Lakewood Board of Supervisors Special Meeting
February 4, 2008 – Recessed from 1-31-08
Call to Order: Chair Tim Musick called the Special Meeting recessed from 1-31-08, of the Lakewood Board of Supervisors to order at 7:02 p.m. on 2-4-08 at the Lakewood Town Hall.
Present: Supervisors Tim Musick, Phil Halverson, Shannon Ostazeski, Jerry Larson, and Chuck Campbell. Also present: Clerk Gene Bromenshenkel, Town Attorney Tim Strom, Lipe Attorney Shawn Reed, Jerry Lipe, and general public (register attached).
Purpose of Meeting: To continue the meeting convened on 1-31-2008 for the purpose of hearing an appeal from Lipe Brothers Construction on their conditional use permit.
Item #2 of Appeal: Additional Review Hearing of the Conditional Use Permit was completed in October of 2006.
The floor was given to Shawn Reed for comment. He yielded the floor to Bill King who requested an early public comment. He read the prepared attached statement.
Supervisor Ostazeski: Appears Mr. King’s concern is one of time and expense concerns as well as affecting community morale if a solution cannot be made. She also concerned about this.
Member of public: Jason Dillon: Sees many businesses in township and they seem to be o.k. Made reference to retail sales in township locations.
Bob Wolfe: Clarified that the Planning and Zoning Commission did not deal with retail sales in review of Lipe Bros. Construction conditional use permit.
John Simonson: Are neighbors to Lipe Bros. Construction. Lipe’s have been cleaning up their property and are a good neighbor---would not want to see a salvage yard take the place of the present business.
Loren Middleton: Property is cleaned up and desirable in comparison with what it was in the past.
Shawn Reed: Conditional use permits go with the property and the effect on the surrounding area should be considered. Suggests and requests the Board reconsider last meeting’s motion. On Issue #2---like to address with Issue #4. Board agreed to such. At the October 18, 2006 Hearing, a review of the Lipe conditional use permit was held. No one spoke in opposition to the conditional use permit at that hearing nor the operation being conducted on the property. The Planning and Zoning Commission chose not to revoke the conditional use permit or alter the conditions of the permit. The Commission did not take any formal action for the removal of Great Lakes Stone from the property. Clint Massie appeared before the Planning and Zoning Commission and was told that the Commission could not remove the business; that being a decision of the Town Board. In 2007, a third conditional use permit review hearing was held. The Town Board does not have any authority to authorize a review of a conditional use permit, only the Zoning Administrator can determine that a permit is not in compliance. (He makes reference to sections 5 and 11 of the Ordinance). On June 26, 2007, Zoning Administrator Mears indicates via a letter that there may be a zoning violation. Thus the Town Board acted prior to the Zoning Administrator’s determination. It appears to be a do-over of the October, 2006 conditional use permit review.
The legal question is whether or not the Town Board acted out of order and lost jurisdiction since the 30-day period of appeal expired prior to the 2007 review hearing. Thus, the Town Board acted outside of its’ authority. The action taken by the Planning and Zoning Commission was lost due to lost jurisdiction.
Public Comment:
Don Putnam: Why can’t the process end with determination by the Town and Lipe’s.
Mike Koranda: lives on Strand Road. Questions on the current costs of zoning in the township. Clerk Bromenshenkel indicated to the Board and Mr. Koranda that the 2007 net cost of zoning was a little over $29,000.00.
Supervisor Campbell: The Board is following procedure in implementing zoning throughout the township.
Dave Beran: Sounds like this structural process has started and we have no control; need to be concerned about expenditures also.
Keith Evans: What he sees and hears is that there are no complaints about the Lipe Bros. Construction business.
Neighbor: I understand we need to do the process but let’s get this behind us.
Kathy Wolfe: Was on the Planning and Zoning Commission when the conditional use permit was issued in 2001. Have had numerous township complaints about junk on the property.
Dean Lipe: The business has followed the law according to the conditional use permit.
Inese Holte: Doesn’t understand now what Lipe’s want that is not in the revised conditional use permit.
