Planning Commission

~ Minutes of Meetings ~

Planning Commission
Elmira Township
County of Otsego
November 26, 2002

The Elmira Township planning Commission (PC) held a meeting on this date at the Elmira Township Hall, commencing at 7:00 p.m. with Duane Hoffman, Chair, calling the meeting to order. Also attending the meeting were Diane Purgiel, Gloria Torello, John Wiacek, Suzanne Bannister of the PC, and John Ernst who serves in an advisory role with the Otsego County Planning Commission. Others included Bryan Graham, who serves as the township's attorney.

Purgiel moved to approve the meeting notes from October 2002, and Bannister seconded.

New business

None

Ongoing business

Bryan Graham, Elmira Township attorney met with the PC. Specific question about billboards were asked. County zoning does not provide for a billboard ordinance, that is why the township has its billboard ordinance. The intent of the township billboard ordinance is to allow for billboards. (There was discussion about freedom of speech issues.) Along M-32 there is an area within the township where a billboard(s) may be placed. There is also an existing billboard in the village of Elmira. If/when the area(s) where billboard(s) may be placed in the township are filled/not available, then it is not the township's burden to change the ordinance to allow for more billboard placement.

Regarding "late fees" as described in the billboard application, a late fee shall serve to recoup administrative expenses, and shall reasonably related to the expenses the township incurs to process a late application. The intent of the late fee is not punitive. Purgiel moved to revise the billboard application late fee to an additional $50.00, Hoffman seconded, the motion passed unanimously. Torello shall make this modification in the billboard application.

To amend an ordinance, there first must be "new" ordinance written. Then the new ordinance needs to be brought to the Elmira Township Board (Board), and the Board must pass a motion to approve the amendments. To avoid having multiple approved ordinances which must be referred to, the "original" ordinance language may be rewritten into a "working document" with the new ordinance language included. When the new language is included, cite in parenthesis information like "as amended by Ordinance X as approved on 1/1/2000." This documents the "paper trial," or "ordinance trail." Note, on record there will be the ordinances approved by the Board, the working document will be more user friendly.

Torello will prepare a draft Billboard Ordinance amendment for the January 2003 PC meeting. Hoffman, please put this on the January 2003 agenda.

Purgiel will review past Board notes to confirm the Board officially designated the PC to perform the functions of reviewing billboard applications. If this information is not found, then Purgiel will bring the issue to the Board at the next Board meeting.

By-laws. It was originally thought the Board approved the revised By-Laws, but had not yet signed the By-Laws. However, Purgiel checked the Boards minutes and could not find any motion to approve the amended By-Laws. Purgiel shall phone Sue Shaedig, Board Secretary, to find out if a formal motion to approve the amendment was made. If it is determined the Board did not move to approve the amended By-Laws, then the Board will have to vote on it (again??) at there next meeting. When the By-Laws are approved and signed, Torello will provide a copy to PC members. Hoffman, please put this on the January agenda.

Next the bids for the master plan were reviewed. M.C. Planning and Design proposed a bid of $9,250.00. Wade-Trim proposed a bid of $14,800.00. There was discussion about inclusions within the bids: the number of meetings proposed with each, the cost of additional meetings, etc. Wiacek moved to accept the bid from M.C. Planning and Design, Bannister seconded. The motion passed unanimously. At the next Board meeting, Purgiel shall move to make final approval of the decision to retail M.C. Planning and Design, and request from the Board a budget of $15,000.00 for the plan.

Purgiel announced she intends to resign as the liaison between the PC and the Board. A different Board member will fill the post. Stay tuned.

The regularly scheduled December 2002 meeting would be on the 24th, Christmas Eve. So, unless there is an application received for the PC's review, with enough time to reschedule a meeting, then the December 2002 meeting will be canceled. The PC would then meet next on January 28, 2003.

Purgiel moved to adjourn and Banister seconded. The meeting adjourned at 8:40 PM.

Planning Commission
Elmira Township
County of Otsego
October 22, 2002

The Elmira Township planning Commission (PC) held a meeting on this date at the Elmira Township Hall, commencing at 7:00 p.m. with Duane Hoffman, Chair, calling the meeting to order. Diane Purgiel, Gloria Torello, and Suzanne Bannister of the PC attended. Jeff Purgiel also attended.
Purgiel moved to approve the meeting notes from September 24, 2002 and Bannister seconded.

