A community involved for a better Whitewater Township.
MISSION STATEMENT
Whitewater Watch is a group of concerned residents and landowners of Whitewater Township in Grand Traverse County, Michigan, dedicated to encouraging community involvement in local government. We advocate private property owners' rights and the use of a common sense approach in managing all of our township resources. We believe that every citizen should participate by being registered to vote, being informed on the issues, and voting consistently. We seek to better our community through a government that is truly of the people, by the people, and for the people.
GENERAL STATEMENT
Whitewater Township is a rural, non-chartered, general law township in the northeast corner of Grand Traverse County, Michigan. Our community is primarily agricultural. Recently, we have been under increasing pressure from nearby communities, special interest groups, and third parties who do not hold legal interest in our land. They quietly seek to change our land use and zoning ordinances in ways our landowners and registered voters do not accept. The purpose of this web forum is to explore facts, invite opinions, and understand the laws that regulate our township.
Send us your comments and information to post. The original copy will be kept on file with the site administrator.
"If a man neglects to enforce his rights, he cannot complain if, after a while, the law follows his example."
--Oliver Wendell Holmes--
Thomas Jefferson once said,
"When the people fear their government, there is tyranny; when the government fears the people, there is liberty."
Whitewater Watch work group Meetings
Thursdays at 7:00pm Arnell Boyd farm
Directions to Arnell Boyd pole barn: At Baggs Road (dividing line between Grand Traverse and Kalkaska counties), turn south off of M-72. There is a barn on the left. Turn in the driveway for the barn and you will see the pole barn on your right. Tables and chairs have been set up there as Whitewater Watch is now meeting in this location.
Statistics for Whitewater Township
Whitewater Township, Michigan
Coordinates:
44°45′19″N
85°23′24″W / 44.75528, -85.39
Country United States State Michigan County Grand Traverse
Area -Total 53.6 sq mi (138.8km²) - Land 47.8sq mi (123.9 km²) - Water 5.8 sq mi (14.9 km²)
Population (2000) - Total 2,467 - Density 51.6/sq mi (19.9/km²)
Time zone Eastern (EST) (UTC-5) -Summer (DST) EDT (UTC-4) FIPS code 26-87040GR2 GNIS
For more go to the link http://www.city-data.com/township/Whitewater-Grand-Traverse-MI.html
Remember November 4th elections.
Get out and vote.
Do you know who is running for each office in your local government?
Whitewater Watch 2007 Community Survey
During the fall of 2007, Whitewater Watch assembled questions for a survey of Whitewater Township residents and property owners on a variety of current issues. The last time a survey had been performed by the township was in 1996. The survey was mailed at the end of September to all 1455 addresses on the township newsletter mailing list. A total of 360 surveys were completed and returned, giving a return rate similar to the 1988 and 1996 township surveys. All results have been tabulated and re-tabulated to ensure their accuracy. Additionally, all comments received have been compiled into one document. The survey results will be presented to the Township Board at their Regular Meeting on Tuesday, December 18th at 7:00 p.m., at the township hall. Click on the links below to access the 2007 Whitewater Watch Community Survey Results or the 2007 Whitewater Watch Community Survey Comments.
Whitewater Watch would like to thank everyone who took the time to respond to the survey! Special thanks also to Saco's Shell Station and Send Brothers Feed Store for providing convenient locations for survey drop boxes.
Next regular Board meeting is
Oct 21st 7:00pm
Township Hall
Attention Whitewater Township Residents
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Planning Commission Regular Meeting
October 1st
7:00pm Township Hall
A community is authorized to adopt zoning by state statutes. The process allows the people of a Township to choose it by referendum or by resolution. Still it is a choice made by the people. The state does not require a community to zone. Being that this is a choice, the desires of the community need to be known in order to create ordinance that best suits the community. Your master plan is the first step in the process. In this document there must be the laws that give the authority to zone, the laws that protect our rights and the resolution or referendum that shows the desire of the people for the vision for the future.
The zoning that the state allows is created for us by us.
The next issue of concern to the Whitewater citizens
is the updating of the Master Plan. There is nothing in the plan that protects our rights.
We need to give our concerns, objections, suggestions and visions to our board members.
This document guides the creation of zoning and the future of Whitewater Township.
One main question we all need to ask is what law specifically gives them the authority to have a master plan?
MCL 125.328, Section 8(3), says "Approval of the plan by the planning commission under subsection (2) is the final step for adoption of the plan, unless the township board by resolution has asserted the right to approve or reject the plan. In that case, after approval of the plan by the planning commission, the township board shall approve or reject the plan."
