Township Manager Dale Stuart’s  report at 12/12/17 Board of Trustees Meeting:

“The Fire Department in the manner and quality of the service it delivers to the community is an issue of the highest priority to the Board of Trustees and the management of the Fire Department. Chief Strelchuk, Assistant Chief Danek and I have been preparing a report for the Board of Trustees that discusses the current status of the Department, possible changes to consider, response times and department needs. It is important that this document provides rationale and supporting documents. We have made considerable strides in its preparation. Once that data is collected it will presented to the Fire Subcommittee and thereafter the Fire Subcommittee will make recommendations to the full Board.”

Mr. Stuart – When can voters expect to see this report?

Mike Bailey and Board of Trustees – Why have you not insisted on a deadline for this report to the Board, if it is the highest priority to you?

 

In reading this please be advised that I am not an attorney and am not giving legal advice. If you need legal advice, get advice from an attorney. These are my views as a layman.

(References to our zoning ordinance refers to the proposed revision of Ordinance 16, which had its first reading 12/12/2017. The referenced sections are strengthened versus our current ordinance, to make developments meet more requirements. )

I followed Oakland Township affairs very closely during 2013, 2014 and 2015. I either attended each meeting of Board of Trustees, Planning Commission and Parks and Recreation Commission (except subcommittees) in person or by watching the video or then read the resulting minutes. I then usually attempted to summarize the results in Oakland Township Sentinel. Attempting to summarize forced me to understand more fully what had transpired.

My observation during that time was that issues of Zoning and Planning were the main issues that would bring voters out with “torches and pitchforks” to comment at public meetings. The predominant sentiment was usually “I don’t want this housing development, high-density housing, gas station, parking lot for a park, etc. near me, please stop it altogether!”

One resident has suggested that all the Board has to do is declare an indefinite “moratorium” on development.

The problem is that stopping a development altogether is not an option if the request fits our zoning ordinance.  

However,

If the development proposal requires rezoning, voter opinion against the re-zoning can stop it, or a prompt voter referendum initiated by voters can reverse the decision of our Board. However the Township can still be beaten in court by a developer willing to spend big lawyer $$ on variety of arguments and depends on a judge’s views of law and fairness and the Board’s views on the possible financial exposure of resistance (consider Novi’s recent $40,000,000 lawsuit judgment).

If the development proposal requires approval of a special land use listed in 16-500 to 16-528 of our zoning ordinance, residents can and should assist our Planning Commission by providing convincing arguments why the request for special land use does not meet the criteria in our zoning ordinance in section 16-502 “Special Use Review Standards” so the request for special use can be rejected.

 

If you are serious about being a lay expert, knowledgeable enough to evaluate our Board decisions about Zoning and Planning, the education steps in order in my view are:

 

Read Michigan Zoning Enabling Act (link on this site)

Read Michigan Planning Enabling Act (link on this site)

Read our Oakland Township Ordinance 16 (link on this site)

(You don’t need to read every word, but get an idea of what is in it.)

Oakland Township Master Land Use Plan (link on this site)

 

Read Michigan Planning and Zoning and Land-Use ($145 – hardcover, $135 for one year on-line) by ICLE http://www.icle.org/Modules/Store/Books/book.aspx?Product_CODE=2008557140

You can get this at the library via Melcat, but often only very old editions are available. (Again, you don’t need to read every word, but get an idea of what is in it.)

 

 

Now you have a list of questions that can be answered at this excellent $275 Citizen Planner course

http://msue.anr.msu.edu/program/info/michigan_citizen_planner

 

 

 

 

 

 

Recently there were some questions posed to me by a voter about the township’s ability to restrict oil and gas wells.

This issue came up in 2015 when it was realized that a lease existed for property adjacent to Musson Elementary School. I believe residents were made aware of this lease by members of “Don’t Drill the Hills” of Rochester Hills, who were against proposed drilling in that city.

The applicable state law and entries in our local minutes are at this link below (see especially highlighted sentences):

Oil and Gas Drilling

 A summary:

I am not an attorney and this is not legal advice. Seek an attorney’s advice if needed.

State law MCL 125.3205 takes away from counties and townships all powers to restrict drilling. All we can do is a few things like require a fence and screening, but we can’t deny drilling. Cities have more powers and can zone against drilling and force the driller to prove need and lack of adverse impact.

Our July 14, 2015 6 month “moratorium” imposed while we wrote an ordinance for fences and screening, would not have stood in court,  as we were reminded by Petroleum Institute representative  at BOT 12/8/2015

 

This 17 page explanation from Road Commission found on Brandon Township website is mostly accurate. One can question how effectively RCOC uses their small funds – a different story.

