The Hayes Township, MI Watchdog: 2010

Monday, December 27, 2010

Letters Suppressed by Lyle, Letter #7 - Ordinance Violations

C/O Hayes Township Clerk

P.O. Box 310

Harrison, MI 48625

Ignorance of the law is no excuse for breaking it.

1. On Doug Longenecker’s Application For Special Land Use, dated 15 Oct 2009, There is a section on the form that says, “Briefly describe the proposed land use and attach a written narrative addressing the ‘standards of approval’ pursuant to Section 1603, 3 a-e of the Township Zoning Ordinance.”

In order to properly fill out this form, the applicant must first read section 1603, 3 a-e of the ordinance. Any applicant who claims, as Doug Longenecker did in an interview with the Clare County Cleaver on 20 March, 2010, that he “did everything the township told him to do,” would have to read that section of the ordinance in order to comply with it.

2. Mr. Longenecker’s entire narrative consists of the following: “Motocross/ATV/Snowmobile Park”

Based on the narrative Mr. Longenecker provided, it is apparent that he did not read Section 1603, 3 a-e of the Hayes Township Ordinance. “Keeping in contact with Hayes Township personnel,” as Mr. Longenecker claims in another Clare Counter Cleaver article, dated 25 March, 2010 does not change the fact that for all of his good intentions, he did not read the ordinance. The narrative is not in compliance with the directive on the form.

3. Farther down on the same form it states: A complete site plan containing all applicable data outlined in Section 1602, of the Hayes Township Zoning Ordinance must accompany this application.

Based on the site plan submitted at the time, it is obvious that Mr. Longenecker did not read Section 1602 of the Hayes Township Zoning Ordinance, because the site plan Mr. Longenecker submitted did not approach compliance with the ordinance.

4. Mr. Longenecker signed the application dated 15 October 2009. The statement next to the signature block of the form states: “By signing this, I hereby grant permission for members of the Planning Commission and the Zoning Administrator to enter the above-described property for the purpose of gathering information. I also acknowledge that I have received a copy of Article XVI of the Hayes Township Zoning Ordinance from the Zoning Administrator along with this application.

In signing the application, Mr. Longenecker acknowledged receipt of Article XVI of the Hayes Township Zoning Ordinance. I’m sure that Mr. VanWormer was not remiss in his duties to hand Mr. Longenecker a copy of Article XVI with the application; that is if Mr. VanWormer was not completely cut out of the process. He seems to be conspicuously absent from the original process. If Mr. Longenecker received the application online, then the entire Hayes Township Zoning Ordinance was available to him on that same website. In any event, Mr. Longenecker has no excuse for not reading and complying with the applicable sections of the Hayes Township Zoning ordinance in preparing both his Site Plan and his Application For Special Use. Any non-compliance in the preparation of both the application and the site plan lie purely with Mr. Longenecker and not with the Planning Commission or Mr. VanWormer. If Mr. Longenecker was indeed acting in good faith, then his cavalier attitude with which he approached both the application and the site plan should give the Planning Commission pause before approval of a special use for a business venture. Especially one in an area inappropriately zoned for such a venture.

5. The actions of the Planning Commission after receipt of the Application and accompanying site plan have already been covered.

6. It is my understanding that the Site Plan he turned in on 30 Mar 2010 in the “do-over” was the exact same site plan as the one he turned in on 15 October 2009. Apparently as of that date, Mr. Longenecker’s Site Plan was still not in compliance, and he was still blissfully unaware of what was required of him. The onus is on Mr. Longenecker to have his paperwork in order, and the onus is on the Planning Commission to consider the application and the accompanying site plan as presented on their own merits. There is no requirement or obligation to offer a “do-over” on the “do-over.” One can only take so many mulligans.

7. If the Planning Commission or the Township Board schooled Mr. Longenecker after he turned in his “do-over” Application and Site Plan at the end of March, it begs the question, does the Planning Commission or the Township Board school every applicant? There is no obligation on the part of the Planning Commission or the Township Board to do so. The same courtesy should be extended to all applicants uniformly.

I ask the planning Commission to consider these things as they take this decision that affects so many people in Hayes Township.

