HANSEN ALLEGES IMPROPER PROCEDURE IN ORDINANCE ADOPTION

At the March meeting of the Planning Commission, Attorney Jerry Filla, of Kelly and Lemmons, was present to answer questions previously submitted by the Commission, at their request.

One of those submitted questions had originated with Commissioner Butch Hansen, who wanted to know if the "Duck Book"  of earlier Ordinances didn't govern nonconforming uses today.  See "Still Shaking My Head" post.

Jerry Filla's answer to this question?  "The Duck Book is history." He then stated, "I assume, of course, you have followed all the proper procedures, such as holding a public hearing."



What happened next?  Butch Hansen then immediately stated that a public hearing was never held on the Ordinance changes!!! He insisted that "the verbage [sic] was changed"  In fact he said that three times, until Commissioner Carrie Jennings asked him to please be more specific about what he was talking about. He never was more specific, but repeated that a hearing was not held.

Let me be specific: If you go to the website and look up minutes you will indeed see that
1)  a public hearing was held by the Planning Commission on April 18th, 2005, followed by 
2) a Special Planning Commission Meeting on the same date.  Then
3) a Special Meeting of the Board was held on, May 16, 2005, specifically to review the changes to the Ordinance from the public hearing. After that,
4) a public hearing was held by the Board of Supervisors on June 7, 2005, followed right after by
5) a Special Town Board Meeting also on June 7, 2005 to review the changes from the second public hearing. 

Not only was a public hearing held, but a second one was held by the Board just to make sure everyone had a chance to weigh in!  (This is unusual.) The Board then adopted the Ordinances as amended at the hearings..

But here's something also interesting:  Butch Hansen was in attendance at both April 18th meetings as a Planning Commissioner.  He even made a motion or two during the special meeting and, if I counted correctly, eight comments during the public hearing!
One comment made reads thus on page 5: "Francie Madden: Old ordinances are repealed and new ordinance immediately instated.
Butch Hansen- old ordinance is in effect until (emphasis added) the new ordinance is adopted."  (Seems like he understood it then!)

(It was also asked and stated by others at the April 18th hearing that the Ordinances and the proposed Ordinances were on the Township website-yet another way for the public to be aware of proposed changes.)

Also of note is that in May 2005 Butch Hansen was no longer on the Planning Commission; he and another member were replaced by Mike Greco and Kevin Flaherty.

Hmmmmm.  

Back to the March 2014 Commission  meeting: Then-Supervisor, Pete Storlie, who was Board liaison for the evening, stated that the recording of the hearing could be looked for as such recordings are kept.


Fast-forward to the Annual Meeting 2014.  This time Attorney Chad Lemmons, of Kelly and Lemmons, was in attendance to answer any legal questions that might arise.  The topic of this Ordinance adoption was brought up again.  A citizen asked if a public hearing would have been neccessary.  Mr. Lemmons' answer was "yes."  The citizen stated that the recording must also be reviewed, or words to that effect.  Mr. Lemmons said he agreed that having the recording "would be nice," but it was not essential as the approved, written minutes are the official record.

Well, there you go!  Paraphrasing Sherlock Holmes, "What game's afoot, Watson?"