Yesterday I looked at Section 1501. Today I will look at Section 1502.
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 1502
Terms of Office
Terms shall be for three (3) years, except for members serving because of their membership on the Planning Commission or Township Board of Trustees, whose terms shall be limited to the time they are members of the Planning Commission or Township Board of Trustees, respectively, and the period stated in the resolution appointing them. When members are first appointed, the appointments may be for less than three (3) years to provide for staggered terms. A successor shall be appointed not more than one (1) month after the term for the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term. At the time this amendment to the Hayes Township Zoning Act becomes effective, all existing members shall be appointed for the balance of their term as already established. Any new members shall be appointed either to a three (3) year or may be appointed for less than a three (3) year term to provide for staggered terms. The alternate member shall be appointed to a three year term.
Very little has really changed in this paragraph, except the addition of an alternate to a three year term.
Is it the Zoning Act, or is it the Zoning Ordinance?
I think term limits should also be addressed. I don't think anyone should be allowed to serve more than 3 consecutive terms, or nine (9) years. I think part of the problem is we have several members who are firmly entrenched and have been for years. (According to an article in the Clare Sentinel, Planning Commission Overwhelmed by Opposition and Support for Off-road Park, by Rosemary Horvath, 21 May 2010, Lyle Criscuolo has been a Planning Commission member for 22 years and according to an article in the Clare County Review, Planners Say "Yes" to Moto Mania, 21 May 2010, Nola Hopkins has said that she has been on the Planning Commission for "around 20 years.")
Diana Jones posted the following on Michigan Moto Mania's facebook page on 15 Jul 2010, "My boyfriend is a Hayes Township Trustee. He is 71 years old and a great guy. He has been on the board since 1992. Nobody ever runs for offices. Before that he was on the Board of review for several years. And he goes to work at his car lot every day. He also is on the ZBA. Nobody wants those jobs. He does a great job. And he did vote for MMI last night."
Diana was talking about Bob "Joe" Hale.
According to the composition of the Planning Commission at the time the 2002 version of the Hayes Township Zoning Ordinance was adopted, Don Atkinson, Lee Dancer and Ron Malone have been on the Planning Commission at least since then. John Scherrer was on the Planning Commission back then, but now he's the Chair of the Hayes Township Board of Trustees, an elected position. Elizabeth Wilson was then and still is the Hayes Township Treasurer on the Board of Trustees. Lee Dancer and Robert Hale were then and still are members of the Board of Trustees. That, taken with Lyle's Chairmanship of both the Planning Commission and the Zoning Board of appeals for years, it's about time for a change and some term limits. I believe many will agree with me, even if they won't admit it.
According to the composition of the Planning Commission at the time the 2002 version of the Hayes Township Zoning Ordinance was adopted, Don Atkinson, Lee Dancer and Ron Malone have been on the Planning Commission at least since then. John Scherrer was on the Planning Commission back then, but now he's the Chair of the Hayes Township Board of Trustees, an elected position. Elizabeth Wilson was then and still is the Hayes Township Treasurer on the Board of Trustees. Lee Dancer and Robert Hale were then and still are members of the Board of Trustees. That, taken with Lyle's Chairmanship of both the Planning Commission and the Zoning Board of appeals for years, it's about time for a change and some term limits. I believe many will agree with me, even if they won't admit it.
I have heard members of the Township Board say that it is difficult to find people willing to sit on those boards, and that may well be the case, but I would suggest that there has been effort lacking in the search for new members when terms are up. Up until recently, announcements for anything of import in Hayes Township gets buried in the classified ads in the local paper(s) and there is no effort made to make them stand out to the reader. You almost have to know what you're looking for to find it, and it can be easily missed. The Hayes Township website makes no mention of any ongoing search for volunteers or even how to go about volunteering for appointed positions. If they really wanted new members to replace members whose terms are expiring, they would find expedient and efficient ways to find some new volunteers. In the past, I'm not so sure they really wanted new members. But I understand that all kinds of volunteers are coming out of the woodwork now. Unfortunately, they are too involved with one side or the other of the Moto Mania Zoning Issue to be able to serve effectively for this decision. The Township should consider them for other matters when this whole thing is settled. And they should make more and better effort to recruit new volunteers for appointed offices. Turnover is not a bad thing, but it makes it harder to push personal agendas.