Dave Beran: Not here on Jerry Lipe’s request. What is the record on complaints?
Shawn Reed: Requested that Jerry Lipe has an opportunity at this time to respond to public comment.
Tim Strom: Referenced Mr. Reed’s points about the time table from October, 2006 to the 2007 review. He indicated that what brought abut the 2007 review was not directly related to the 2006 review. Between January and June of 2007, the property owner indicated they had a right to rent to as many businesses as possible plus there was zoning permit questions brought to the Zoning Administrator during the time period. In October 2006, the Planning and Zoning Commission gave Great Lakes Stone until June 30, 2007 to vacate the Lipe property but did not specify any procedure for that to happen. The procedures of the Zoning Ordinance were followed from that point. Does not believe the process was flawed. Article V of the Zoning Ordinance outlines that if the Zoning Administrator feels there is a violation of a permit, then the Planning and Zoning Commission is to hold a public hearing. This was followed.
Bob Wolfe: Question of clarification---does not see that there were that may reviews; two were held; one in October of 2006 and another in 2007. He outlined the process by which the questions of the conditional use permit were handled and the recommendation of the Zoning Administrator that there be a review of the conditional use permit (in report of Sept. 2006 to the Board of Supervisors meeting). The Commission felt there was an understanding with Mr. Massie in November of 2006 that he agreed to move the Great Lakes Stone business from the Lipe Bros. property by June 30, 2007. In June of 2207, Zoning Administrator Mears’ letter indicated there was a violation.
Shawn Reed: On the question from Mr. Wolfe on the number of review hearings, sees the December, 2002 Town Board discussion of the matter as conditional use as permit review #one. He does not believe that his client ever indicated that he admitted to being in non-compliance with the Zoning Ordinance. Reed referenced Wolf’s chronology of events especially Massie’s comments at the October 18, 2006 meeting. He contradicted Bob Wolf’s statement that the Commission made a determination and agreement with Great Lakes Stone about a June 30, 2007 leaving the Lipe property.
In June of 2007, Lipe a proposal on the table (see June 20, 2007 Special Town Board Meeting minutes). The Town Board did not accept the proposal and sent the issue to the Planning and Zoning Commission to review the conditional use permit.
On comments from public---who from public complained to start this process according to the record? This process was not initiated by citizen complaint process. He objected to Kathy Wolfe statement of numerous (2,000) public complaints.
What does Jerry Lipe want? To continue to operate his business according to the conditional use permit received in 2001.
In June of 2007 Zoning Administrator Mears did not indicate clearly that Lipe was in violation of the Ordinance.
At this point, Chair of the Board, Tim Musick outlined to the Board members, the role of the Board in deliberating.
The Board agreed by consensus to recess the meeting for a brief period at 8:30 p.m. The meeting was reconvened at 9:00 p.m.
Chair Musick indicated there was discussion going on with the suggestion made during the break about having a small group sit down to discuss the situation and bring a proposal forward based on common ground and to come together in a meeting setting at another date. The item of the 60-day rule was surfaced. Motion by Halverson to extend the 60-day period of consideration on the appeal for another 60 days and to have Attorney Strom draw up a letter to that effect. Second by Campbell. Discussion on motion: Shawn Reed requested a clarification---for a recess date with the understanding a proposal would be considered at that time. Motion Carried.
The small group was jointly discussed by the Board members and Attorney Reed. It was agreed the group to consist of Attorney Reed, Attorney Strom, Bob Wolfe and Jerry Lipe. It was also suggested that Steve Overom might sit in for Lipes. It was agreed that if Mr. Overom sits in then Phil Halverson of the Board also sit in on the group. Supervisor Halverson suggests that the Chair of the Board should be a part of the small group. Supervisor Larson suggested that a Board member should be on the proposal development group. Reed suggested that he feels the discussion should be Board free.
Motion by Larson to recess the meeting at 9:24 p.m. to February 25, 2008 at 7:00 p.m. Second by Halverson. Motion Carried.
Respectfully Submitted;
Gene Bromenshenkel
Town of Lakewood Clerk