EAGLE LAKE IMPROVEMENT ASSOCIATION, INC
Eagle Lake, Ontwa Township, Cass County, Edwardsburg MI
Mission
To Improve, Promote and Preserve the Quality of "Lake Life" in the Eagle Lake Area, Since 1961
Announcements
* 1) BREAKING NEWS - 3/19/10 - from the COURT of The HONORABLE JUDGE STUTESMAN: The parties met and presented their cases today during a 90++ minute session in the Court House at Centreville. Many ELIA members were in attendance. After hearing fully from all parties, Judge Stutesman rendered eight (8) major findings/rulings in the case which were all favorable to the Township and ELIA. We must wait for the Judge's written order before we go into more specifics. The official written order, when available, will fully describe the decision and dismissal. We will also have to wait to determine what appeal action, if any, might be taken by THE DOCK, LLC.
** 2) HEARING DATE - UPDATE as of 3/18/10: As of this morning (3/18), all indications are the Court Hearing Date for 3/19/2010 at 0900am in Centreville is still "ON - schedule." We have not yet seen any of the Interrogatories from THE DOCK/DELANO which were due on 3/15/2010. It is shaping up to be an interesting morning in the Court on 3/19/2010. More info will be posted as it becomes available.
*** 3) LAW SUIT UPDATE as of 2/22/2010: Based on Motions to Compel filed by Ontwa Township and ELIA, a hearing was conducted in the Court of Honorable Judge Paul Stutesman on Monday 2/22/2010. Because THE DOCK, LLC, did not appear earlier for required Depositions, and did not produce answers to the Interrogatories, the assigned judge granted our motions to Compel Discovery. THE DOCK LLC is now required to appear for Depositions on 3/3/2010. THE DOCK is also required to provide written answers to the Interrogatories by 3/15/2010. The Judge also rejected THE DOCK's request for additional time extensions due to claimed linkage to a lawsuit filed against the Cass County Road Commission (CCRC). Accordingly, the hearing date for our MOTIONS filed TO DISMISS THE DOCK's Lawsuit will be heard on Friday March 19, 2010 at 0900. We will keep you posted, and check our website for info as it becomes available.
****4) WE HAD GREAT PARTICIPATION IN THE S.W.M.P.C. TRANSPORTATION SURVEY!!! 18 Ontwa area property owners responded to the transportation survey conducted by The Southwest Michigan Planning Commission. We were the one of the top responding areas. The data collected from all of us will be considered when transportation projects are selected and funded from 2011 thru 2014. One of the top responses recorded from citizens was the need for more bikeways and walking paths. We participated and we have been heard!
*** 12/14/09 ONTWA TOWNSHIP PASSES NEW ANTI-FUNNELING/ANTI-KEY HOLING ORDINANCE ***
Since Late October 2008, the ELIA Board has worked with Township officials to amend and improve the Ontwa Zoning Ordinance relative to Anti-Funneling / Anti-Key Holing. Following a unanimous YES vote by the Ontwa Planning Commission in 11/2009, the Township Board considered the ordinance at the Township Board meeting on 12/14/09. After discussion, the Township Board voted "5-Yes" to "2-No" to implement the amended/improved ordinance. The approved ordinance strengthens the definition of "access property", places reasonable lake front lot size restrictions on property used as "access property" only, and governs the placement of docks on such property. Voting "YES" in favor of this significant Riparian friendly ordinance were: Supervisor J. Brielmaier, Trustee J. Duck, Trustee N. Krupp, Treasurer M. Christensen, and Trustee J. Marchetti. Voting "NO" to this important ordinance were: Trustee J Kozinski, Clerk P. Ralph. ELIA is grateful for the support and wisdom expressed by those officials who voted "YES" to pass this ordinance.
*SPECIAL LINK TO Q&A's ABOUT THE PROPOSED SETTLEMENT, Click==>HERE!
***COURT UPDATE & NOTICE OF MEETING & REPORT OF MEETING OF ONTWA TOWNSHIP BOARD HELD MARCH 9, 2009
The regular monthly meeting of the Ontwa Township Board (BD) was held at the Township Hall on March 9th, commencing at 7:00 p.m. (EDT). All Board Members were present. A large group of concerned citizens was also in attendance to express individual and collective disappointment in and disapproval of the Board's action in having tentatively agreed to a Consent Judgment in the Dock LLC v. Ontwa Township pending litigation. The action of the Board amounted to what appears to be a total capitulation, abandonment and reversal of its previous action denying the rezoning of the Dock property at the east end of the lake.
Fortunately, the Association has been given the opportunity by the court in Centreville to comment regarding the legitimacy, legality and content of the proposed Consent Judgment. This was done by the Association at a court hearing held March 6th, which has been continued and recessed until April 17th without any decision having been reached by the court.
At the 3/9/09 Township meeting, ELIA presented our position to the Board. That position has remained constant since June, 2006, when development at the Dock was first proposed at a number of informal neighborhood meetings held by the developer. The position has been and remains:
1. If the property is to be developed other than as currently zoned, (Service Commercial) and zoning is changed, it should be changed to LR (Single Family Lake Residential);
2. The development should comply with the density, building, area, size, configuration, lake and channel access and dockage and all other applicable provisions of the Township Zoning Ordinance and other applicable ordinances;
3. Eagle Lake Road should not be moved from its present right-of-way; and
4. The rights of the public in and to the public right-of-way of Eagle Lake Road extending westerly from the traveled portion of the roadway to the waters of the lake, both north and south of the outlet channel, must be preserved.
The primary representative of the developer, who was and may remain a member of our Association, has been fully aware of that position since at least August, 2006. It has been published on several occasions over the past two-plus years.
At the Ontwa Board Meeting, ELIA pointed out several violations contained within the Proposed Agreement, which are: Violation of the Township zoning, private road and site condominium ordinances. We requested the Board to follow its own laws, which the rest of us are required to do and pointed out that NO TOWNSHIP Board is above-the-law of its own Zoning Ordinance. Finally, we advised the Board Members of the intention of the Association to file a lawsuit seeking to overturn the Township's tentative approval of the proposed Consent Judgment for reason of the Board's apparent violations of the Michigan Open Meetings Act in arriving at its decision.
After our presentation the meeting adjourned without any comment from any Board Members. We asked that before any member issue any comment that he or she read the volumes of material (Relevant excerpts from the Ontwa Zoning Ordinance) which we gave them at the meeting.
The next scheduled meeting of the Township Board will occur April 13th. If there is a special meeting, we will be notified of it in advance so that you may attend. We would appreciate your noting your calendars to attend the April 13th Township meeting at which time we hope to advise the Township Board to reverse its consent. Please plan to attend and we request as many of you as possible attend the April 17th court hearing in Centerville if your schedule permits.
ELIA Board of Directors
-----------------------------------------------------------------------
*** ELECTION 2008 - ONTWA TOWNSHIP INFORMATION ***ELIA has mailed questionnaires to all local candidates to obtain their views on the important concerns of citizensaround Eagle Lake. CLICK_HERE_TO_READ==>>(***)----------------------------------------------------------------------------------------------------------*** Ontwa Township "ALL Lakes Meeting" -RESULTS ***CLICK_HERE_TO READ SYNOPSIS===>>>(**)------------------------------------------------------------------------------
Paul J. Sniadecki, webmaster, 23949 North Shore Dr, Edwardsburg Mi 49112
Best Viewed at 800x600 or higher resolution, with IE