Thank You,

Karen Laskowsky

Harold Laskowsky Trust

The items mentioned in this letter are not exhaustive or comprehensive. I have dealt with other ordinance violations in other places.

Friday, December 24, 2010

To My Readers

To all of my readers:

I want to wish you all a Merry Christmas!

Karen Laskowsky

Tuesday, December 21, 2010

Another Resignation at Hayes Township

Lisa Stager has resigned as the Zoning Administrator for Hayes Township.

Wednesday, December 15, 2010

Letters Suppressed by Lyle - Letter #6 - The Scope and Magnitude of Michigan Moto Mania

Hayes Township Planning Commission

C/O Hayes Township Clerk

Harrison, MI 48625

To the Planning Commission:

Michigan Moto Mania has undergone an evolution in the short time it has been a project up for consideration for a Special Use in Hayes Township.

Some considerations: Is the Planning Commission aware of the scope and magnitude of Mr. Longenecker’s plans for the proposed Michigan Moto Mania Offroad Extravaganza?

It seems that based on the descriptions of the park in official documentation, facebook, the Michigan Moto Mania Offroad Extravaganza website, various local newspaper articles and online riding/racing forums, different people have different ideas of just exactly what the scope and purpose of this for profit enterprise really is. Mr. Longenecker himself has adapted the plans to play to popular opinion in the local media and also to be seen as accommodating to the neighboring properties.

Mr. Longenecker did not know Ron Price from Rocks and Valleys when he first started his business venture until Mr. Price sought him out. The 4X4 stuff fell out shortly after that so as to not be seen as competing with Rocks and Valleys.

No doubt after meeting Steve Rauch, the skateboard and BMX areas have also fallen out of the plan in deference to the BMX/Skate park near Hayes Civic Center that Mr. Rauch has been so instrumental in raising funds for so as not to compete with that either.

I will speak to camping in another letter.

As concerns were raised about noise and traffic, there appears to be a concerted effort to de-emphasize the racing aspect of the business. Races have already been held and purse money has been collected from local businesses. (I have a list of contributors in a screen capture from the 5 March 2010 update of the original website). Other races have been postponed and there may still be purse money undisbursed.

This commercial enterprise has evolved from being a racing facility – the demonstrated original intent - to a membership driven family park. “Events” will be scheduled for members. If the special use for this business is approved, how long will it be before it reverts back to its original intent with more and more “events”?

One of the several iterations of the proposed site plan allows for 690 parking spaces. Really? Glens has 179 parking spaces. If you figure 2 people per car parked, that is 1380 people. The only reason to have that many people in the park at one time is as spectators for a race. 1380 is a conservative estimate based on parking spaces. Can Mostetler Road handle that kind of traffic and that many people milling about?

I will speak to infrastructure in another letter.

Steve Rauch is working hard, talking to promoters of freestyle shows and snowcross. He says one of their annual events draws 70,000 people. He’s hoping to get a snowcross stop here in Harrison and those draw big crowds. He is working on bringing sponsored freestyle events to Harrison.

Mr. Longenecker has been inconsistent about hours of operations in the interviews he has given and the various websites he posts on. I have cited everything from 24-7-365 to as early as 8 AM for gates opening to and 9 AM for the start of the motors to as late as 9 PM for the end of riding and a 10 PM gate closure, and everything in between. Does that mean that after special “events” that we on Mostetler Road
can expect heavy traffic from the potentially 70,000 spectators for several hours after the last engine is done? This is allowing for time to exit the facility by way of 2 entrances/exits, getting vehicles loaded onto trailers and transported out of the “compound” as it is described. Will 690 parking spaces be adequate to handle that many spectators?

If the Hayes Township Planning Commission approves of this Special Use for a business enterprise, how will the scope and magnitude of this facility be controlled? What assurance do we have that the spectators and participants of such potentially large events will behave themselves? What assurances do we have that the neighbors will be undisturbed by the added activity, noise and traffic on Mostetler Road?

These are things to consider if this business turns out to be as successful as the popular fan base is predicting.

Thank you for your consideration.

