STILL SHAKING MY HEAD...!!!

The Planning Commission's regular meeting was held last evening.  There are a  number of matters to be related, but this post shall focus on just one item that came up.

An item had been placed on the agenda by Commissioner Butch Hansen:  "Eureka Township Zoning - Duck Book."  The "Duck Book," for those of you unfamiliar with it, is the book containing some of the older Eureka Ordinances which happens to have a black-and-white line drawing of a duck on the cover; hence the folksy term.

Mr. Hansen explained that he had put this item on the agenda and had each Commissioner provided with a copy for their benefit because older uses are "governed" (even today) by the older Ordinance in effect when the use started.

In response to Hansen's statement, Commissioner Fritz Frana read a portion (Ord. 1, Ch. 3, p. 4) of the Ordinance to the group:

Chapter 3: Repealing Old Ordinance 

All general ordinances of the township passed prior to the adoption of this 
Ordinance are hereby repealed, except such as are included in this Ordinance or 
are by necessary implication herein reserved from repeal. 

(Emphasis mine.)

Because of this, Frana stated that he did not believe that the "Duck Book" governs today.  He is correct. Indeed, it may be useful as a historical document and does detail the circumstances under which earlier uses were permitted, but, unless portions are carried forward into the current Ordinance (and this would make it part of the current Ordinance) they are not applicable today, having been repealed.

To give a very simple example:  If an existing garage had been built under an older Ordinance which required only a ten-foot side lot line setback, this older, although repealed, Ordinance can document that this was, in fact, lawful at the time and was done properly.  A property owner could not be required to move his garage today just because the newer and existing Ordinance now calls for a thirty-foot setback.  However, any new garage or accessory building must meet the current setback of thirty feet.  The original garage has become a non-conforming structure.  That is, it was lawful when established, newer Ordinances changed the setback, but the older structure can continue where it is.  But, if it were to be torn down to be replaced, the replacement would have to meet the current thirty-foot setback requirement, not the old ten-foot one even though what it is replacing was built under that older regulation.  The Ordinance has changed; the community now requires a greater setback. Seems simple enough, reasonable enough?

Apparently not to all.  Hansen, who is running for Supervisor, requested that the question be put to the attorney as to whether it isn't true that non-conforming uses are governed by the Duck Book, not by the current Ordinance.  He stated that this is his "opinion." Now, I am all for seeking attorney opinion when necessary, but can we not read a straight-forward paragraph and understand it without spending taxpayer money for the obvious?

Supervisor and Primary Attorney Contact Person, Kenny Miller, was the Board liaison for the meeting.  Miller has been on the Board twice and the Planning Commission once, yet he did not clarify for the Commission that Ordinance 1, Chapter 3, means exactly what it says it does!  CURRENT ORDINANCE GOVERNS.

Board Chair and Secondary Attorney Contact Person, Pete Storlie, was also in attendance at the meeting. Storlie has been a Planning Commissioner and is currently a Supervisor running for re-election, but he did not clarify for the Commission that Ordinance 1, Chapter 3, means exactly what it says.  OLDER ORDINANCES ARE REPEALED unless carried forward in the current edition.

What IS going on here?  Well, Township Attorney Chad Lemmons will be in attendance at the next Commission meeting to answer this and other questions that the Commission have.  It would be nice to think that some of these very basic understandings can be attained by all and these confusions could once and for all be laid to rest. 

As a taxpayer, I would like to see the "grey beards" pass on their knowledge on these straightforward items to newer officials without reinventing the wheel every time the composition of  the body changes.  This used to be done.

As a taxpayer, I would like to see monies spent efficiently and when necessary.

  

As a taxpayer and citizen, I would like to see that basic training sessions are required for all Planning Commissioners and Board Supervisors.

As a taxpayer and a citizen, I would like all Township officials to frequently revisit the Ordinances and to bring their copies to each meeting for easy reference, whether electronic or hard copy.  Want to guess who did NOT have an Ordinance copy at the meeting?  Frankly, sometimes sitting there at Commission and Board meetings, I wonder if certain individuals have ever even read the entire Ordinance, much less check it often.

As a citizen, I expect all citizens to be treated evenly, consistently, and without favoritism, according to the Ordinances.

While it is true that having certain specific issues can spearhead momentum and motivate the "silent majority" to vote, I have always held that the most fundamental and important role of this government is to see that our community's laws are carried out and are applied to all, whether neighbor, relative, friend, acquaintance, or even Board Supervisor or Planning Commissioner! Over my years of being involved in our Township government and attending more meetings than I care to think about, I have seen a lot, and not all of it is reassuring, believe me.

Are you a member of the "silent majority?"  Or do you consistently take the time to vote in our local

elections?  Do you think that what happens at meetings doesn't really matter to you if it does not have an immediate impact on your life or if you believe it will affect only others?  Do you believe the old adage that we "get the government that we deserve?" Do you keep up-to-date with developments by reading the minutes, attending an occasional meeting, responding to surveys, emailing officials with your opinions?  Have you ever sat at a Township meeting and ask the question I have heard all too often, "Why didn't somebody tell me?"

It matters.  If you are currently plugged-in to what is going on, good for you!  If not, I would entreat you to find out for yourself what the issues are, where the governing bodies might be taking your Township, whether your elected and appointed officials are doing a good job.  Above all, be informed, vote and encourage your friends and neighbors to do the same!