Member of the Board of Appeals may be removed by the Township Board of Trustees for non-performance of duty or misconduct in office, upon written charges and after a public hearing. A member shall disqualify himself/herself from any vote in which he/she has a conflict of interest. Failure to do so shall constitute misconduct in office.
Nothing has changed in this section. However, once again, for the sake of consistency in the document, the board in question should always be called by the same name. I am assuming that this paragraph is talking about the Zoning Board of Appeals.
I think the same should apply to all boards appointed by the Township Board of Trustees, and not just the Zoning Board of Appeals.
There were several potential conflicts of interest among members of the Planning Commission that could have and may have come into play:
Two members of the Planning Commission are residents of Mostetler Road.
One member of the Planning Commission and his family has a membership at the same Motocross Club as the guy requesting a special use to open a motocross facility.
One member of the Planning Commission has a son who designs BMX courses and has been a professional BMX racer. BMX facilities are still very much on the table at Moto Mania.
One member of the Planning Commission is related to the real estate agent who showed Doug Longenecker the Gamble property on Mostetler Road and made the sale.
Regarding the Zoning Board of Appeals, after the first vote, there was a witch hunt carried out on Bob Johnson, and unfounded questions about his relationship to Ginnie Collins, just because he voted to overturn the Special Use on the Gamble-Longenecker property.
That witch hunt was instigated by Steve Rauch, Doug's self-appointed PR man who works for the Clare County Cleaver on his facebook page (17 Jun 2010 "Michigan Moto Mania will need our support again due to Bob Johnson in the hayes board of appeals. Is he related to the Johnson family trust that oppose MMM? If so, he needs to take himself outta this, it's not right!" and then on Jun 18 2010, "I have people researching this guy. if he is related its gonna hit the fan."), and the rumor about Mr. Johnson's relationship with Ginnie Collins was initiated by Robin Longenecker on the Michigan Moto Mania facebook page (Jun 18 2010 - "so who is Bob Johnson anyway? Neighbors relative...maybe?" also from Jun 18 2010 - "'Rumor' has it Bob Johnson is G Collins uncle or brother.")
Steve used all the resources available to him to look into it. It came to nothing because it was nothing but a rumor, but not before Mr. Johnson caught enough grief about his vote to feel the need to clarify and bring the witch hunt to light in letters to the editors of both the Cleaver (which didn't print it) and the Clare County Review, which did print it (9 Jul 2010). That, in turn brought a scathing letter from Moto Mania supporter Ralph Mogg, which the Cleaver did print (15 Jul 2010).
There was a double standard applied to Bob Johnson because he was seen hugging someone from among the Mostetler Road and Deer Lake neighbors, and he voted against upholding the Special Use on the Gamble-Longenecker property.
Robert "Joe" Hale's girlfriend openly supports Michigan Moto Mania and posts regularly on their facebook page in support. She was among the Moto Mania supporters. Where was the outcry and the accusations of a conflict of interest directed at Mr. Hale? Oh, that's right. There weren't any. He voted the "right" way. His vote was to uphold the Special Use on the Gamble-Longenecker property.
Richard Vedder, who voted at the 14 Jul 2010 Zoning Board of Appeals against upholding the Special Use on the Gamble-Longenecker property, as did Bob Johnson was not subjected to the same treatment Bob Johnson received from Steve Rauch and the rest of the Moto mania supporters. Why is that?
Certain Planning Commission members have been regularly seen openly socializing with Moto Mania supporters immediately following major meetings in Hayes Township. Not even a pretense of impartiality or professional distance is attempted. Certain Planning Commission members' personal support for Moto Mania is blatant.
I will end here with a final comment - For far too long, the same faces have held the same offices in Hayes Township, and they just keep switching appointed positions from board to board. Part of the problem is the elected leadership isn't looking too hard for replacements. And to a greater degree, there has been apathy on the part of the electors in Hayes Township. Nobody wants to volunteer for any of these appointments. Until new faces step up to do their civic duty, there will continue to be more of the same business as usual in Hayes Township. The local government will continue to be run by a small number of corrupt and entrenched officials. It's time to step up, people!
Next post: Section 1503.
Any mistakes in the quotations are as they appeared in the original source.
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