Food truck ordinance to be reviewed

By Megan Kelley
Review Writer
LAKE ORION — During its meeting on June 12, the Lake Orion Village Council discussed an ethics ordinance and roadway solicitation ordinance which the village could potentially adopt, and the current food truck ordinance, which some council members felt needed to be looked at again.
Ethics Ordinance
The council held the first reading of a proposed ethics ordinance that it has been discussing for months. The ordinance was drafted by village attorney Mary Kucharek after a special meeting in May where the council received a presentation from James Robb, chair of the City of Birmingham Ethics Board.
Council members Michael Lamb and Nancy Moshier said there were things that had been discussed at the May meeting that were not included in the proposed ordinance, like having to disclose property ownership.
“The Ethics Ordinance in itself is a wonderful document and it encourages employees and village council people to disclose if, say for instance you’re using a business property for your own personal use like storing boats or something,” Lamb said. “It would suggest that you would disclose this and then not involve yourself in any proprietary approval, say if you’re on the planning commission or the village council. This would encourage council people to stay out of businesses that they’re already mixed-up in.
“However, there is this disclosure agreement by the attorney, unfortunately a lot of people don’t own businesses and disclosure in ethics sounds great but one of the things is: what is the nature of your interest in real property? Well, none of your business. I’m a real estate land developer and broker, I’m not going to tell you what properties I own in the village. If I have a business interest with my properties involving the village, I would be happy to disclose in full detail what that interest is. But if I were to tell you in advance what my interests are in a piece of real estate, I would be hampered in conducting my business and possibly totally destroy my profit potential,” Lamb said. “Recently, one of our council people was questioned on his ethics because he was involved in a real estate deal. He was totally innocent but just because he was involved in it. He disclosed fully his involvement in it and it wasn’t a problem.”
Lamb also raised concerns about a section that would require council members to provide personal information like names and addresses of family members.
Councilmember Carl Cyrowski added that he would also like to hear from the attorney regarding adding a clause that would not allow members of any council member’s family to be employed by the village or appointed to any boards or positions.
Because the village attorney was not present at the meeting, none of the questions about these items could be answered. The council voted unanimously to postpone the first reading until the meeting on July 10 and to have the village attorney present at that meeting.
Roadway Solicitation Ordinance
The council also held a first reading of the Roadway Solicitation Ordinance.
Currently, the village does not have an ordinance that would allow roadway intersection solicitation by certain individuals and organizations.
“The Attorney General (of Michigan) issued an opinion several years back prohibiting (roadway solicitation) and AG opinions are usually levied because there is no statute, or the legislature did not pass a statutory law, so therefore an opinion is needed. So, post opinion, the Michigan Legislature then created a statute saying it is now allowed. But within that statute, they recommended, if not required, that municipalities adopt an ordinance as to the governance of that,” said council President Jerry Narsh.
The council voted unanimously to continue with the first reading, to have the village clerk publish a synopsis and to have the village attorney present at the next meeting. The public hearing and potential approval are expected to take place at the July 10 regular meeting.
Mobile Food Establishments Ordinance
The council looked at the village’s current Mobile Food Establishments Ordinance. With some new food trucks in the area, food truck owners have found issues with the current ordinance and council members said the ordinance now delegates administrative authority to Orion Township rather than the village itself.
“I am for you guys re-looking at the mobile food ordinance, because it does have a lot of jargon in there that is really more so on the food trucks liability and responsibility of things,” said food truck owner and resident Garrett Hoffman. “Basically, what it comes down to is safety. If that’s what you want to look at, the fire department that you share with the township is already doing that so I would adopt that within your ordinance.”
Hoffman was among several food truck owners who spoke during the meeting to point out issues with the current ordinance.
“I just wanted to say thanks for your input. When I read it I too had a couple of questions – it just didn’t seem super clear to me in a couple of places. But (I’m) also looking forward to finding what is good for our community, what is good for the mobile food trucks as well,” said council President Pro-Tem Teresa Rutt. “I will say, the only issue I saw is the other day I wanted Jamaican food and it was sold out.”
The council voted unanimously to move the review to the next regularly scheduled meeting and directed administration to assemble information including sample ordinances from neighboring communities.