Karen Laskowsky

The Harold Laskowsky Trust

Sources

According Doug Longenecker’s original request for Special Use dated 15 October 2009, it was going to be a Motorcycle/Motocross/ATV/Snowmobile park. Apparently from the minutes of the 21 October 2009 meeting, he further defined his business endeavor as a facility for Enduro Racing and snowmobile racing, with a single building for concessions, bathroom and showers, a training area for year round use. There was to be a place for organized spectators (not further defined) and roads for safety and traffic control.

From a post on the Great Lakes 4X4 Offroad Forum dated 10 Feb 2010, reference is made to the Michigan Moto Mania website, and the fact that according to said website, there will be BMX, flat track, lawn mowers and skateboards as well.

On 27 Feb 2010, Michigan Moto Mania held their first race/harescramble, thus establishing itself as a racing facility. A second bike harescramble was scheduled for 20 March 2010, and purse money was collected.

It was about this time that the neighbors discovered what all the clear cutting was all about and what the plans were for the property. They began looking into it and raising concerns.

According to the Michigan Moto Mania facebook page, The First Annual Winter Harescramble (race) Series for quads was to be held on March 6^th 2010 at 12 noon.

The 5 March 2010 update of the Michigan Moto Mania website adds onsite storage (“50 units to start for bikes, quads, gear, etc.”) and a mechanics area to the endeavor. There is also advertised indoor MX courses. All in a single building? There is also a plan to dig and flood ponds for ice racing. There is more specificity as to the types of tracks and race courses as well: MX courses, TT courses, SX courses, and the advertised feature of being able to ride legally from the property to the state ORV trail system, adding ORV traffic in larger numbers to the regular traffic on

Mostetler Road

. This will be a year round operation.

On 14 Mar 2010, the Thumpertalk website – Michigan Moto Mania Reviews, Ratings, Specs and prices page gives more specificity as to the types of trails and tracks planned for the facility: Freestyle Motocross, One Way Trails, Peewee track, Pitbike/minibike track, Single Track, Vet Track. According to this website, Michigan Moto Mania will be a 24-7-365 operation. The fees: $10 Gate Fee, $25 To Race, $20 to open ride the entire park.

On 16 Mar 2010, upset neighbors voiced their concerns to Hayes Township at a scheduled board meeting.

18 Mar 2010 – According to Robin Longenecker on the Michigan Moto Mania facebook page, “In May we will be open Fri, Sat, Sun. The gates (what gates?) open at 8am, riding starts at 9 AM until 8 PM. After a few weekends, the park will be also be open during the week.”

Also on 18 Mar 2010, an article in the Clare County Cleaver (Michigan Moto Mania To Open Soon in Harrison) lists the hours of operation in consideration of the neighbors, “…although the gates open early, the hours of riding will be limited to 9AM to 7 PM.”

Sometime after the Township meeting, the Michigan Moto Mania website removed the fee to race from the website, possibly with the advent of the new website.

On 23 March 2010, Michigan Moto Mania became Michigan Moto Mania Offroad Extravaganza with the launch of their new website.

0n 25 Mar 2010, on the Michigan Moto Mania Facebook page, Robin Longenecker explains how membership at the park will work: “You will purchase a membership for a small fee and receive a numbered sticker to place on your ATV. Additional stickers can be purchased for $2.00 for each additional vehicle you will be riding. When we open in May, you will be able to purchase a membership at the park.”

On 30 Mar 2010, according to an article in the Clare County Sentinel (Neighbors Try To Stop Park), Mr. Longenecker is quoted as saying, “We are not building tracks. We will use the natural lay of the land we are calling courses.” Also according to the article, Michigan Moto Mania Offroad Extravaganza will be “membership-driven” like a club, with monthly “events”.

On 7 Apr 2010, on the Great Lakes 4X4 Offroad Forum, Eric Loso stated in a post that he has permission to ride in Michigan Moto Mania Offroad Extravaganza any time he wants. Does that include hours when the park is closed to the rest of the public? At any hour of the day or night? He was apparently setting up a private ride at the park with another individual.