Click to access Road_Maintenance_and_Funding_guide.pdf

The key thing to know is that our Board has little sway over roads unless they were to increase our taxes and take over from the County, which State Law prevents them from doing unless we vote to become  a city, not a remain township.

Resident Marty McQuade recently sent this letter to Supervisor Mike Bailey and our Township Board.

McQuade Letter – OTFD Deficiencies – 12-10-2017

It expresses his concern about the slow pace of addressing Fire Department manpower issues. With his background as the top corporate executive for the Dupont Co Automotive Division in Detroit, Mr. McQuade some did volunteer consulting for the Fire Chief. The resulting 10-Year Strategic Operating Plan was presented to a Fire subcommittee and Township Manager by the Fire Chief in late 2015. I was there. This draft plan was never accepted, rejected nor even discussed at any Board Meeting.

OTFD 10 Yr. Strategic Operating Plan (2)

 

 

I attempted to get our past year’s EMS ambulance response time data report with Freedom of Information Request #1756. My request was denied. The denial letter said that this data contains patient information that is confidential under HIPAA. Since, in recent FOIA 1747, I received similar response time data for the period 10/1/15 to 5/31/16 and it contained no confidential patient information, I am appealing this denial as allowed under FOIA laws.  A Special Meeting was set for Wednesday at 3 PM.  One wonders why this could not have been scheduled for the regular meeting.

I assume there was some confusion on the part of whoever denied my recent request. Although the Deputy Clerk writes the denial letter, I assume that others actually write the response for her. For example, Attorney Dan Kelly told me recently that he sees all FOIA requests

 

Dale Stuart, our Township Manager, will be commenting at the end of tomorrow’s Board of Trustees Meeting (very long agenda) on the status of planning by Fire Department to improve EMS and fire responses. This is according to comments today by Township Supervisor Mike Bailey. He did not reveal he contents of Mr. Sturt’s remarks.

The chain of command for operations is that Fire Chief / Emergency Manager Paul Strelchuk reports to Township Manager Dale Stuart who reports to the seven member Board of Trustees. Our understanding is that “Fire Management” is making the plans.  We take this to mean Township Manager Dale Stuart, Chief Paul Strelchuk and Assistant According to Township Supervisor Mike Bailey, Chief Lou Danek.

The meeting can be seen on Channel 17, on the Township website live or later on videotape.

 

This email was sent out today.

 

To:

Mike Bailey

Township Supervisor

Oakland Township

 

cc: Board of Trustees, Dale Stuart, Paul Strelchuk, Lou Danek

 

Subject: Request for Supervisor to add an agenda item at 12/12/17 Board of Trustees meeting – “Set deadline for initial report (description of problems) on fire and EMS response times”

 

I ask that you add an agenda item allowing a motion to be made at 12/12/17 Board meeting that “Fire Management should present, no later than the January 9, 2018 Board meeting, a description of the fire and EMS response time problems. This should include response time historical data to illustrate the problems and serve as a baseline to judge the effect of any changes in the “response protocol”

I am disappointed that a report Chief Strelchuk and Assistant Chief Danek are not included on the agenda for the 12/12/17 Board of Trustees meeting. After 27 months it seems that now is the time for the Board to set some deadlines for this ongoing work to improve response times.

But, how can any solutions be pursued until Fire Management and the Board agree on the problem to be solved or improvement to be made? Defining a problem (with data if possible) and getting agreement on the level of improvement desired and by when before pursuing solutions, is standard industry practice in today’s world. The attached Chapter 16 “Project Charter” gives very good guidance on this point.

We have been quite properly reminded that the “Board speaks through its motions”, when we have tried to hold the Board accountable for a statement from an individual Board member.

What follows is the entire Board record on this issue – one motion and two statements by individuals. The Board has assigned nothing specific to be done via a motion.

 

BOARD OF TRUSTEES  AUGUST 25, 2015 – REGULAR MEETING  PAGE 4 of 5

“1. Chief Strelchuk – 10-Year Strategic Operating Plan

 

MOTION by Langlois, supported by Reilly to form a subcommittee regarding a 10-Year Strategic Operating Plan for the Fire Department consisting of Trustees Ferriolo, Giannangeli and Buxar.

 

Motion carried unanimously.”

