ARVON TOWNSHIP PLANNING COMMISSION SPECIAL MEETING
LAKESIDE INN, BARAGA, MI NOVEMBER 6, 2019
CALL TO ORDER: 6:00 p.m.
ROLL CALL AND RECOGNITION OF VISITORS: Bette Gabe, Chairman; Dorothy Nankervis, Trustee; Mary Deline, Trustee; Joe Bollech, Trustee, Jay Loman, Trustee. Absent: Keith Erickson and Linnea Barron due to prior commitments. Visitors: Attorney Joshua Nolan on-screen via teleconference (in real-time); Burt Mason, moderator for teleconference; and eighteen persons in the audience (list of attendees filed with minutes).
PLEDGE OF ALLEGIANCE: The pledge of allegiance was recited.
APPROVAL OF AGENDA: Motion made by Dorothy Nankervis to accept the agenda, seconded by Mary Deline.
OLD BUSINESS: Chairperson, Bette Gabe, gave a short presentation on the status of the proposed utility WECS amendments developed by the planning commission board up to this point. She explained that the board is seeking additional legal counsel based on a short presentation from township attorney Steven Tinti on October 7, 2019. His recommendation was to have zoning amendments that are defendable in a court of law.
NEW BUSINESS: A teleconference was set up with attorney Joshua Nolan to share legal information concerning WECS amendments. The main request of the planning commission board was to gain information to develop ordinances that will stand up in a court of law. He stressed the need to show a rational reason between zoning and the health, safety and welfare of the citizens. Attorney Joshua Nolan felt some proposed amendments were not defensible and some were. He critiqued all five proposed changes as well as giving his legal opinion on other sections of the industrial WECS section of the Zoning Ordinance.
Much information was shared with the board to take back and use to amend the Wind Energy Systems (WECS) Zoning Ordinances of Arvon Township. The information will align with the advice from attorney Steven Tinti and give the board members a rationale for zoning ordinances. With this information in place all proposed amendments, as well as other sections should be defendable in a court of law.
PUBLIC COMMENT: Several members shared information regarding setbacks, zoning information from other townships and their opinions.
ADJOURNMENT: Motion made by Dorothy Nankervis, seconded by Joe Bollech, adjournment at 7:12 p.m.
Submitted by Mary Deline for absent Secretary Linnea Barron