PRESQUE ISLE TOWNSHIP ZONING BOARD OF APPEALS
MINUTES OF THE REGULAR MEETING
held January 5th, 2010

Chairman Jerry Broad called the meeting to order at 7:00 pm.

The Pledge of Allegiance was recited.

Roll Call: Jerry Broad, David Lange, Cynthia Paavola, and alternate Bill Lewis were present. Absent with excuse was Don Osgood, and N. Kirchner due to illness.

Audience: Office Staff Erika Comerford

Agenda: D. Lange asked for the topic of "January 18th Training" to be added under "OTHER BUSINESS". The agenda was approved as presented with the above stated addition.

Minutes: There were no additions or corrections to be made to the minutes of the October 6, 2009 meeting, therefore, they were approved as printed.

Election of Officers for 2010: C. Paavola nominated J. Broad for chair. She was seconded by B. Lewis. C. Paavola nominated D. Lange as vice-chair. She was seconded by B. Lewis. C. Paavola nominated N. Kirchner as secretary. She was seconded by D. Lange. Due to no other nominations being made, the above stated nominations were considered to be unanimously approved.

Hearings: none

OLD BUSINESS: None

OTHER BUSINESS

ZBA Meeting dates for 2010: The regularly scheduled meetings for 2010 are to be:
April 6, 2010
July 6, 2010
October 5, 2010
January 4, 2011

Review duties and responsibilities of ZBA Members: J. Broad passed out an article titled "Variance Madness: Trying to Fit a Square Peg in a Round Hole" written by Attorney Cliff Blood that was published in the November 2006 edition of the Michigan Township News. They also reviewed their checklist for decision making. He stated that the ZBA is like a court run by a judge. They are to look at only the facts, laws, and rules and not to be swayed by friendship, opinion, or emotion. He also stated that if a case does go to court, the courts are more concerned about and look heavily at how the decision was made rather than what the decision actually was. With that being the case, it is very important for the ZBA to make sure that all of the standards and/or criteria are met, not just some of them. A majority of points is not acceptable. J. Broad asked members if they felt that the criteria check list that they had to work off of was easy to follow and use, and all members present agreed that it was. He stated again, that when using these criteria, they need to make sure to go through all of the points, and adhere to all of them, not just some. They continued to read through points in the article, and, were recommended to take it home and read through it fully. B. Lewis asked whether or not there was any reference to "grandfathering" in the article. J. Broad responded that there was not, and some of the rules of the ordinance were discussed at that point. C. Paavola stated her concern regarding people's lack of knowledge or understanding that this is a zoned township, and that they need to ask questions before they just start building things. She suggested having signage stating "Presque Isle Township - A zoned community" put up, or making some other types of public effort to help educate or bring awareness to the fact that there are zoning rules. Members agreed this was a good idea. A joint meeting between the ZBA and Planning Commission was discussed, and members thought it was a good idea. It was also reminded that each member is required to attend training every year. There was overall concern over D. Osgood's attendance and training record. Being that it is up to the township board to make the ultimate decision regarding members, it was agreed that C. Paavola make a recommendation to the board to switch B. Lewis and D. Osgood to make B. Lewis a regular member and have D. Osgood as the alternate. The by-laws and other points of rules and rights of the ZBA were also reviewed.

Review Pay Request and Request for Reimbursement forms: J. Broad handed out copies of each form and distinguished the difference between the two. Pay needs to go on one, and mileage/meals needs to go on the other. Everyone was clear with the difference.

Review letter from Clif Taylor regarding perceived inconsistencies during ZBA meeting on 10/06/09: All members had read the letter and felt that they understood his concerns and had addressed most of them in the discussions had earlier while reviewing the article and their criteria sheets.

January 18th Training: D. Lange stated that the township's consultant, Greg Milliken, is going to be coming early to do training for the ZBA members. Training will begin at 3:30 and go until appx. 5:00. At that time, training for all committees/commissions will begin, and the Parks and Rec has been invited to attend as well. This training will count towards the annual requirement for this year. J. Broad was concerned about the time. He will not be able to make it right at 3:30, but will do his best to get there as soon as he could.

Review form for granting/denying variances: The form was reviewed earlier in the meeting. Members present agreed that it was fine the way it was. J. Broad had also reminded that the ZBA has the right to adjourn a hearing without making a decision if they feel they need to collect more information, facts, etc before being able to come to a conclusion.

D. Lange commented on the term dates listed at the bottom of the agenda. Being that C. Paavola is a board appointed position, her term is actually up for reappointment annually. The chart was updated accordingly to reflect that point.

Adjournment: There being no other business to discuss, the meeting was adjourned at 7:45 pm. The next regular ZBA meeting is scheduled for April 6, 2010 at 7 pm.

Minutes submitted by: Erika M. Comerford, Presque Isle Township Office Staff