New business

None

Ongoing business

The PC discussed the September 26, 2002 letter from Bryan Graham, township attorney concerning the billboard ordinance, and billboard application. Torello will make changes as appropriate to the billboard application. Before final changes are made:

" Purgiel will ask the attorney about justifying late fees. Specifically, will late fees be based upon the actual cost of a PC member going to a site multiple times, or will fees be similar to the structure associated with a Freedom of Information Act request.

" Purgiel will review past Board notes to confirm the Board officially designated the PC to perform the functions of reviewing billboard applications. If this information is not found, then Purgiel will bring the issue to the Board at the next Board meeting. Page 2, paragraph 3, Graham suggests documenting this.

" At the next PC meeting discuss the following: after the billboard ordinance amendment(s) are formally enacted (based on the copy enclosed with the September 26, 2002 letter from Graham), will it replace the existing billboard ordinance?

New topic. It was originally thought the Elmira Township Board (Board) approved the revised By-Laws, but had not yet signed the By-Laws. However, Purgiel checked the Boards minutes and could not find any motion to approve the amended By-Laws. Purgiel shall phone Sue Shaedig, Board Secretary, to find out if a formal motion to approve the amendment was made. If it is determined the Board did not move to approve the amended By-Laws, then the Board will have to vote on it (again??) at there next meeting. When the By-Laws are approved and signed, Torello will provide a copy to PC members.

Purgiel asked the township attorney about the availability for billboard placement in Elmira Township into the context of the ordinance restrictions. (In other words, where can a billboard be placed in the township with the current language in the ordinance?) Per the September 26, 2002 letter from Graham, it appears a billboard could be placed near the intersection of M-32 and Camp Ten Road.

Purgiel also asked the township attorney about accessory signs. Specifically, does on premises accessory signs need to be covered by the townships Billboard Ordinance, or are accessory signs covered by the county ordinance, Section 18.38? Per the September 26, 2002 letter from Graham, "the township would have no authority to regulate accessory signs under the billboard ordinance. Either a sign is a billboard requiring a permit or it is not. There is no such concept as an accessory sign in the context of this billboard ordinance."

Because of scheduling and workload, NEMCOG is no longer available to assist Elmira Township with a master plan. By the November PC meeting, Hoffman will request bids for a master plan from Mary Campbell of Boyne City, and Fran Brine of Wade Trim. The bid should include a build out drawing. The PC will review the bids and what is included.

The meeting included reviewing the "Things To Be Nurtured/Seeds To Plant/Weeds To Pull" paper that resulted from the visioning meeting. Garbage pick up was included.

Purgiel will try to arrange to have the township attorney at the next PC meeting. If the attorney is not available on the fourth Tuesday of the November, then the PC meeting may be scheduled for a different day when the attorney can attend. Otherwise, the next meeting will be held at the usual date-stay tuned. Specific question about billboards will be asked.

Torello moved to adjourn, and Purgiel seconded. The meeting adjourned at 8:41 PM

Planning Commission

Elmira Township

County of Otsego

September 24, 2002

The Elmira Township planning Commission (PC) held a meeting on this date at the Elmira Township Hall, commencing at 7:00 p.m. with Duane Hoffman, Chair, calling the meeting to order.  Also attending the meeting were Diane Purgiel, Gloria Torello, John Wiacek, Suzanne Bannister of the PC, and John Ernst who swerves in an advisory role with the Otsego County Planning Commission. 

Wiacek, Hoffman moved to approve the meeting notes from August 27, 2002 and Purgiel seconded. 

New business

 None discussed. 

Ongoing business

It was originally thought the Elmira Township Board (Board) approved the revised By-Laws, but had not yet signed the By-Laws.  However, Purgiel checked the Boards minutes and could not find any motion to approve the amended By-Laws.  Purgiel shall phone Sue Shaedig, Board Secretary, to find out if a formal motion to approve the amendment was made.   If it is determined the Board did not move to approve the amended By-Laws, then the Board will have to vote on it (again??) at there next meeting.  When the By-Laws are approved and signed, Torello will provide a copy to PC members. 

