Comstock Township - June 12, 2025 Planning Commission Meeting

Updated about 13 hours ago

The Comstock Planning Commission considers the potential repeal of a moratorium on large-scale renewable energy projects. The commission also reviews and updates its bylaws, focusing on member conduct and conflict of interest policies. Public comments indicate concerns about transparency and alleged conflicts of interest involving a commissioner. The meeting includes a training session on planning commission roles and responsibilities, and concludes with updates from other boards and planning for future ordinance reviews.

Chapters

Call to Order (00:00:44)
The meeting was called to order by the chair at six o'clock.

The chair called the Charter Township of Comstock planning commission meeting to order at six o'clock.
Pledge of Allegiance (00:01:01)
The attendees recited the Pledge of Allegiance to the flag of the United States of America.

The meeting attendees were invited to join in the Pledge of Allegiance to the flag of the United States of America, pledging to the Republic and one nation under God, indivisible, with liberty and justice for all.
Approval of Agenda (00:01:58)
The agenda was approved after a motion to approve the adjusted agenda was passed.

The chair asked if there were any changes to the agenda and after a motion to approve the agenda as adjusted was made and seconded, it was approved unanimously by the members.
Approval of Minutes (00:02:16)
There was extensive discussion on the approval of the minutes, focusing on voting discrepancies and the need for amendments.

The approval of the minutes was discussed at length. Issues were raised about the accuracy of the minutes, particularly regarding abstentions and non-voting members. It was debated whether the minutes correctly reflected the outcomes of votes. Members discussed the need for amendments to specify that non-voting was equivalent to a yes vote, and eventually a motion to amend the minutes was passed with corrections to reflect a 7-0 vote.
New Business (00:12:55)
New business was introduced, including a training and presentation by Michigan State University.

The chair introduced new business, which included a scheduled training and presentation by Michigan State University. The discussion of a written letter of legal opinion was tabled for later.
MSU Planning Training and Presentation (00:13:24)
A representative from MSU Extension provided training on planning commission roles and responsibilities.

Tyler, a representative from Michigan State University Extension, delivered a presentation on the roles and responsibilities of planning commissions. The presentation covered topics such as the importance of planning, key responsibilities of planning commissions, and how planning impacts community development and zoning. Tyler also discussed the concept of quality places and regional planning.
Zoning Ordinances and Due Process (00:33:33)
Discussion of local government authority to adopt zoning ordinances based on plans and due process requirements.

The session covers the authority granted to local governments by the state to adopt zoning ordinances, emphasizing the need for zoning to be based on a plan. It explains the role of the master plan in providing the rationale for zoning decisions and how due process ensures fairness in these decisions. It highlights the importance of procedural and substantive due process in protecting property rights and ensuring government actions are not arbitrary.
Master Plan Review and Implementation (00:39:02)
Explanation of the importance of master plans, their review every five years, and their role in guiding community development.

The discussion elaborates on the statutory requirement for reviewing master plans every five years and the options available for updating them. It stresses the role of master plans in setting a vision for the community and guiding future development. The process of public engagement and the responsibility of the planning commission to balance public input with data analysis is emphasized. The connection between the master plan and the zoning ordinance is also discussed, highlighting how the former provides the policy guide for the latter.
Roles and Responsibilities of Planning Commission Members (00:46:13)
Detailed overview of the roles of individual members of the planning commission and their responsibilities.

This section outlines the various roles within the planning commission, including the chair, members, secretary, staff, and the public. The chair's role in guiding meetings, encouraging input, and managing conflicts is discussed. Members are reminded of their duties to attend meetings prepared and engage in discussions. The importance of accurate minute-taking by the secretary and the preparatory work of staff is highlighted. The role of the public in providing input and the need for respectful interaction with them is also covered.
Implementation of Policies and Ethical Conduct (00:50:09)
Discussion on the implementation of government policies by appointed boards and the ethical standards expected of members.

