Any appeal to this decision must be filed within 30 days from it’s issue date of June 6th 2022, with the village clerk, bancroftclerk@gmail.com .

Jeff,

After trading e-mails with the village over the definition of dwelling unit I have come to the following determination:

-A dwelling unit is defined as: “A building or portion thereof designed exclusively for residential occupancy by one (1) family and having cooking facilities.”
-The site plan excerpt shown on the most recent submission of the Welcome Home Vets project showed a sample unit with a fridge and a microwave and a single bed
-Family is defined as “An individual or two (2) or more persons related by blood, marriage or adoption, or a group not to exceed two (2) persons not related by blood or marriage, occupying a premises..”
-A fridge and a microwave would appear to meet the requirement for cooking facilities and a single person would constitute a “family” under the ordinance. Based on that it would appear that each proposed “unit” would constitute a dwelling and therefore the project would meet the definition of a multi-family dwelling project.

Please keep in mind that in the end site plan approval is the jurisdiction of the Planning Commission and it may agree or disagree with my determination above. Also, the 2018 Plumbing Code requires a bathtub/shower, lavatory and kitchen sink for one and two family dwellings so although the project may comply with the zoning ordinance, it may not be consistent with other codes.


J Douglas Piggott, FAICP | Associate | Senior Planner
ROWE PROFESSIONAL
SERVICES COMPANY
540 S. Saginaw Street, Ste. 200 | Flint, MI 48502
O: (810) 341-7500 | F: (810) 341-7573 | C: (810) 869-5110
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Gormley and JohnsonLaw Offices, PLC

Attorneys and Counselors at Law

John L. Gormley, Esq. email – john@gormleylaw.net www.gormleylawoffices.com

101 East Grand River Avenue Fowlerville, MI  48836 Phone: (517) 223-3758

Christopher S. Johnson, Esq. email – chris@gormleylaw.net Fax: (517) 223-8233

Tuesday, June 7, 2022 Village of Bancroft

Village Council

Planning Commission

PO Box 97

Bancroft, MI   48414-0097

               RE:   Opinion of Zoning Administrator on WHV’s Property

To Whom It May Concern:

In May, Jeff Brands, on behalf of WHV, submitted a sketch of the floor plan for two proposed units at the WHV facility to the Village’s Zoning Administrator, Doug Piggott.  It is my understanding that WHV may have sought approval that the unit(s), as outlined in the sketch, constituted a “dwelling unit” under the language of the Village’s Zoning Ordinance.  That sketch is attached to this letter as Exhibit A.  On June 6^th the Zoning Administrator issued an opinion, via email, declaring (based upon the proposed layout in the sketch):

A dwelling unit is defined as: “A building or portion thereof designed exclusively for residential occupancy by one (1) family and having cooking facilities.”

-The site plan excerpt shown on the most recent submission of the Welcome Home

Vets project showed a sample unit with a fridge and a microwave and a single bed Family is defined as “An individual or two (2) or more persons related by blood, marriage or adoption, or a group not to exceed two (2) persons not related by blood or marriage, occupying a premises..”

-A fridge and a microwave would appear to meet the requirement for cooking facilities and a single person would constitute a “family” under the ordinance. Based on that it would appear that each proposed “unit” would constitute a dwelling and therefore the project would meet the definition of a multi-family dwelling project. [See email opinion attached as Exhibit B.]

As you are aware, under the Stipulated Order that resolved the recent lawsuit brought by WHVP against the Village of Bancroft:

WHVP is permitted to construct up to 34 Dwelling Units (Apartments) within the existing building, provided the newly constructed Dwelling Units otherwise comply

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with all other laws, including but not limited to, the Village Zoning Ordinance, applicable Building Codes, Country and State of Michigan Health, Drain, and Sewer Codes, applicable Fire Codes, Village’s Municipal Water Ordinance, and any other applicable Federal, state and local statutes, or ordinances. [See Stipulated Order Section 4.4.]

This opinion from the Zoning Administrator can be appealed by “any person aggrieved by any officer . . .  of the Village” to the Zoning Board of Appeals under Section 5.3.2 of the Zoning Ordinance within thirty (30) days after the date of the mailing of the decision.  As the opinion was emailed on June 6^th, any appeal would need to be filed by July 6, 2022 with the Secretary of the Zoning Board of Appeals and served upon the Zoning Administrator.  Any appeal must specifying the grounds upon which the appeal is based.

This opinion indicates that these units constitute “dwelling units” under the Village’s Zoning

Ordinance.  WHV has not yet (to the best of my knowledge) filed for site plan approval by the Planning Commission, nor submitted sealed blue prints for approval of the project as complying with state building, plumbing or other codes.  I bring this matter to your attention because many of you, as well as many of the members of the public, might be interested in this decision and may not have notice that this opinion was being sought by WHV, nor was decided by the Village’s Zoning Administrator.

If you have any questions, please contact me.

Sincerely,

Christopher S. Johnson

Christopher S. Johnson

Gormley and Johnson Law Offices, PLC

Attorneys for the Village of Bancroft

Village of Bancroft

120 Warren Street P.O. Box 97

Bancroft MI  48414

Phone:  989-634-5375  Fax:  989-634-5911

E-Mail: bancroftmichigan@gmail.com www.villageofbancroftmi.org

Date: May 5^th, 2022

Dear Residents,

The village currently has numerous delinquent water accounts. Starting June 1^st, 2022, all delinquent accounts will be turned off unless paid in full prior to the above date.