On 9 Apr 2010, in an article in the Clare County Review (Neighbors, Developer Spar Over MotoMania), David Basinger of Hidden Hills Campground said that “Moto Mania is not a racetrack but an off-road track.” In the same article, Doug Longenecker is quoted as saying, “These won’t be race tracks; this is a family facility.” He also said that the courses are being constructed at the “rear of the property” and will be screened by trees to keep the noise down. Also in the article, Mr. Longenecker stated that use (of the park) will be only until 7:30 PM.

On 22 Apr 2010, According to an article in the Clare County Cleaver (Mostetler Clean-Up Sponsored by Michigan Moto Mania), Doug Longenecker is quoted as saying, “I won’t be allowing vehicles to run 24/7; they will be starting no earlier than 9 or 10 AM and we’ll be calling it a day well before sundown, around 7 PM. I also plan to shut down for two weeks when deer hunting season first starts to accommodate the hunters as well as insuring the safety of the riders…”

On 23 Apr, 2010, the Michigan Moto Mania Offroad Extravaganza website lists the next scheduled event as Open Riding, on May 1^st and 2^nd. Also there are more specific details on the courses they have been working on: 2 Enduro–Cross Courses, 3 Motocross Courses, Kids MX – 2 large courses, 2 small courses, a freestyle area – 5 acres with foam pits, 2 flat courses, 2 TT courses (a combination of the aforementioned courses) Unlimited possibilities for Harescrambles, A practice area for Starting Quads/bikes/Snowmobiles, ice racing – 2 three ft deep ponds, Lawnmower racing, 4X4 Course, 1 acre for a Trials Bike Area, and Directional trails in the woods for trail riding.

Membership will be required for the open riding scheduled for May 1^st and 2^nd. The new Daily park fees are: Rider - $20, Spectator - $10, Under 12 riders free.

As of 26 Apr 2010, the Thumppertalk website, Michigan Moto Mania Reviews, Ratings, Specs and Prices lists the primary riding type as Motocross. There are no hours of operation listed. Fees listed: $10 Gate Fee, $25 To Race, $20 to open ride the entire park.

27 Apr 2010, the Michigan Moto Mania Offroad Extravaganza website update lists the next event as “Open Riding scheduled for May 15^th!” The fee update changes to Under 12 non-riders free.

28 Apr 2010, the Michigan Moto Mania Offroad Extravaganza website update lists the next event as “Possible Open Riding tentatively scheduled for May 15^th” It also lists the hours as: May 15^th –Jun 27^th : gates will be open Fri, Sat, Sun at 8 AM and close at 10 PM. Riding from 9 AM – 9PM* Starting Jul 1, gates will be open Thurs-Mon 8 AM – 10 PM. Riding from 9 AM -9 PM! Closed Tues and Wed.*

*Park hours of operation are subject to change per park Administration’s discretion.

On 30 Apr 2010, in a letter from Hayes Township Planning Commission to neighboring residents, the Special Use is described as “for offroad riding, enduro racing, snowmobile racing, and ORV use. The plan would include one building for concession sales, bathrooms, showers and a training area. The proposed plan would provide for camping and rustic areas, for safety and traffic control and parking areas.

With the exception of the parking areas, which were not previously listed, this pretty much describes the original application and site plan.

On 6 May 2010, in a series of posts on the Michigan MotoMania facebook page, Steve Rauch says, “…I have been on the phone with some promoters of freestyle shows and snowcross and I’ve got them excited. One of their annual events draws 70,000 people! Can you imagine? Dirtbikes, quads, snowmobiles, pit bikes, etc.”

“…Exactly why I’m working so hard. We can get started with a pitbike show for cheap and go from there to ditrtbikes, quads, snowmobiles, etc., etc. I’m hoping to get a national Snowcross stop here in Harrison and those draw BIG crowds.”

“I’m working hard on all this! Now its just gotta get open for business! I could get a freestyle show that includes pitbikes, quads, dirtbikes, and snowmobiles any time of the year for say $50,000 maybe. And I can get some sponsors to foot some of the bill. Can you imagine what kind of crowd draw we could get for that?”

“I can get a snowmobile freestyle show in the summer for say $20,000ish. And less for wintertime. Here in Harrison, Michigan. OPEN MOTO MANIA!! We are gonna have some fun!!!”