The session focuses on the implementation of zoning ordinances and the importance of following established policies and procedures. It emphasizes the need for members to be competent, transparent, and ethical in their roles. The expectations of elected officials for appointed members, such as open communication and maintaining organization, are discussed. The importance of ethical conduct, including avoiding conflicts of interest and maintaining the appearance of propriety, is addressed.
Ethical Considerations in Public Office (01:00:08)
Overview of ethical considerations for public officials, including conflicts of interest and maintaining public trust.

This section emphasizes the need for public officials to adhere to high ethical standards, focusing on avoiding conflicts of interest, incompatible offices, and appearances of impropriety. It discusses the importance of public officials acting as role models and setting aside personal interests to serve the public good. The role of bylaws in defining conflicts of interest and the expectation for unbiased decision-making are also covered.
Discussion about Spartyville and Citizen Planner Training (01:02:51)
The meeting discussed Spartyville as a model community for citizen planner training, emphasizing ethical behavior considerations.

The meeting opened with a discussion about Spartyville, a fictional model community used in the citizen planner training program. Spartyville is compared to Lake Wobegon, where everything is 'above average,' as a way to put planning ideas into action. The discussion includes a narrative about ethical behavior considerations and how citizen planners can benefit from these exercises. The activity introduced was called 'Sparty One D,' which involved a visit to the Yeager farms to discuss ethical behavior and ex parte contact in planning.
Ethical Considerations and Ex Parte Contact (01:09:20)
Discussion on ethical considerations during site visits, focusing on ex parte contact and due process concerns.

The discussion transitioned to ethical considerations during site visits, particularly focusing on ex parte contact, which refers to communication benefiting one party outside a public meeting. A narrative was presented involving Kathy and Lynn, planning commission members, visiting the Yeager farm before a public hearing on a rezoning request. The narrative highlighted the importance of avoiding impropriety and ensuring due process. Participants discussed whether the visit was proper and the potential risks to due process, concluding that site visits should be conducted without the property owners to avoid any appearance of impropriety.
Handling Site Visits and Due Process (01:13:20)
Suggestions for handling site visits to maintain due process, emphasizing transparency and documenting interactions.

Participants shared methods for properly handling site visits to maintain due process, including conducting visits independently without property owner interaction. It was suggested that any information obtained during such visits should be shared in public meetings to ensure transparency. Some communities have public meetings as site visits to allow all commission members and the public to attend. The importance of documenting any ex parte communications and sharing them at meetings was emphasized to ensure all information is on record.
Key Documents and Planning Commission Responsibilities (01:23:00)
Overview of foundational documents for planning commissions and the importance of bylaws and master plans.

The session provided an overview of the key documents essential for planning commissions, including the planning commission ordinance, bylaws, and master plan. These documents are foundational for making informed decisions and ensuring legal compliance. The discussion covered the importance of bylaws in defining conflict of interest and meeting procedures, and the master plan's role in guiding long-term planning decisions. Participants were encouraged to review and understand these documents to decrease legal risks and improve decision-making.
County Planning Commission Roles and Capital Improvements (01:29:00)
Discussion on the roles of county planning commissions and capital improvements programs.

The discussion shifted to the roles of county planning commissions, which include reviewing zoning amendments and ensuring consistency with the county's master plan. County planning commissions provide advisory comments on local planning decisions to ensure alignment with broader county objectives. The importance of capital improvements programs was also discussed, noting that these programs plan for large capital expenditures over several years and are often managed by planning commissions to ensure alignment with long-term goals.
Annual Reports and Work Plans for Planning Commissions (01:33:00)
The necessity of annual reports and work plans for planning commissions to track progress and set priorities.

The session emphasized the importance of planning commissions providing annual reports to their legislative bodies, summarizing their yearly activities and accomplishments. This report is a tool for showcasing efficiency and accountability. Additionally, the creation of work plans based on master plan action steps was encouraged to guide the commission's work, prioritize projects, and ensure that long-term goals are being addressed effectively. Work plans help maintain focus on strategic initiatives beyond routine application approvals.
Call to Order (01:41:25)
The meeting is officially called back to order after a recess.

