ESCANABA — The Delta County Election Commission has determined that recall petition language submissions related to two Fairbanks Township officials will be able to go forward. The decision was made during a clarity hearing at the Delta County Probate Courtroom Tuesday morning.

“We are here today to consider … two proposed languages for recall,” Delta County Probate Court Judge Robert Goebel Jr. said at the start of this hearing. Along with Goebel, Delta County Clerk Nancy Kolich and Delta County Treasurer Tom Sabor are members of the commission.

Recall petition language focusing on Supervisor Ronald Collins, Clerk Kathryn Denholm, and Trustee James Dalgord of Fairbanks Township and Supervisor Morgan Tatrow of Garden Township was not approved by the Delta County Election Commission during a clarity hearing in January. This decision was made because members of the commission found the submitted language vague and difficult for voters to understand.

In another clarity hearing held in early May, recall petition language focusing on Tatrow and Denholm was approved. However, language focusing on Collins and Dalgord was not approved by the commission.

Fairbanks Township resident Autumn Moore — who submitted the language dealing with Fairbanks Township officials that was discussed at the commission’s previous clarity hearing — also submitted the new language related to Collins and Dalgord that Tuesday’s clarity hearing focused on.

The new language states that these officials “(voted) yes on a motion to grant Heritage Sustainable Energy township consent to place electrical power lines within the Delta County road right-of-way without requesting Heritage provide compensation to the township.” This motion was approved during a special meeting of Fairbanks Township officials in September 2017; in a meeting held the following month, a vote was taken to rescind the motion.

In 2012, Heritage completed the construction of 14 wind turbines in Garden Township. Ever since the wind farm was proposed, the community has been divided over the issue. Heritage is currently planning to build 36 additional turbines in Garden and Fairbanks townships.

The first language submission the commission discussed Tuesday focused on Collins. During public comment on this language, Collins said the new language was not free from clarity issues.

“Both petitions have the same clarity issue, in that they don’t differentiate between breaking the law or someone just not getting what they wanted,” he said.

He also disputed the factual accuracy of the new language.

“I understand that the truth of the petitions are not being decided today, but — just for the record — I’d like to say that, once again, the accusation’s false,” he said. According to Collins, the board asked for and received compensation from Heritage for the cost of holding the September special meeting where this decision was made.

In addition to this, Collins noted that — while he and Dalgord voted to grant Heritage consent to use power lines within the right-of-way — the board’s vote on this matter was unanimous.

Dalgord also spoke during public comment on the language dealing with Collins. At this time, he said that he was unsure what the board was supposed to ask Heritage for in terms of compensation.

“There’s compensation automatically there for stuff like this, (because) they have to pay … personal property tax on (these) things like the light company does. They pay personal property tax — that’s compensation to the township, and, of course, the county and so on,” he said.

Sabor said he had some questions regarding compensation for the use of right-of-ways in Fairbanks Township. Kolich noted that, given Sabor’s confusion, the language could be even harder for area residents to make a decision on.

Later, Sabor noted that — as Collins and Dalgord did vote yes on a motion to allow Heritage to use the right-of-way without requesting compensation for this usage beyond personal property taxes — the language submitted by Moore was factual.

“The fact of the matter is, they did vote yes,” he said.

Goebel said that, as the commission’s role in this situation is limited to determining whether or not submitted language is clear enough to appear on petitions, these topics could be dealt with during the election process.

“I think it certainly presents issues, but perhaps those issues are what the election (could) be about,” he said.

The language dealing with Collins was unanimously approved.

During public comment on the other language submission in question, Dalgord said the fact that commission members had questions regarding compensation should serve as a warning sign.

“If you’re struggling with it this much with the minutes in front of you and us discussing it, I’m guessing that the voters out there, when they come to sign this petition, are going to struggle very hard to understand … what it means,” he said.

The language dealing with Dalgord was unanimously approved by the commission, as well.

After the meeting, Collins read a statement regarding this situation.

“No member of our board did anything illegal or made a decision that they did not believe was in the best interest of the township, and I find it very disturbing that an individual can make these petty accusations and force the county and the township to spend taxpayer dollars to advance their own personal agenda and ambitions,” he said.

As a result of the commission’s votes, Moore will be able to circulate the petitions dealing with Collins and Dalgord. These petitions will need 39 signatures to be successful; this number is equal to 25 percent of the turnout for the last gubernatorial election in Fairbanks Township.

The language for these petitions will be valid for 180 days, and signatures must be submitted within 60 days of being received. If the petitions are successful, a special recall vote will take place to fill the affected positions during the next township election after the signatures are submitted. (For this vote to appear on the November 2018 election, the required number of signatures would need to be submitted by Aug. 3.)