The board approved the draft billboard ordinance and the draft billboard application, with the drawings.  The Board forwarded both the township attorney for review and finalizing.

On September 6, 20002 the Board sent Tacey Schlink, Otsego County Administration, a letter stating the Elmira Township PC members must receive application(s) by the second Tuesday of the month, or the Elmira Township PC Chair must receive a total of six (6) copies of the application by the first Tuesday of the month so the chair can mail the copies to the PC members. 

Purgiel asked the township attorney about the availability for billboard placement in Elmira Township into the context of the ordinance restrictions.  (In other words, where can a billboard be placed in the township with the current language in the ordinance?)  And she asked the township attorney about accessory signs.  Specifically, does on premises accessory signs need to be covered by the townships Billboard Ordinance, or are accessory signs covered by the county ordinance, Section 18.38?  Answers will follow.

PC members discussed the township plan and where it is headed.  Included in the discussion was keeping development within the village of Elmira-perhaps revising zoning to allow for various developments in the village, and limiting development along M-32.  PC members looked at the existing zoning maps.

Ernst met with Ric Duel and Scott McPherson of the North East Michigan Council of Governments (NEMCOG) and discussed developing the Elmira Township’s plan more in line the Whitewater Township Master Plan.  It is possible to do this.  A revised cost estimate will be needed.  McPherson would write the plan and Duel would conduct the meetings.

Hoffman shall talk to Ric Duel by the next PC meeting to get more information from NEMCOG.

For the next PC meeting, all members shall review the “Things to be Nurtured” document that was put together for the public meeting after the survey data was tabulated.  This will be discussed at the next PC meeting.

The next PC meeting will be October 22, 2002 at 7:00 PM.

 Torello moved to adjourn, and Banister seconded. 

 The meeting adjourned at 8:50 PM.

Planning Commission

Elmira Township

County of Otsego

August 27, 2002

A meeting of the Elmira Township planning Commission (PC) was held on this date at the Elmira Township Hall, commencing at 7:00 p.m. with Duane Hoffman, Chair, calling the meeting to order.  Also attending the meeting were Diane Purgiel, Gloria Torello, John Wiacek, Suzanne Bannister of the PC. 

Purgiel moved to approve the meeting notes from July 23, 2002 and Hoffman, seconded, the motion passed. 

New business

Suzanne Bannister was introduced as the new PC member.  Suzanne fills the position vacated by Tim Baker.

Ongoing business

The Elmira Township Board (Board) approved the revised by-laws, but has not yet signed the by-laws.  When the by-laws are signed, Purgiel will provide a copy to PC members. 

The Board approved the draft billboard ordinance.  The Board also approved the draft billboard application, without the drawings.  John Ernst will provide the drawings by the next Board meeting.  When the board reviews and approves the drawings, then the ordinance and application with the drawings will be forwarded to the township attorney for review and finalizing. 

 Purgiel will ask the township attorney about the availability for billboard placement in Elmira Township in the context of the ordinance restrictions.  (In other words, where can a billboard be placed in the township with the current language in the ordinance?)

Purgiel will ask the Township attorney about accessory signs.  Specifically, does on premises accessory signs need to be covered by the Township’s Billboard Ordinance, or are accessory signs covered by the county ordinance, Section 18.38? 

Since Ernst was not present, at the next PC meeting we will discuss Ernst’s conversation with Rick Duel of NEMCOG to see if it is possible for NEMCOG to develop the Elmira Township’s plan more in line with the Whitewater Township Master Plan as previously discussed.

As of the PC meeting date, the Board had not yet sent Tacey Schlink, Otsego County Administration, a letter stating that Elmira Township PC members must receive application(s) by the second Tuesday of month, or the Elmira Township PC Chair must receive a total of six (6) copies of the application by the first Tuesday of month so the chair can mail the copies to the PC members.  Follow up is necessary.

PC members discussed Otsego County’s existing Future Land Use Map for Elmira Township. 

The next PC meeting will be September 24, 2002 at 7:00 PM. 