The chairperson calls the meeting back to order, indicating the official resumption of proceedings.
Public Hearing on Repeal of Large Scale Renewable Moratorium (01:41:44)
A public hearing is held to discuss the potential repeal of the large scale renewable moratorium. Various stakeholders express concerns and support.

The public hearing focuses on the potential repeal of the large scale renewable moratorium. Discussions include the legal and zoning aspects of the moratorium, its implications on future renewable projects, and the necessity of maintaining certain ordinance provisions. Public comments reflect a range of opinions on the safety, environmental, and community impact of repealing the moratorium. The planning commission deliberates on whether to recommend repeal, denial, or tabling the decision. Ultimately, the commission decides to table the decision for further discussion and information gathering.
Discussion on Planning Commission Bylaws (02:08:14)
The commission reviews and discusses proposed revisions to the bylaws, focusing on member conduct and procedural clarifications.

The planning commission discusses proposed revisions to its bylaws. The revisions aim to clarify member conduct, particularly regarding the representation of personal opinions as official positions and the avoidance of ex parte communications. The commission considers adding language to ensure planning commission members treat each other and the public with respect and civility. The commission also discusses the possibility of incorporating MSU's sample bylaws for further guidance.
Discussion on Planning Commission Member Conduct (02:12:03)
Discussion on the conduct of Planning Commission members, emphasizing the importance of distinguishing personal opinions from official positions.

The discussion focused on the need for Planning Commission members to ensure that their personal opinions and beliefs are not represented as those of the Planning Commission or the Comstock Charter Township. It was stressed that members should clearly state when they are speaking in a personal capacity, especially on social media platforms. The idea of grouping all conduct-related guidelines into a separate section was positively received.
Conflict of Interest and Voting Policy (02:13:10)
Clarification on the policy regarding conflicts of interest and voting procedures for Planning Commission members.

The policy states that any member determined to have a conflict of interest must not participate in deliberations or voting on the related item. There was a discussion on the correct phrasing of this policy to ensure clarity. It was agreed that failure to disclose a conflict of interest or to vote on an item without conflict could be considered malfeasance or nonfeasance, respectively, subject to the determination of other commission members.
Amendments to Bylaws (02:17:02)
Approval of amendments to the Planning Commission bylaws to include updated conduct and conflict of interest policies.

A motion was made to approve the amendments to the bylaws, incorporating the updated policies on member conduct and conflict of interest. The amendments were approved unanimously after discussion and revision.
Request for Legal Opinion on Conflict of Interest (02:18:49)
Request for a legal opinion regarding conflict of interest claims related to a member's involvement in a vote on a site plan.

Concerns were raised regarding a potential conflict of interest involving member Bob Sherwood related to the Soil Friends project vote. A motion was made to obtain a legal opinion to clarify whether Sherwood's actions were in conflict with the bylaws, given the public's concerns and the member's non-disclosure of the conflict. The motion was passed after a roll call vote.
Request for Legal Opinion on Non-Voting Member (02:24:09)
Decision to seek a legal opinion on the implications of a member not voting on an agenda item without disclosing a conflict.

The commission discussed the implications of a member's failure to vote on an agenda item where no conflict of interest was disclosed. It was decided to seek a legal opinion to determine whether this constituted nonfeasance under the newly amended bylaws. The motion was supported and a roll call vote was conducted.
Discussion on Public Concerns and Legal Opinion for Best Project (02:30:03)
Discussion on public concerns about potential conflicts of interest related to the Best Project and request for legal opinion.

Members discussed public concerns regarding potential conflicts of interest involving Bob Sherwood with the Best Project and Tenaska/CIP relationships. It was noted that accusations have been made publicly, including on social media. A motion was passed to obtain a legal opinion to address these concerns and provide clarity to the public and the commission.
Hazardous Materials Ordinance Discussion (02:40:00)
Review of the hazardous materials ordinance and consideration of revisions based on legal and practical considerations.

