TRAVERSE CITY -- The leader of an Ohio-based hospitality group convicted of illegally bulldozing a portion of Grand Traverse Bay is in jail after he failed to complete court-ordered community service.
Joseph Moffa, an owner of the Cherry Tree Inn on U.S. 31 North in East Bay Township, violated state environmental laws when he had a bulldozer drive more than 120 feet into the bay behind the hotel in November 2006.
Moffa was convicted on two misdemeanor counts and was sentenced in November 2008 to a year of probation and 30 days community service.
Moffa had until July 1 to complete his community service requirement but worked just five days by the deadline. He pleaded guilty on July 23 to a probation violation and 86th District Judge Michael Haley sentenced him to 25 days in jail.
"The ground was covered in snow almost until April, so there was just not a lot of work he could do," said Joseph Quandt, Moffa's Traverse City attorney. "He also had a series of personal health issues and health concerns with his family."
Moffa was supposed to do community service with the Grand Traverse Conservation District, a government organization that manages public lands and promotes environmental protection through education and volunteerism.
Haley allowed Moffa to enter a work release program to complete his duties with the conservation district or The Watershed Center Grand Traverse Bay. His sentence was to be reduced by a day for every day he worked, but Quandt said the conservation district didn't have sufficient work to accommodate Moffa, and the Watershed Center declined.
Andy Knott, Watershed Center executive director, said they didn't have much work for Moffa and they didn't want to supervise someone "who's not living up to their commitments."
Lew Coulter, executive director for the conservation district, was on vacation and couldn't be reached for comment.
Quandt also said it's against county jail policy to provide work release for out-of-state residents.
Moffa is president of Ohio-based Omni Hospitality and vice president of Pride One Cherry Tree LLC, which eventually reached agreement with state regulators to restore the damaged Great Lakes bottomlands.
Quandt filed a motion July 31 and asked Haley to release Moffa from jail and allow him to finish the remaining 12 days of his sentence doing community service in an environmental capacity. The motion remains under consideration.
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