Purgiel, moved to adjourn, and Torello seconded.  The meeting adjourned at 8:40 PM. 

Planning Commission

Elmira Township

County of Otsego

Tuesday July 23, 2002

A meeting of the Elmira Township planning Commission (PC) was held on this date at the Elmira Township Hall, commencing at 7:00 PM with Duane Hoffman, vice chair, calling the meeting to order.  Also attending the meeting were Diane Purgiel, Gloria Torello, John Wiacek of the PC, and John Ernst who serves in an advisory role with the Otsego County Planning Commission.

The meeting notes from June 25, 2002 were discussed.  The Billboard Ordinance fee schedule was revised, see below.  The revised PC By-Laws need  to be revised again.  Specifically, Article III, 8, should read:  “… Commission members shall receive a complete application a minimum of two (2) weeks prior to our regularly scheduled commission meeting.  The Elmira Township Board shall send Tacy Schlink, Otsego County Administration a letter about the two-week requirement.  With these changes, Purgiel moved to approve the meeting notes  Hoffman seconded, the motion carried. 

New business

Tim Baker resigned as PC chair on July 9, 2002 because he moved out of Elmira Township.  Wiacek moved to make Hoffman the chair, Torello seconded, and the motion carried.  Purgiel moved to make Wiacek the new vice chair, Hoffman seconded, the motion carried. 

Ongoing business

The Billboard Ordinance went to final draft.  Torello will mark up the draft and e-mail an electronic copy to Purgiel in time for the next Board meeting.  Purgiel will ask Township attorney about availability for billboard placement in Elmira Township in the context of the ordinance restrictions.  (In other words, where can a billboard be placed in the township with the current language in the ordinance?)

The Billboard Ordinance Application is close to final draft.  By July 30, 2002 Ernst shall provide example drawings for the application.  Torello will insert the drawings into the application and make final revisions.  Torello will e-mail an electronic copy to Purgiel in time for the next Board meeting.  Purgiel will ask the Township attorney about accessory signs.  Specifically, does on premises accessory signs need to be covered by the Township’s Billboard Ordinance, or are accessory signs covered by the county ordinance, Section 18.38? 

Per a call from Purgiel to the attorney, if there is a violation of the billboard ordinance, the notice of violation goes to the permittee/applicant. 

Next we compared the Northeast Michigan Council of Government (NEMCOG) bid on the master plan and what it includes to the Whitewater Township Master Plan (WWTP) 1999.  Overall the PC members like the format of the WWTP.  Ernst shall phone Rick Duel of NEMCOG to see if it is possible for NEMCOG to develop the township’s plan more inline with the WWTP.  Specifically the WWTP has the background information as a separate addendum to the master plan, with the details of the master plan separated out.  Ernst will report his findings at the next meeting. 

The next PC meeting will be August 27, 2002 at 7:00 PM.

Wiacek moved to adjourn, and Torello seconded. 

The meeting adjourned at 7:45 PM.

Revised Billboard Ordinance:

1.      Application for a permit for a new billboard, $350.00

2.      Application for a permit for a structural change to an existing permitted billboard, $150.00

3.      Application for a renewal permit received by April 1, $150.00

4.      Application for a renewal permit and a structural change received by April 1, $250.00

5.      Application for a renewal permit received after April 1, $150.00 plus $100.00 application late fee. 

6.      Application for a renewal permit with a structural change received after April 1, $250.00 plus $100.00 application late fee.   

Violations and penalties of the billboard ordinance, per the jurisdiction in Section 8 of the ordinance, shall provide for $100.00 per day for the first 7 calendar days of the violation, and $500.00 per day for each calendar day thereafter. 

Planning Commission

Elmira Township

County of Otsego

June 25, 2002

The Elmira Township Planning Commission (PC) held a meeting at the Elmira Township Hall, commencing at 7:00 PM with Tim Baker calling the meeting to order. Also attending the meeting were Diane Purgiel, Gloria Torello, John Wiacek, of the Planning Commission (PC), and John Ernst who serves in an advisory role with the Otsego County Planning Commission.

The meeting notes from June 4, 2002 had two changes; Thursday was changed to Tuesday. With the changes, Purgiel moved to approve the meeting notes and Wiacek seconded.