“And I’m talking internationally known X games riders not some nobodies! Welcome to the new Harrison, Michigan…”

On 6 May 2010, on the Michigan Moto Mania facebook page, Jim Hubble posts: “…

I would be in the Harrison area more often if the track starts up. Good luck to all involved and hope to see ya at the track. Ladies and gentlemen start your engines and get out to the races.”

In the months since I wrote this letter and cited these sources, Doug dropped camping from the ameneties. That I addressed in a previous letter.

The Panning Commission approved his special use (on 17 May 2010) and put conditions on it that severely limited his ability to realize the full potential of his dream facility. They mandated that he give up the camping, which he was only too happy to do. They refused to consider upgrades to infrastructure at county expense, saying that it would not be needed. They limited him to a single building with no running water or electricity. That meant no showers, no concessions, porta-potties only and roach coach types of concessions. There was no further mention of the ponds that were to be dug and flooded, or of the sponsored events that this "family" facility would be offering.

In June 2010, plans were made to sponsor a Kids' League (racing) on Friday nights. That never really came to fruition because of the stay that went on the property when the neighbors appealed the granting of the Special Use to the zoning Board of Appeals. This was the beginning of the "For the Kids Angle" in trying to get Michigan Moto Mania approved.

In a 25 Jun 2010 article in the Clare County Review (Moto Mania Use Permit Still Pending), Doug Longenecker reiterated, "These won't be race tracks, this is a family facility."

On 1 Jul 2010, the Clare County Cleaver wrote that MMM Sets Aside Area For Locals to Ride BMX. This was all part of Doug Longenecker's "continuing effort to give back to the Harrison community" because "Doug Longenecker's heart breaks every time he sees kids just hanging out around the downtown area, unable to take advantage of the beautiful outdoors that Harrison is known for having." Doug, along with Steve Rauch (who works for the Clare County Cleaver), began working with Todd Atkinson, whose father Don Atkinson sits on the Hayes Township Planning Commission, (The same Planning Commission that unanimously granted the Special Use the second time around), to design a BMX course in an area Doug had set aside on the Michigan Moto Mania property. Todd owns B-Xtreme Cycle and Sports in Midland and has ridden BMX professionally. Of course, all of this was a violation of the stay that was on the Michigan Moto Mania property at the time, and also an alteration of the approved site plan. This was a continuation of the "For the Kids Angle."

Even though matching grant money for the BMX park in the municipal park fell through, efforts continue toward raising funds for that park and making it a reality. Fund raisers and benefits have been held regularly for the municipal park, as has been well documented in the Clare County Cleaver all summer long.

In the meantime, X Games rider Chris Ridgeway stopped by "Harrison's own Michigan Moto Mania" to practice his fast riding (racing) for the 2010 X Games, in what was a bid for publicity for Michigan Moto Mania. (But Michigan Moto Mania is not a race course.) The practice session was a headline in the Clare County Cleaver on 29 Jul 2010, (Chris Ridgeway Gains Speed For 2010 X Games.)

Then on 29 and 30 Aug 2010, Michigan Moto Mania hosted a Polaris sponsored training event (WOTT) which was another violation of the stay that was on the Gamble-Longenecker property at the time. This was another publicity event for Michigan Moto Mania.

If Michigan Moto Mania is ever allowed to open on Mostetler Road, there is no doubt that in spite of any restrictions placed on the facility it will evolve into what it was originally intended to be - a racing facility with corporately sponsored racing events, an emitter of noise and fumes incompatible with nearby land uses and an eater of Hayes Township resources for infrastructure and policing this business endeavor.