One of the most fundamental requirements of a capitalist economic system—and one of the most misunderstood concepts—is a strong system of property rights. For decades social critics in the United States and throughout the Western world have complained that "property" rights too often take precedence over "human" rights, with the result that people are treated unequally and have unequal opportunities. Inequality exists in any society. But the purported conflict between property rights and human rights is a mirage—property rights are human rights.
This is a excerpt from Property Rights by Armen A. Alchian.
This is a very good article you can use the link below to read the full version. www.econlib.org/LIBRARY/Enc/PropertyRights.html
Also on this page the is a link to an article called The Tragedy of the Commons this is a very good article to read as well.
Whitewater Watch Community Survey
And
Comments
Check it out, click on it.
Smart Growth and Its Effects on
Housing Markets:
The New Segregation
A econometric report by QuantEcon for
the Center for Environmental Justice of
The National Center for Public Policy Research
Washington, D.C.
Go to the link below
http://www.nationalcenter.org/NewSegregation.pdf
There is an ancient maxim, probably originally Latin, that goes like this:
THAT WHICH YOU WON’T DEFEND MUST NOT BE IMPORTANT TO YOU.
What is a taking
The United States Supreme Court has recognized that the government may effectively "take" a person's property by overburdening that property with regulations. As stated by Justice Holmes, "[t]he general rule at least is, that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking." Pennsylvania Coal Co v Mahon, 260 US 393, 415; 43 S Ct 158; 67 L Ed 322 (1922). While all taking cases require a case-specific inquiry, courts have found that land use regulations effectuate a taking in two general situations: (1) where the regulation does not substantially advance a legitimate state interest, or (2) where the regulation denies an owner economically viable use of his land. Keystone , 480 US 470, 485; 107 S Ct 1232; 94 L Ed 2d 472 (1987).
Land Use & the American Dream
Most people agree that property owners should be allowed to use their land as they choose provided they don't harm other people or their land. The problem comes when trying to define what harms others and how to prevent such harms.
At the end of the nineteenth century, people realized that the value of their property depended in part on what their neighbors did with their property. A tiny house would be worth more in a neighborhood of mansions, while a mansion would be worth less in a neighborhood of slums.
http://americandreamcoalition.org/landuse/landuse.html
Local & Regional News
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Northern Michigan Community Network
Saturday
10:00am – 12:00pm
A Get Together in
Whitewater Township
Directions to Arnell Boyd pole barn: At Baggs Road (dividing line between Grand Traverse and Kalkaska counties), turn south off of M-72. There is a barn on the left. Turn in the driveway for the barn and you will see the pole barn on your right. Tables and chairs have been set up there as Whitewater Watch is now meeting in this location.
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Attention
To whom it may concern.
My name is Bruce Carpenter and here is my story.
I live at 589 Boardman View Traverse City Michigan 49686. I'm a nature inspired artist. I have lived here on the Boardman River for 14 years.
What is special about this circumstance is, I live within an area that is a part of a public trust dedicated to be preserved for ever within the Grand Traverse Natural Educational Reserve. There are Two Hydro Electric Facilities within this Reserve. The Dam impoundments have created high quality wetland areas unique in the amount of species of fish and wildlife they sustain. Horribly the entire ecosystem in a five mile stretch of river is in danger of being irreversibly damaged. This is saddening enough on it's own but add to the fact that besides the high quality wetlands, fishery, wildlife, public trust and the public's riparian rights all seriously abused, My Constitutional Rights are also being challenged by the County of Grand Traverse County. They are attempting the largest land grab in Grand Traverse County History with their claim to the Bottomlands exposed by Drawing-Down the Historic Dam Impoundment. There is a clear unclouded chain of title through Plat maps Titles, Deeds and agreements to whom the exposed bottomlands are entitled. The decommissioning and threat of removing the Dams is a serious danger to the historic Impoundments and high quality wetlands, fish and wildlife.
Peterson Equipment who has bought all of the generation equipment in both Dams Bordman and Sabin has an offer pending to the County suggesting this project for Educational, Technical Research and Development with efficacious on efficient hydro-electric generation from small dam facilities. Foreseeing lack of supply and the demand projections it doesn't take long to realize the need for relicenceing of these facilities to generate electricity on this river. This can only be beneficial to my community and other communities in similar situations. In a time when nearly every Electric Light and Power Company in Michigan need a percentage of renewable power in their portfolio and most are scrambling to meet the requirements, it defies all logic that Grand Traverse County form a committee to embark on what they call the largest dam removal project in the Country. There are many that believe this should be explored and offered to the public as the largest Dam Restoration project in the Country and as mentioned above, efficacious on research and technical development of efficient hydro-electric generation across the state.