 

*****************

 

Dale Stuart, Township Manager, 11-4-2017 Board of Trustees Meeting, Video Chapter 11

“Recently there have been comments regarding the response time experienced by the fire department while responding to medical issues and fires. It has been proffered that the Oakland County medical control board has set certain standards as to acceptable response times for an ALS unit. That is true; there are such standards. Fire Management is currently re-evaluating its response protocol and exploring ways to improve all fire tactical operations. This is an ongoing exercise and one that we take seriously and that has been ongoing for some time. There is no simple, easy or quick way to deal with the various issues; but as we get those prepared we will deal with the fire subcommittee and the Township Board to provide to you what options we think are available. “

 

*******************

 

Mike Bailey, Township Supervisor, 11-4-2017 Board Trustees Meeting, Video Chapter 12

“And as Township Manager Stuart indicated, the Board awaits input from Chief Strelchuk and Assistant Chief Danek as to their plan to improve our EMS and Fire response times. That’s a matter of record and they are challenged to come back and tell us, the fire subcommittee first, and then the board what things they are going to be doing in that regard.”

 

As always, I stand ready to assist Fire Management with problem definition and/or data analysis if invited.

Voters have a right to understand these problems now, so they can input to the Board the fire / EMS response times they desire.

 

Bob Yager

12/9/17

I Am Against Enforcement Section 16-111 of Proposed Revised Zoning Ordinance #16

At the Tuesday, 12/12/17 Board of Trustees meeting, I will be speaking against the unduly abrupt enforcement process detailed in section 16-111.  It says, “…enforcement shall follow the procedures set forth in Ordinance No. 80….”

Ordinance No. 80 says,  in 02.03.00 –“ (1) An authorized official who witnesses a person violate an ordinance, the violation of which is a municipal civil infraction, shall prepare and subscribe, as soon as possible and as completely as possible, an original and three copies of a citation.”

The above proposed enforcement process contradicts both –

1. the progressive enforcement process outlined by Township Manager Dale Stuart in remarks at Board of Trustees Meeting 10/24/2017 (Video Chapter 9). He said that, “Only after repeated attempts to get voluntary compliance do we resort to issuing a ticket for a court appearance.”

 

and –

 

2. the recommendation of the Institute For Continuing Legal Education (ICLE) advice to Municipal Lawyers below.

 

(Below is from Michigan Municipal Law, by ICLE Chapter 9,” Ordinance Enforcement.” Section 9.3 “Ordinance Examples”)

“Zoning. Municipalities can adopt and enforce zoning ordinances as authorized by the Michigan Zoning Enabling Act, MCL 125.3101 et seq. Most zoning violations have been decriminalized and are prosecuted as civil infractions. The primary goal in the enforcement of zoning regulations is to obtain compliance with the zoning ordinance, so tickets are written when letters, personal visits, and warnings have been disregarded. The imposition of fines and costs by the court is a dissatisfying result if the underlying zoning violation is not corrected. Personal visits by zoning enforcement officers are very important in establishing the factual basis of an alleged violation and in obtaining compliance. Photographs of the condition of the property are critical, because visual evidence of an unpaved parking area, a porch built into a setback area, or a car parked on the front lawn are powerful evidence of the violation. Warning letters or notices advising the owner or occupant of a zoning violation help obtain compliance and are good evidence of delay in responding to requests for compliance. Unless required by local code, letters and notices of zoning violations do not have to be sent by certified mail.

A notice of a zoning violation may very well be an order or determination of the zoning official that can be appealed to the local zoning board of appeals before a citation is issued. The interpretation of the zoning ordinance usually is handled by the zoning board of appeals, if an appeal is filed to request the interpretation. The property owner or occupant does not have to wait for a ticket and a court hearing to receive an interpretation of the zoning ordinance. ”

 

I will also speak against the section that makes you a first offender, subject to a misdemeanor on a subsequent “violation”, even if your first ticket is dismissed. See below 16-111(1).

Here is the proposed section 16-111 that the Board will be voting on.

 

 

Feel free to support me in my remarks.

No, I am not running for anything. I just want fair and respectful treatment for me and my fellow citizens.

Bob Yager

12/8/2017

 

RochestreAn ad-hoc study committee has been asked by Rochester City Council to study how to provide future services and funding in light of a “development boom”. Specifically to study –

• Rescue operations
• The Department’s structure
• Response Times
• Equipment
• Expectations from the Public

The committee consists of

• Fire Chief
• City Manager
• 1 City Council Member
• 2 Residents

Calls have risen dramatically –

Year	Calls	Fire Stations	Firefighters / EMS (Paid-on-Call)	Budget
2008	520	1	27
2016	1626	1
2017 (estimated total calls))	1900	1	45	$1,330,000

Rochester is 3.83 square miles in area, about 10.4% of Oakland Township area. Population is estimated in 2016 at 13,017 with a 43% increase in seniors from 2008 to 2016.

Sources of information “Downtown Rochester”, December 2017, pages 35, 46 and Wikipedia census data.