There were no meeting notes for May 30, 2002 because a meeting was not held.  A note shall be put in the file.

New Business

Jan McKenzie did not attend the meeting.

A draft of an annual calendar was worked on.

Ongoing Business

Ordinance Number 1 of 2001 (Billboard Ordinance)

Purgiel said the Elmira Township Board (Board) approved the fee schedule for the billboard ordinance application.  See the April 23, 2002 meeting notes.

The PC shall submit to the Board a revised fee and penalty schedule.  Violations of the billboard ordinance and penalties of the billboard ordinance, per the jurisdiction in Section 8 of the ordinance, shall provide for $100.00 per day for the first 7 calendar days of the violation, and $500.00 per day for each calendar day thereafter.  (This needs to be confirmed at the next meeting.)

Purgiel spoke with the Elmira Township attorney regarding application fees. If an application for a billboard is made, but not approved, the PC does not refund the fee. The billboard application shall state this.

Modify Section 5 (a) (5) to include:

"A site plan. Free standing signs whose size is greater than fifteen (15) square feet, or whose overall height is greater than eight (8) feet must have a site plan and sealed proof architectural or engineering drawings showing compliance with the provisions of this ordinance. Wall signs twelve (12) square feet or larger and extending four (4) inches or more from the side of the building must have a site plan and sealed proof architectural or engineering drawings showing compliance with the provisions of this ordinance. All other sign applications shall have a site plan and drawings, but sealed proof architectural or engineering drawings showing compliance with the provisions of this ordinance are not needed."

This language needs to be added to the application as well.

Modify Section 5 (c) to include:

"All billboard permits shall expire on April 30.  Any billboard permit issued pursuant to this ordinance shall be valid from the date of issuance until the date of expiration (April 30), as written on the billboard permit.

Billboard permit(s) shall be renewed annually by the permittee by filing a renewal permit application(s). The official designated by the township board to assure continued compliance with this ordinance shall inspect the billboard after the renewal permit application and fee are received and then make a determination if the application can be approved."

John Wiacek moved "to designate that the PC vice chair shall be responsible for administration and enforcement of the Township of Elmira Ordinance Number 1 of 2001 (The Billboard Ordinance).”  Purgiel seconded, number in favor 4, opposed 0.

John Ernst shall scan the existing billboard ordinance and send an electronic copy to Torello, by July 9, 2002 if possible.  Torello will then make the changes to the billboard ordinance as noted above.

Purgiel brought the amended by-laws, from the June 4, 2002 meeting, to the Board, which the Board approved.  The amendment included:

"Article III Meetings, #8 Elmira Township Planning Commission members shall receive a complete application a minimum of two (2) weeks prior to our regularly scheduled commission meetings."

The Township Board shall send Tacey Schlink, Otsego County Administration, a letter stating that Elmira Township PC members must receive application(s) by the second Tuesday of month; or the Elmira Township Chair must receive a total of six (6) copies of the application by the first Tuesday of month so the chair can mail the copies to the PC members. 

Baker revised the By-Laws, and Torello shall provide the Commissioners a hard copy at the next meeting.

John Wiacek shall attend a training session on July 10, 2002 on the new planning laws.

Baker shall send to the PC members copies of the White Water Township master plan, and the June 20, 2002 letter from Rick Deuell of Northeast Michigan Council of Governments (NEMCOG).  Members shall review this information for the next meeting as it relates to retaining help in developing a township master plan.  NEMCOG’s bid for the master plan was $7,700.00 plus annual dues of $1,500.00. 

Ernst shall contact Scott McPherson of NEMCOG by the next meeting and find out who wrote the White Water Township plan.

Purgiel moved to pay a $10.00 invoice for the copy of the White Water Township master plan, Baker seconded, the motion passed unanimously.

Through Purgiel, the Board advised PC members that individuals must register and pay for any class registration fees. A reimbursement may be made with documentation that one took the class.  The next meeting shall be July 23, 2002 at 7:00 PM, Puriel will be absent.  Torello moved to adjourn, Purgiel seconded, the meeting ended at about 9:30 PM.