Please Reply to
Bruce Carpenter
589 Boardman View
Traverse City Mi. 49686
Make time to see the lost tree canopy, Mabel Rd which is 2444ft long with two areas stripped for passing and the wonderfully large ditches for the standing water that we have never had and so much more. Come see the WMDLS Interstate highway to nowhere. It was built with no regard to the townships road plan. See the pictures then come see the roads.
Maps
Questions about Zoning and Farming
By creating ordinance that adds controlling ordinances, restrictions, controlled set backs on roads, steams and lake front are we creating a township board that is in a position of authority pre-empted by state action?
Farm Markets are part of a farm and are protected by state statutes.
286.472 Definitions.
(a) “Farm” means the land, plants, animals, buildings, structures, including ponds used for agricultural or aquacultural activities, machinery, equipment, and other appurtenances used in the commercial production of
farm products.
(b) “Farm operation” means the operation and management of a farm or a condition or activity that occurs at any time as necessary on a farm in connection with the commercial production, harvesting, and storage of farm products, and includes, but is not limited to:
(i) Marketing produce at roadside stands or farm markets.
(ii) The generation of noise, odors, dust, fumes, and other associated conditions.
(iii) The operation of machinery and equipment necessary for a farm including, but not limited to, irrigation and drainage systems and pumps and on-farm grain dryers, and the movement of vehicles, machinery, equipment, and farm products and associated inputs necessary for farm operations on the roadway as authorized by the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being sections 257.1 t
286.474 Investigation of complaints involving farm or farm operation; memorandum of understanding; generally accepted agricultural and management practices; unverified complaints; applicability of other statutes; preemption of local ordinance, regulation, or resolution; ordinance proposed by local unit of government; generally accepted agricultural and management practices for site selection and odor controls at new or expanding animal livestock facilities; advisory committee; manure management plan; duties of department; definitions.
(7) A local unit of government may submit to the director a proposed ordinance prescribing standards different from those contained in generally accepted agricultural and management practices if adverse effects on the environment or public health will exist within the local unit of government. A proposed ordinance under this subsection shall not conflict with existing state laws or federal laws. At least 45 days prior to enactment of the proposed ordinance, the local unit of government shall submit a copy of the proposed ordinance to the director. Upon receipt of the proposed ordinance, the director shall hold a public meeting in that local unit of government to review the proposed ordinance. In conducting its review, the director shall consult with the departments of environmental quality and community health and shall consider any recommendations of the county health department of the county where the adverse effects on the environment or public health will allegedly exist. Within 30 days after the public meeting, the director shall make a recommendation to the commission on whether the ordinance should be approved. An ordinance enacted under this subsection shall not be enforced by a local unit of government until approved by the commission ofagriculture.
Take a look at the buildings in Williamsburg's commercial district. There is a potential for 10 or more possible businesses which are closed or vacant. Is our current business district turning into business slums? We are going backwards with the current regulation's, that are not specific to the letter of the ordinance. When does ordinances have the authority to control a business to the point of regulating income or controlling inventory levels? Where does the preconceived definition of the zoning authority on businesses come from? The State of Michigan describes zoning as health, safety and general welfare?
The United States Supreme Court has recognized that the government may effectively "take" a person's property by overburdening that property with regulations. As stated by Justice Holmes, "[t]he general rule at least is, that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking." Pennsylvania Coal Co v Mahon, 260 US 393, 415; 43 S Ct 158; 67 L Ed 322 (1922). While all taking cases require a case-specific inquiry, courts have found that land use regulations effectuate a taking in two general situations: (1) where the regulation does not substantially advance a legitimate state interest, or (2) where the regulation denies an owner economically viable use of his land. Keystone , 480 US 470, 485; 107 S Ct 1232; 94 L Ed 2d 472 (1987).
Questions about Zoning and Business
According to MCL 42.2, the last two sentences we are governed by this group of laws MCL 41.1 thru MCL 41.103.
Which are known as the revised Statutes of 1846.
Where does the authority to do more than what is written in these laws come from?
Go to the Michigan Legislature web site to see for your self.
The new proposed zoning for
Whitewater Township
has been voted down 3 to 1
on 7/17/07
Whitewater Township Trustee Election
While there are many issues that face Whitewater Township none has been more important than the Proposed Zoning Ordinance. (We already have an existing Zoning Ordinance that has evolved over many years.) Many property rights would be forfeited to these new regulations if they become law. The Proposed Zoning Ordinance is completely out of step with the traditions of Whitewater Township, respect for ones neighbors, as well as a sense of personal freedom and self-determination have been the cornerstones of this community since the beginning. These new laws will devalue many properties and the lives of those who own them.
