SECORD TOWNSHIP MEETING MINUTES
PUBLIC HEARING MEETING
PROPOSED NOISE & PULIC NUISANCE ORDINANCE
March 13, 2010
Supervisor Vince Barry opening with the Pledge
of Allegiance to the Flag called the meeting to order at 10:10 AM.
Clerk, Kathie Hart, Treasurer, Jim Cooper and Trustees Elaine
St.Louis and Colin Combs were present.
117 citizens signed in for this hearing.
Barry addressed the attendees stating that the purpose of the
hearing was to discuss the proposed ordinance and stating that this
was merely a “respect your neighbor” ordinance.
Barry then requested that Pat Dean address the citizens since this
Dean had been involved since the beginning. Dean stated the concept
of the ordinance which would address unreasonable and excessive
noise and nuisance issues in the Township since the ordinance stated
the civil infraction terminology that allowed the Sheriff’s office
to respond to citizen complaints. He explained right now there was
no regulation that was in place to address citizens concerns in this
area; that the 1998 County Ordinance had been declared
unconstitutional by the courts since the County could not pass any
ordinances that carried fines or penalties for infractions; that the
Sheriffs’ office would not be driving around looking for violations
since police response must be complaint driven from a citizen; that
in no way was this meant to stop citizens from having campfires;
reiterated Barry’s statement that this was merely a “respect your
neighbor” ordinance and that he expected little need for enforcement
of the ordinance except for continuing excessive abuse issues.
Sherriff Shea addressed the citizens advising that this definitely
would be a complaint driven response from his department but would
be a low priority for response; advised that he only had 2 deputies
on patrol at any time and that all State law infractions (i.e.
Breaking and entering, larceny etc.) demand priority over noise or
nuisance complaints.
He fielded questions from the audience specifically asked in regards
to the sand bar such as why the majority of disorderly conduct
issues could not be addressed by the Sheriff’s office under current
laws – response – no since the they can only enforce this issue on
public property, not private property; why the current marine patrol
couldn’t enforce the nuisance issues on the river - response – the
patrols can only enforce marine laws and why their office couldn’t
enforce trespassing issues – response – that would be next to
impossible because he would need to station a deputy at any location
for an extended period of time in order to address the issue.
Four (4) citizens then spoke for the ordinance stating concerns
regarding the sand bar, excessive noise late at night and issues
with barking dogs.
Seventeen (17) citizens then spoke against the ordinance stating
concerns regarding the fact that the ordinance was not specific
enough, too specific in certain areas, use of ordinance from
citizens against others they have personnel issues with; concerns
with section regarding firearms; decibel issues not being defined;
why the meeting hadn’t been held in the summer when weekenders and
snowbirds could attend; why letters of the hearing had not been sent
to all property owners; that the ordinance had input by a neighbor
who had a personnel issue against him which started with a junk
issue and that they felt Board personnel issues had been considered
in writing the ordinance.
A short break was taken at 11:30 AM and the hearing reconvened at
11:40 AM.
The Board then addressed questions and concerns that had been posed
during the public speaking portion of the meeting with Barry stating
that our attorney stated that under a police powers ordinance that a
public hearing was not required, the Board could vote without input,
but the Board wanted citizen input and that according to law
individual letters to property owners was not required; but that the
hearing needed to be publicized which was accomplished through
publication in the Gladwin Record and on the website. Cooper
commented that it would take at least $1,000 to send mailings which
wasn’t feasible and that he felt we the Board needed to revisit the
ordinance as proposed to differentiate between what’s important and
what isn’t. Combs questioned the where it states in Michigan law
regarding the firearms section of the ordinance and expressed
concerns regarding the section regarding smoke. St.Louis responded
to concerns regarding barking dogs explaining that her neighborhood
had the issue; that she was concerned regarding explosions in her
area after 11 PM at night and that she had experienced issues with
ashes and smoke engulfing her neighborhood. Hart addressed the
concerns advising that this ordinance had been discussed by the
Board at regular meetings for over a year; that all citizens, if
unable to attend, had the option of sending a written letter with
their position and addressed the concern regarding citizens not
being aware of the Township website stating that the website address
is published in the annual letter that is included with yearly
taxes.
Hart then advised that approximately 10 letters had been received
for the ordinance and 20 against and stated that the letters
received basically expressed the same opinions or concerns already
stated by attendees and asking if the audience wanted her to read
them all. The audience overwhelmingly stated no.
The public hearing portion of the meeting was closed at 11:55 AM.
The Board reconvened at 11:56 AM to discuss the proposed ordinance.
Barry solicited the Board for input. Combs reiterated his prior
statements regarding not providing answers to his concerns regarding
Michigan State laws for firearms and the smoke and did not wish to
vote on the issue at this meeting. St. Louis stated that she was not
aware that the Board would be voting at this hearing and was not in
a position to vote at this time. Cooper agreed with Combs and St.
Louis regarding not voting; stated that he thought the basics were
good but there was a need to step back and rethink the issues
presented and the ordinance as written and expressed sympathy for
the residents with the barking dog situation. Hart apologized to the
attendees but needed to make a remark which belonged under Board
responses to public comments stating that she needed to address a
concern made by Mr. Sabourin who insinuated that his neighbor, that
he couldn’t get along with, and had some input in this ordinance
also was the instigator of a junk complaint against him stating
that, for the record, the junk complaint was not instigated by his
neighbor but was started because the Township had received a
petition from other neighbors with their concerns. Regarding her
position on the ordinance, Hart stated that she felt that the words
in the ordinance “unreasonably loud or excessive” had been
overlooked by quite a few; that there were some good points made
during the hearing by the citizens and was not in a position to vote
today. Barry stated that he felt we need the ordinance as written;
it had been reviewed and approved by the attorney but he does listen
to the Board and would defer voting.
Motion by St. Louis and Combs to postpone any action on this
ordinance until the Board looks into all facts presented. Roll Call
was taken. All Ayes. Motion Carried
Motion by Combs and Barry to adjourn at 12:05 PM. MC
Kathie Hart
Clerk, Secord Township
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