The commission reviewed the current hazardous materials ordinance in light of recent legal interpretations and practical enforcement issues. An update was given on discussions with other jurisdictions and the need to revise the ordinance to ensure it aligns with legal standards and effectively identifies responsible parties for cleanup and cost recovery.
Discussion on Hazmat Ordinances and Battery Storage (02:43:03)
A detailed discussion on responsible parties and ordinances for battery storage and hazmat incidents, including ordinance compatibility and the need for broader definitions.

The meeting discussed the definition of responsible parties in hazmat incidents, emphasizing the need to broaden the definition to cover all possible parties involved. There was also a discussion about ensuring ordinances cover incidents at various facilities and compatibility with countywide hazmat teams. The discussion extended to battery storage projects, focusing on construction water management, emergency response plans, and the need for training funded by operators. Suggestions were made for proximity rules and noise regulations. The potential for state intervention and the importance of a workable ordinance were also addressed.
Communication from Comstock Center DDA Director (03:06:00)
Information shared about potential tax programs for developers building extra homes and the use of brownfield tax credits for affordable housing.

Steve Geisler came across an article regarding developers building extra homes and potential tax programs for such homes. He requested that the information be shared with the planning commission. The discussion mentioned Alan Edwin's projects in Portage and East Bay Charter Township, which use brownfield tax credits to build affordable housing. MSU Extension has an article explaining the amendments and process for these housing projects.
Public Comment (03:07:00)
Public comments were made regarding the placement of public comment in the meeting agenda and potential conflicts of interest among officials.

During the public comment period, William Knight expressed concerns about the timing of public comments at the end of meetings, arguing that it undermines public trust. He also defended his use of public records to inform the community. Tammy Keeler raised concerns about potential conflicts of interest involving Mr. Sherwood and his associations with certain companies. Another citizen expressed skepticism about the state's willingness to place utility-scale battery projects near educational assets.
Updates from Other Boards (03:12:00)
Discussion on revisiting ordinances, specifically regarding keeping chickens, due to resident concerns about current restrictions.

Sandy shared a concern from a resident about the ordinance limiting the number of chickens allowed without a permit. The resident felt the ordinance was not in the best interest of residents, and the planning commission was asked to consider revisiting the ordinance. There was a brief discussion on the current limits and the possibility of accommodating resident concerns in future ordinance reviews.
Discussion on Residential Zoning and Livestock Ordinances (03:14:06)
Discussion on zoning laws regarding livestock, specifically chickens and roosters, in residential and agricultural areas.

The meeting discussed the regulations concerning the keeping of chickens and roosters in residential and agricultural zones. It was noted that residential zones allow up to six hens, but no roosters due to noise complaints. Agricultural zones do not have limits on the number of chickens and allow roosters. There was a suggestion to amend the tax ordinance to accommodate large parcels within residential zones.
Zoning Board Update and Decision (03:15:10)
The zoning board recently voted down a proposal to change property lines on H Avenue.

An update from the zoning board revealed that a recent meeting involved a proposal to move property lines on H Avenue, which was voted down. The board decided that the proposal did not constitute a hardship and did not align with the existing zoning ordinance.
Training Updates and Planning Commission Comments (03:16:23)
Comments on recent training sessions and the importance of clear ordinances for site plan approvals.

The planning commission members commented on recent training sessions, emphasizing the value of such training for effective teamwork. They discussed the importance of having clear ordinances for approving site plans, ensuring that the requirements are well understood and met.
Ordinance Development for Renewable Energy and Public Safety (03:17:40)
Discussion on developing ordinances for battery storage and renewable energy to ensure public safety.

The commission discussed the ongoing development of ordinances for battery storage and renewable energies. It was emphasized that while creating workable ordinances, the public safety, health, and welfare of the community must be protected. Community members have consistently requested this consideration.
Game Plan for Revisiting Ordinances and Handling New Business (03:18:14)
Plans to prioritize ordinance reviews and manage new business applications.

A discussion was held on developing a game plan to manage the review of existing ordinances, such as those for PUD, landscaping, and chickens, while also handling new business applications. The commission aims to prioritize the review process and coordinate with staff to keep the workflow organized.