Minutes: June 24th, 2009

Catawba Island Township
Zoning Commission Meeting

June 24, 2009

The meeting was called to order at 7:40 p.m. by Matt Montowski

Present: Matt Montowski, Chairperson Paul Patterson, Vice Chairperson
Paul Shaw, Member Jordan Davenport, Alternate
Pat Cerny, Zoning Inspector

The Pledge of Allegiance was recited by all present.

Matt Montowski said the Catawba Island Zoning Commission would like to consider adding a text amendment to the Catawba Island Zoning Resolution. With the adoption of House Bill 562 this would allow the Catawba Island Township Trustees the ability to modify or deny the Catawba Island Township Zoning Commission recommendations by majority vote. Previously, the township trustees could only do this by unanimous vote.

Paul Shaw read correspondence from Regional Planning dated June 17, 2009 regarding the Catawba Island Township Text Amendment. The letter addressed to Matt Montowski and signed by Todd Bickley, Director, read as follows:

At the regular meeting of the Ottawa Regional Planning Commission held on June 16, 2009, the above referenced text amendment was reviewed. The Commission considered the following points in reaching its recommendation.

1. The text amendment was initiated by the Catawba Island Township Zoning Commission.
2. The text amendment proposes to change item j of Section 8C, 2 by allowing the township trustees to deny or modify the recommendation of the Zoning Commission by a majority vote versus a unanimous vote.
3. With the change, the zoning resolution will conform with Section 519.12 of the Ohio Revised Code.

The Commission voted to recommend approval of the text amendment.

Matt Montowski also read the Notice of Public Hearing regarding this meeting and the text amendment request.

Paul Patterson read the request for Zoning Resolution Amendment submitted by the Zoning Commission.

Paul Shaw read correspondence addressed to Todd Bickley, Director of Regional Planning, from Mark Mulligan, Ottawa County Prosecutor, dated March 25, 2009. The letter read as follows:

You called to my attention a change in Ohio law contained in O.R.C.
519.12(H). Under this law a simple majority shall be required to overturn
a zoning commission decision. Prior law required a unanimous vote.

Be advised that, in my opinion, all zoning resolutions must be amended to
require only a majority. Without amendment the townships run the risk of
incurring substantial litigation fees.

Jordan Davenport asked if a copy of the Ohio Revised Code including section 519.12 was available to view. Matt Montowski called for a brief break in proceedings while a copy of the Ohio Revised Code could be obtained and reviewed. As the meeting resumed, Matt Montowski noted it was 226 pages with just a couple sentences regarding voting by the township trustees and voting majority versus unanimous. Matt Montowski said the Catawba Island Township Zoning Commission is conforming more or less to the Ohio Revised Code to change the text amendments to the zoning resolution. It was agreed only one word really needed to be changed.

Paul Patterson made the motion to approve the text amendment change from unanimous to majority. Jordan Davenport seconded the motion. Paul Paterson, aye; Paul Shaw, aye; Jordan Davenport, aye; and Matt Montowski, aye. The motion was carried unanimously.

Jordan Davenport made a motion to approve the minutes as received from the April 22, 2009 Catawba Island Zoning Commission meeting. Paul Shaw seconded the motion. The motion was carried unanimously.

The next Catawba Island Zoning Commission meeting will be Wednesday, July 22, 2009 at 7:30 p.m. Paul Patterson made a motion to adjourn the meeting, seconded by Jordan Davenport. The motion was carried unanimously, meeting adjourned.

Matt Montowski, Chairman Date