There is a $75.00 disconnect fee, as well as a $75.00 reconnect fee that will need to be paid once water is turned off.

It is against both state law and village ordinance to give away water. It also makes it difficult for the village to pay it’s loan debt when water bills go unpaid.

The ordinance can be viewed on our website: www.villageofbancroftmi.org.

Respectfully

Brian M Barnum

Village President

Village of Bancroft MI Job Description

Posting Date: February 3^rd, 2022

Closing Date: Open Until Filled

Submit resume to: bancroftpresident@gmail.com

For questions please contact Brian Barnum @ 989-666-7153 or at the email listed above.

Position: Village Clerk

Hours: Part time, 8-16 hours per week as required

Wages: Based on Experience and Qualifications

General Description: This position is primarily responsible for overseeing and directing payroll, licensing, permits and recordkeeping within the Village in compliance with municipal ordinances and state statutes, including Act 3 of 1895. This position shall work closely with the Village President, Council, Employee’s, Residents and Vendors. Must be proficient in QuickBooks and BS&A Software Systems along with standardized accounting, filing and clerical practices.

Duties and Responsibilities:

• Serves as the custodian of all records for the Village, coordinating the preparation of current and archived Village records efficient and effective storage.
• Serves as custodian of the corporate seal and assures proper use of said seal.
• Countersign and register all licenses.
• Makes reproductions in accordance with the Media Records Act 1992 PA 116.
• Administer oaths and affirmations.
• Responsible for the preparation and publication of agendas in accordance with the Open Meetings Act.
• Responsible for all minutes of the Village Council, committees, and commissions, as assigned.
• Coordinates publication of approved ordinances and resolutions, as required.
• Responsible for being the custodian of assets of the Village, filing insurance claims, coordinating property and liability insurance renewals, and re-bidding Village insurance coverage as directed.

• Signs all checks together with the Treasurer.
• Assist with the collection of property taxes, water and garbage fees, and other accounts receivables.
• Collect claims against the village, present them to the council for allowance and, if allowed, submit check disbursement authorization to treasurer.
• Assist Village President in preparing budgets on an annual basis.
• Serve as the general accountant.
• Assists in drafting ordinances and resolutions, as necessary, for review by the Village attorney.
• Attends evening meetings as needed, requested or required.
• Other duties required by law and other related duties as assigned.

Preferred Qualifications

• Thorough knowledge of the functions and organization of village government and the workings of the Village Council.
• Thorough knowledge of Michigan laws and local ordinances related to the duties of the office of Village Clerk.
• Experience in preparing minutes and other reports related to official proceedings of the Village Council, or other committees.
• Experience in developing effective working relationships with elected or appointed municipal officials.
• Experience in customer service and strong knowledge of office management practices.
• Ability to effectively communicate, orally and in writing.
• Ability to respond to common inquires or complaints from the public, regulatory agencies, or staff members.
• Ability to write business correspondence, reports, and articles for presentation to public groups and the Village Council.
• Ability to solve practical and complex problems and deal with a variety of concrete variables in situations where only limited standardization exists.
• Ability to define problems, collect data, establish facts, and draw valid conclusions.
• Good organizational skills and ability to maintain and foster cooperative working relationship with peers, Village Council, and the public.
• Ability to set goals, plan, organize, implement, monitor, and meet deadlines independently as well as in a team setting.
• Ability to work irregular and/or extended hours.
• Ability to utilize various computer programs to access, input and retrieve information and perform a variety of record keeping functions.
• General knowledge of computer hardware and software including software for accounting, database, Internet, inventory, payroll, project management, spreadsheets, and word processing. Software includes, but is not limited to the following: Microsoft Word, Excel, Quickbooks, BS&A, and other similar software
• Ability to maintain confidentiality of all Village business.

Clerk’s Typical Work Items include but are not limited to the following.

Weekly Duties:

– Prepare payroll for Village employees
– Prepare reports, individual man hours for DPW workers and equipment rental hours
– Prepare and send Village correspondence as required
– Filing

Monthly Duties:

– Prepare payroll for elected officials
– Pay IRS deposit for payroll
– Pay state withholdings
– Pay MERS insurances
– Pay all bills due
– Assist in preparing council agenda
– Attend council meeting and take detailed, accurate minutes

Quarterly Duties:

– Prepare and file IRS 941
– Pay unemployment insurance

Annual Duties:

– Prepare and file state annual withholdings
– Prepare employee’s W-2’s
– Prepare sub-contractor’s 1099’s
– Prepare and file W-3
– Renew insurances
– Audit with MML for workers compensation insurance
– Audit with MML for liability insurance
– Assist in preparing draft budget for upcoming fiscal year
– Assist in preparing CVTRS report.

– Assist with yearly audit

Job Type: Part-time

Pay: Based on experience

Education: High school or equivalent (Preferred)

Experience: Customer service: 1 year (Preferred)

Work Location: Village Office

Work Remotely: Some Possible