Planning Commission
Elmira Township
County of Otsego 
Thursday June 4, 2002

A meeting of the Elmira Township planning Commission (PC) was held on Thursday June 4, 2002 at the Elmira Township Hall, commencing at 6:00 PM with Tim Baker, Chair, calling the meeting to order. Also attending the meeting were Diane Purgiel, Gloria Torello, John Wiacek, Duane Hoffman of the PC, and John Ernst who serves in an advisory role with the Otsego County Planning Commission. Others in attendance included Steven Smiley, Terry Vink, and Eugene Flemming.

The meeting notes from April 23, 2002 were modified. The paragraph reading "All billboard permits will expire on April 30 of the year the permit is issued" was modified to omit the words "of the year the permit is issued." With this modification, Hoffman moved to approve the meeting notes from April 23, 2002 and Purgiel seconded.

It was noted any nuisance complaints shall be directed to Ron Geiger, Elmira Township Nuisance Officer. Geiger is also the liquor inspector. He may be located at 3821 Allis Road Elmira, MI 49730, telephone 231-546-3281.

New business included review of the application from Bay Windpower for a zoning variance for a temporary wind monitor tower. See the file for the application. The tower will monitor wind speed and direction at various heights. If the testing from the wind monitor tower proves useful, then in the future an application will be made to install a minimum of one permanent windmill, potentially more. The power generated by the windmill would be put out on the grid and sold. One windmill has the potential to supply power to 300-500 homes. Any potential future permit for a windmill would need to be reviewed on its own merit.

Torello made the following motion on the wind monitor tower application:

I move that the request by Steven Smiley, Vice President of Bay Windpower, whose mailing address is P.O. Box 777 Suttons Bay, Michigan 49682, for a zoning variance request to construct a temporary wind monitoring tower measuring 164 feet in height, six inches in diameter, with a 110 feet guy wire radius, with no concrete, no excavation, no lighting, no water, no sewer, no electrical used, and the structure is proposed to be in place six months to one year, on property located at 3613 Hallock Road Elmira Township, T31N, R4W, Section 14, parcel code 060-014-200-020-01 owned by Terry and Joann Vink, Case Number ZBA-2001-09-EA be approved with the following conditions: Be approved under 23.5.2.5 , "temporary building uses not to exceed 12 months but may be renewed upon request for not more than two, six month extensions. "

Additional Comments: The Elmira Township Planning Commission recommends the Otsego County Planning Commission review the existing Otsego County Zoning Ordinance 18.44. The Elmira Township Planning Commission recommends windmill-monitoring towers and windmills be defined and regulated in the Otsego County Zoning Ordinance.

Purgiel seconded the motion. There were a total of 5 votes in favor of the motion. There was no opposing vote. The motion passed.

New business also included a motion by Purgiel as follows:

I Diane Purgiel make a motion to amend the by-laws to include the following:

Article III Meetings

#8 Elmira Township Planning Commission members shall receive a complete application a minimum of two (2) weeks prior to our regularly scheduled board meetings.

Torello seconded the motion. There were a total of 5 votes in favor of the motion. There was no opposing vote. The motion passed. Purgiel will bring this to the Elmira Township Board. Details of who mails the application(s) need to be addressed.

Officers were elected. Hoffman moved to retain offices as they are currently in position. Wiacek seconded the motion. There were a total of 5 votes in favor of the motion. There was no opposing vote. The motion passed. Baker is the chair, Hoffman is the vice chair, Torello is the secretary.

Baker is selling his house and building a new one in Elmira Township. While building, Baker may rent outside of Elmira Township. Purgiel will check with the Township attorney to determine if Baker may retain his seat on the planning commission if he temporarily moves outside the township lines. If Baker is unable to retain his seat, the situation will be dealt with at that time.

Ongoing business included discussion of the master plan. Torello is gathering information for the next meeting regarding Northeast Michigan Council of Government’s availability and cost in being retained for complete our master plan. This information should be available at the next meeting.

Ernst will provide a copy of master plan for White Water Township for the next meeting.

The next meeting will be held on June 25, 2002.

Hoffman made a motion to adjourn, and Wiacek seconded.

The meeting adjourned at about 8:30 PM.

© 2001 Elmira Township

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