Township Board member shall be appointed to the Hayes Township Planning Commission.
This is a permissive appointment to the Zoning Board of Appeals. There does not have to be a Township Board member but there may be one appointed to the Zoning Board of Appeals.
Robert Hale is the Township Board member who is also on the Zoning Board of Appeals.
This is a permissive appointment to the Planning Commission. There does not have to be a member of the Township Board on the Planning Commission, but there is one currently. This member is Lee Dancer.
There is currently nothing in the Hayes Township Zoning Ordinance until this proposed amendment that addresses the composition of the Planning Commission at all. This only touches on it. Perhaps it should be fully addressed.
(3) The remaining members of the Hayes Township Zoning Board of Appeals shall be selected from electors of (the) Hayes Township and appointed to their position by the Hayes Township Board.
This point looks like a further clarification of the way they have been appointing members to the Zoning Board of Appeals already.
(4) In addition to the seven regular members of the Hayes Township Zoning Board of Appeals, the Hayes Township Board shall appoint one (1) alternate member. The alternate member may be called by the Hayes Township Zoning Administrator and asked to serve as voting member of the Hayes Township Zoning Board of Appeals in any of the following events:
The current Zoning Administrator is Jim VanWormer. It is his job to call the alternate when needed.
A. If a regular member will be unable to attend one or more meetings and notice is given by the regular member to the Hayes Township Zoning Administrator (verbally, in writing or by email) at least seven days prior to the date of the regular of special meeting.
I would suggest that notice should be given in writing or in email so there is a written and therefore verifiable record that the member will not be able to attend the meeting.
Also, does the alternate vote as a proxy for the absent member? Meaning is the alternate to vote the way the absent member instructs? Or does the alternate member vote the way he or she sees fit? This should be clarified in the amendment.
B. In the event the Hayes Township Zoning Administrator has notice that a member has abstained or will be required to abstain by reason of conflict of interest.
This point should be further clarified that the member with the conflict of interest should give written or email and therefore verifiable notice of the conflict of interest to the Zoning Administrator. And what the conflict is should also be a part of the record.
In this case, the alternate should vote his or her conscience.
Too bad there is no provision for a member of the the Planning Commission to reccuse him/herself from a particular vote in the case of a conflict of interest.
C. In the event that the regular or special meeting of the Hayes Township Zoning Board of Appeals is being called for the purpose of hearing an appeal from a decision of the Hayes Township Planning Commission. In the event of such an appeal, the member on the Hayes Township Zoning Board is also a member of the Hayes Township Planning Commission shall abstain from deliberating or voting on the appeal and instead, in regard to the appeal, the alternate member shall serve in regard to the appeal until a final decision is made by the Hayes Township Zoning Board of Appeals.
In plain terms, this means that since the Michigan Moto Mania resolution adopted by the Planning Commission is being appealed to the Zoning Board of appeals, if this amendment is adopted, then Lyle must abstain from deliberating or voting on the Michigan Moto Mania issue in the Zoning Board of Appeals. Which begs another question of why have a member of the Planning Commission on the Zoning Board of Appeals at all? Unless his sole purpose is to clarify why and how a decision taken by the Planning Commission was arrived at if asked. But the alternate would deliberate and vote (presumably his conscience) with regard to the appeal until the Zoning Board of Appeals takes it's decision.
In the past, I suspect that Lyle was acting as a full voting member of the Zoning Board of Appeals until the Moto Mania situation. If that is the case, then every vote he has ever cast as a member of the Zoning Board of appeals can be considered suspect since he has already cast his vote as a member of the Planning Commission. How likely is it that he would ever vote to reverse a decision he took at a Planning Commission meeting? That could open the door for appeals of past decisions made where Lyle was allowed to vote twice - once as a member of the Planning Commission and once again as a member of the Zoning Board of Appeals.
Does the zoning Board of Appeals ever meet for any other reason than to decide matters of appeal from the Planning Commission? If they do not meet for any other reason, then it should be stipulated that the Zoning Board of Appeals member who also sits on the Panning Commission is always a non-voting member, unless there are other circumstances under which he or she can vote. If there are no other circumstances, then I would suggest that there be an odd number of voting members and the Planning Commission member be a non-voting member.
(5) An employee (or contractor) of (the) Hayes Township may not serve as a member (or employee) of the Hayes Township Zoning Board of Appeals.
All the language pertaining to contractors of any kind has been stricken from the amendment. As long as the understanding and meaning is that no one who is in the paid employ of Hayes Township may serve on the Hayes Township Zoning Board of Appeals, (so as to preclude a conflict of interest).
(6) Any member of the Hayes Township Zoning Boardof Appeals who is also a member of the Planning Commission or a (an elected) member of the Township Board shall not serve as Chairperson of the Hayes Township Zoning Board of Appeals.
This one appears to be aimed specifically at Lyle who has for the last decade or so been serving as the Chair of both the Planning Commission and the Zoning Board of Appeals.
I have been asking for months how one goes about getting that gig in Hayes Township. How is it that up until all of this scrutiny, this situation has been allowed to occur and continue? It only adds to the perception of incestuousness on the Hayes Township governing boards and the perception that a handful of people control everything in Hayes Township.
In my next post, I will look at Section 1502 and 1503.
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