At the Tuesday 1/9/18 meeting, the Board of Trustees tabled action for a future meeting. Apparently the Board received additional information from the applicant after the Board meeting packet was put together, so they wanted time to review that.

Representatives of Blossom Ridge senior living explained their intent for the liquor license. It would allow residents to have drinks or wine with dinner and allow drinks to be served at resident events in their clubhouse (for example a wedding shower for a resident’s granddaughter). The type of license they are applying for would not allow them to refuse service to outsiders, who are not Blossom Ridge residents, but they don’t plan to encourage that. For example they don’t plan to post advertising signs. Apparently their experience at other senior living centers run by Moceri owned companies is that outsiders don’t take advantage of the legally available liquor for sale.

Oakland Township Sentinel has sorted  entries in 2017 PRC minutes by 58 subject categories into a 128 page pdf  document titled “PRC Meetings 2017” This pdf is available above under “Useful Reference Material / Parks and Recreation” menu.

Some key items in 2017 were:

• 209 acres were acquired to expand 60-acre Stony Creek Nature Park (a Township Park that is directly north of, but not to be confused with, Stony Creek Metropark.) The cost was about $2,900,000 with about 75% from a Michigan Natural Trust Fund Grant (State land oil and gas lease money)
• Gallagher Creek Park development plans with picnic and play areas were solidified. (9 pages)
• Paint Creek Trail Bridge 33.7 plans ($750,000 – mostly grants) were solidified for replacement in summer of 2018 (42 pages)
• Plans were made to have kayaking at Draper Twin Lakes Park.
• Dr. Ben is on top of fighting invasive species,  including phragmites,,  and restoring prairies with a new truck
• Encroachment has been dealt with through letters to residents, surveys, markers, police contact and courts when necessary.
• Events draw ever larger numbers of residents – Goodison Good Thyme, Winter Carnival, Open Houses at Lost Lake Nature Park, Music in the Meadows, Sledding
• PRC continues to work cooperatively with the Historic District Commission to assure a seamless fit between Cranberry Lake Park and the Historical Cranberry Lake Farm & Farmhouse
• As required by our Zoning Ordinance site plans for a new housing development were reviewed
• PRC, especially Commissioner Blust, made  constructive comments to Planning Commission regarding the all-important Master Land Use Plan.
• PRC Honored past PRC members

PRC minutes, prepared by long-time Recording Secretary, Ingrid R. Kliffel, are the “Gold Standard” of township minutes. By reading PRC minutes one can get an excellent summary of what transpired at each meeting. You get the all-important deliberation leading up to a vote, including summaries of what each citizen had to say.

You can get all the background on an issue or issues, without watching hours of meetings or videotapes. If you choose to get involved you can do so from a better informed viewpoint.

I encourage you to read the minutes each month to see if there is anything you may want to give input to PRC in person or by email. I failed to do this in 2017. I regret missing the opportunity to support long-time township resident Marty McClure on his concerns about Paint Creek Trail Bridge 33.7 design.

I have cut and pasted the minutes in chronological order by subject for the Board of Trustees, Planning Commission and Zoning Board of Appeals into a 59 page pdf document. It has a table of contents with 55 subjects and can be seen under the Board of Trustees on this website above under “Useful Reference Material / Annual Summaries”

 Take a look at a subject that interests you and follow chronologically to see what was done on your subject of interest. Remember that “The Board Speaks Through its Motions”. Only with a Board approved motion can you be sure what their official position is on most topics. I say most topics as the three officers do have some authority and responsibility under State Law for performing their duties as Supervisor, Clerk and Treasurer independent of full Board review.

I am not an attorney and this is not legal advice. Consult with an attorney if you intend to file a notice of intent to file a petition or any other legal action.

If you are dissatisfied with the new revised zoning ordinance you can file a petition to have its adoption decided by a special election. This was last done in Blossom Ridge rezoning and the rezoning was overturned by voters but later reinstated by a consent agreement when our Board feared the potential financial and zoning consequences of letting a judge decide.

You first file a notice of intent to file a petition within seven days of publication. The Zoning Ordinance will be published soon. Then you need a lot of signatures. To me it looks like 1086 are needed, but I am not sure which of the sections below apply from Zoning Enabling Act 110 of 2006.

 

“125.3402 Notice of intent to file petition. Sec. 402. (1) Within 7 days after publication of a zoning ordinance under section 401, a registered elector residing in the zoning jurisdiction of a county or township may file with the clerk of the legislative body a notice of intent to file a petition under this section. (2) If a notice of intent is filed under subsection (1), the petitioner shall have 30 days following the publication of the zoning ordinance to file a petition signed by a number of registered electors residing in the zoning jurisdiction not less than 15% of the total vote cast within the zoning jurisdiction for all candidates for governor at the last preceding general election at which a governor was elected, with the clerk of the legislative body requesting the submission of a zoning ordinance or part of a zoning ordinance to the electors residing in the zoning jurisdiction for their approval. (3) Upon the filing of a notice of intent under subsection (1), the zoning ordinance or part of the zoning ordinance adopted by the legislative body shall not take effect until 1 of the following occurs: (a) The expiration of 30 days after publication of the ordinance, if a petition is not filed within that time. (b) If a petition is filed within 30 days after publication of the ordinance, the clerk of the legislative body determines that the petition is inadequate. (c) If a petition is filed within 30 days after publication of the ordinance, the clerk of the legislative body determines that the petition is adequate and the ordinance or part of the ordinance is approved by a majority of the registered electors residing in the zoning jurisdiction voting on the petition at the next regular election or at any special election called for that purpose. The legislative body shall provide the manner of submitting the zoning ordinance or part of the zoning ordinance to the electors for their approval or rejection and determining the result of the election. (4) A petition and an election under this section are subject to the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992. History: 2006, Act 110, Eff. July 1, 2006.

125.3403 Amendment to zoning ordinance; filing of protest petition; vote. Sec. 403. (1) An amendment to a zoning ordinance by a city or village is subject to a protest petition as required by this subsection. If a protest petition is filed, approval of the amendment to the zoning ordinance shall require a 2/3 vote of the legislative body, unless a larger vote, not to exceed a 3/4 vote, is required by ordinance or charter. The protest petition shall be presented to the legislative body of the city or village before final legislative action on the amendment and shall be signed by 1 or more of the following: (a) The owners of at least 20% of the area of land included in the proposed change. (b) The owners of at least 20% of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change. (2) Publicly owned land shall be excluded in calculating the 20% land area requirement under subsection (1). History: 2006, Act 110, Eff. July 1, 2006.”

There were 7240 votes cast in the November 2014 gubernatorial election as shown in county voting results.

Precinct	Ballots Cast	Registered Voters	Voter Turnout
Oakland 1	1,041	1,782	58.42%
Oakland 2	907	1,883	48.17%
Oakland 3	471	790	59.62%
Oakland 4	944	1,581	59.71%
Oakland 5	941	1,816	51.82%
Oakland 6	1,032	1,921	53.72%
Oakland 7	1,149	2,229	51.55%
Oakland 8	755	1,284	58.80%
Total	7,240	13,286	54.49%
15%	1086

Notice in Rochester Post 12/28/2017

 

Remember, I am not an attorney and this is not legal advice.

 

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