The Proposed Zoning Ordinance separates the Township into Districts. Each District has its own set of regulations. Some examples include: regulating the roof pitch of new buildings or additions, the type of siding you can put on your home, the type of fencing you are allowed to have, how children’s bus shelters are to be constructed and that they must be removed during the summer. Concerning Lakeshore and Road Overlay Districts: if and how trees and brush on private property may be cut, and on and on and on. There are simply too many to mention. It is important for you to obtain a copy of the Proposed Ordinance and see for yourself how your property would be affected.
On May 22, 2007 at Mill Creek Elementary a Public Hearing was held concerning the Proposed Zoning Ordinance. Approximately 200 people attended the Hearing. During Public Comment only 1 person spoke for it while the rest who spoke were against the Ordinance. After each speech against the Ordinance, the crowd broke out in unanimous applause.
This Hearing was crucial in delaying the Proposed Ordinance. At the Hearing it was announced that the Planning Commission Chairman Joe Anderson resigned. The following week, Township Trustee Dieter Amos resigned. On July 17, 2007 the Whitewater Township Board voted 3 to 1 to decline the Proposed Ordinance, but this fall to continue work on developing a New Zoning Ordinance. Treasurer Anne Couturier was the lone vote in favor of the Proposed Zoning Ordinance. The future likely will hold yet another attempt at passage of a similar version of the first Proposed Ordinance. Unless, of course, you get involved
We along with Our neighbors ultimately own this Township. Together we give authority and trust to those on the Board. We have the opportunity to make some changes for the betterment of our Township and futures.
Thank You, Steven J. Mangus
Foundation for Economic Education
Link to Public Notices: www.mipublicnotices.com
Link to State of Michigan Court Administrator: http://courts.michigan.gov/scao/
Link to Michigan Legislature: www.legislature.mi.gov
Link to Attorney Generals Office: www.michigan.gov/ag
Link to Department of State: www.michigan.gov/sos
Link to Grand Traverse Law Library: www.tadl.org/index/lawlib.htm
Link to Osterlin Library NMC: www.nmc.edu/library/
Link to Library of Congress: www.loc.gov/index.html
Property Rights Foundation: http://prfamerica.org/
SUSTAINABLE DEVELOPMENT www.newswithviews.com/Shaw/michael9.htm
Michigan Tax Tribunal l www.michigan.gov/taxtrib
PUBLIC NOTICE OF WHITEWATER TOWNSHIP REGULAR MEETINGS
to be held at the Whitewater Township Hall, 5777 Vinton Rd.
PO Box 159, Williamsburg, MI 49690, (231) 267-5141
The Whitewater Township Board
will meet in regular session for the 2008/2009 fiscal year on
the following dates at 7:00 p.m. at the Whitewater Township Hall, 5777 Vinton Rd., PO Box
159, Williamsburg, MI 49690:
Tuesday, August 19 Tuesday, December 16
Tuesday, September 16 Tuesday, January 20
Tuesday, June 17 Tuesday, October 21 Tuesday, February 17
Tuesday, July 15 Tuesday, November 18 Tuesday, March 17
The Whitewater Township Planning Commission will meet in regular session for the
2008/2009 fiscal year on the following dates at 7:00 p.m. at the Whitewater Township Hall
Wednesday, December 3
Wednesday, January 7
Wednesday, October 1 Wednesday, February 4
Wednesday, November 5 Wednesday, March 4
The Whitewater Township Zoning Board of Appeals will meet on the following dates at 7:00
p.m. for the 2008/2009 fiscal year at the Whitewater Township Hall:
Thursday, December 18
Thursday, September 25 Thursday, January 22
Thursday, October 23 Thursday, February 26
Thursday, November 20 Thursday, March 26
The Whitewater Township Historical Society will meet in regular session for the 2008/2009
fiscal year on the following dates at 7:00 p.m., except as noted, at the Whitewater Township Hall
December (no meeting)
Tuesday, September 23 Tuesday, January 27
Tuesday, October 28 Tuesday, February 24
November 25 Tuesday, March 24
Whitewater Township will provide necessary reasonable auxiliary aids and services to
individuals with disabilities who plan to attend. Contact the township clerk at (231) 267-5141 or
call (231) 922-4760 (TDD 946-4412) as soon as possible.
Carol Hockin, Clerk
Posted April 8, 2008 at 11:30 a.m.
This notice is posed in compliance with PA 267 pf 1976 as amended (Open Meetings Act),
MCLA 41.72a(2)(3), and the Americans With Disabilities Act (ADA).
A copy of this notice is on file in the office of the clerk.
Whitewater Township Contact Information
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WHITEWATER TOWNSHIP __________________________________________________________________________________________________________________________ |
Contact us at, contact@whitewaterwatch.com
Send mail to: Whitewater Watch, PO box 161, Williamsburg MI 49690
or call
Cheryl Walton 231-645-5135
Glenn Savage 231-267-5563