St. Ambrose, Homestead Twp. agree to hire sound engineer in ongoing lawsuit

May 9—BEULAH — A sound engineer with proper tools can measure decibels inherent in a bee's buzz or a whole hive of activity, yet likely can't say what will disturb the repose of a person of normal sensitivities.

Still, Frederik Stig-Nielsen is hopeful such a professional will bring clarity to an ongoing lawsuit that has occupied the attention — and the finances — of a winery owner and Homestead Township officials since 2019.

"The township and Kirk have agreed to hire a sound consultant to conduct a field study of decibel levels at the winery," Stig-Nielsen said, of his client, Kirk Jones, who with his wife Sharon, owns St. Ambrose Cellars on Pioneer Road.

"Hopefully this will provide everyone with some objective criteria about the quality and quantity of sound produced by the live outdoor music," Stig-Nielsen added.

The agreement is the latest action in a civil case that started with a $125 ticket Jones received for violating the township's noise ordinance — which prohibits disturbing the repose of a person of normal sensitivities — and, at last count, had cost taxpayers more than $50,000 in legal fees.

A stinging sum for the approximately 2,400 residents of this rural township in Benzie County, that spent a total of just over $480,000 for salaries, purchases, services and other expenditures in fiscal year 2019, information from the Michigan Dept. of Treasury shows.

Township Supervisor Tia Kurina-Cooley did not return a call seeking comment.

Homestead Township Board minutes show Kurina-Cooley suggested holding a "Special Public Input Meeting," regarding the noise ordinance, but was discouraged by Clerk Karen Mallon and Trustee Mike Mead, citing COVID-19 restrictions and the pending litigation.

The ticket, written by the township's noise ordinance officer John Brazaski during a wedding reception at the winery in October 2019, has given rise to multiple lawsuits, a taxpayer-funded appeal, accusations against 85th District Court staff, and a request from the township that the judge in the case recuse himself, which was denied.

In February, a new township board — some elected on a platform of quelling quarrels with Jones and St. Ambrose — took up the issue during a trustee meeting with attorneys from two firms representing the township in attendance.

Jones, who is suing the township for what he says is a violation of a Freedom of Information Act request filed in 2020, offered to drop that suit in exchange for the township ending their defense of the noise ordinance lawsuit.

A motion to do that failed 3-2, with Christina Corey, Mallon and Mead voting against, and Kurina-Cooley Treasurer Patricia DeLorme voting in favor.

A motion to direct the township's attorneys Tom Grier and Christopher Patterson to negotiate with Stig-Nielsen, passed along the same split vote, minutes show.

The agreement to employ a sound engineer, who will visit the winery sometime in late June when bees, and live music, are most active at St. Ambrose, came out of those negotiations, Stig-Nielsen said.

The FOIA lawsuit is ongoing, Stig-Nielsen said, and he is now awaiting responses from the township for his requests for additional discovery.