Monday, December 13, 2010

Letters Suppressed by Lyle, Letter #5 - Poor Choice of Location

Friday, December 10, 2010

Letters Suppressed By Lyle - Letter #4 - Crushing Dreams

Hayes Township Planning Commission

C/O Hayes Township Clerk

PO Box 310

Harrison, MI 48625

ATTN: Mr. Lyle Crisculo, Chairman of the Planning Commission

Mr. Lee Dancer, Trustee

Mr. Tom Wachnicki, Ordinance Enforcement

Mr. John Scherrer, Hayes Township Board Supervisor

Opponents of Michigan Moto Mania have been accused of trying to crush Mr. Longenecker’s dream. What their accusers fail to take into account is that the residents of Mostetler Road also have dreams. Over forty years ago, my grandfather purchased property on Mostetler Road so that he would be able to provide a “little piece of Heaven” to provide a refuge for his decedents. My grandfather firmly believed in the necessity to commune with nature and to be able to enjoy a quiet walk through the woods.

He was a poor bricklayer who had to build his dream with blood, sweat, tears, and sacrifice over forty years before he could make his dream a reality. My grandfather sweat, saved, and denied himself for decades, and with God’s help, was able to build a harmonious refuge against the lifelong assaults of daily living that we all suffer. All he wanted was for his legacy to his family to be a sanctuary from the encroachment of commercialism and consumerism that detracted from the natural beauty that is all-to-difficult to find in today’s society.

Through him alone, there are eighty years of dreams sown into the ground on Mostetler Road. The dreams of my parents are tied to this land as well. The product of those dreams is not simply my birthright, but also the birthright of my sister, my cousins and our descendants as well. It is our privilege to set foot on that “little piece of Heaven” and our responsibility to protect what God has given us.

My grandfather’s eighty years of dreams are not alone. Other dreams have been cultivated into the land. Others who join my grandfather, my grandmother, my parents and me in standing against this assault are the dreams of the Layland, the Kusiak, the Young, the Collins, the Murphy, and the Jencic families, along with others in the area. This land is in our hearts and in our souls. With all of these families with all these dreams, how many years of dreams have taken root here and are now being threatened by a commercial venture proposed for personal wealth of a “Johnny-come-lately?” How many dreams are the supporters proposing to sacrifice so that a precedent can be set which allows for mob rule over the rule of law? Why must those of us with a personal interest in Mostetler Road be forced to watch as our dreams are declared subordinate to outside interests and pursuit of the almighty dollar?

The land is zoned Agricultural Rural Residential. That is why this land was purchased by the residents. That is why these families wanted this property. We too have dreams, and that is why we are fighting so hard. A commercial venture that does not meet the requirements for a special use is in violation of the ordinances that are in place to protect our rights and dreams. Friends and neighbors, please do not desecrate the memory of Harold Laskowsky and violate his dreams or the dreams of so many others who have worked so hard and long to make them a reality while adhering to the established rules.

Sincerely,

Kurt Georg Laskowsky

The Harold Laskowsky Trust

I have nothing to add to this letter.

Thursday, December 9, 2010

Letters Suppressed By Lyle - Letter #3 - No Business Plan

As I have already mentioned, every letter that was written to the Hayes Township Planning Commission prior to the public hearing on 12 May 2010 was read except a handful of letters that Lyle refused to read. In his refusal to read those letters, he suppressed the free speech of those who wrote the letters. They were all written by me or members of my family. They were all written on different topics related Michigan Moto Mania and the decision that was set before the Planning Commission at the time. Since they were not read at the public hearing, I have decided to reproduce them here.

If there is any information to update, I will write it after the letter.

This letter deals with Doug Longenecker's lack of a detailed business plan.

Hayes Township Planning Commission
C/O Hayes Township Clerk
PO Box 310
Harrison, MI 48625

ATTN: Mr. Lyle Crisculo, Chairman of the Planning Commission
Mr. Lee Dancer, Trustee
Mr. Tom Wachnicki, Ordinance Enforcement
Mr. John Scherrer, Hayes Township Board Supervisor

While all citizens and taxpayers of Hayes Township agree that it is in everyone’s best interests to revitalize the economy of our community, the question to be answered is “Does this private commercial proposal bring a positive contribution to the long-term future of Hayes Township?” Is this for-profit venture truly the ‘savior of Harrison’ and Mr. Longenecker as ‘our local Jesus bringing kindness and gifts to us all’, as hailed by Steve Rauch, employee of the “Clare County Cleaver”?

Although emotions run high, the Planning Commission and Township Board must remain focused on the issue at hand. Has this corporation adhered to the Hayes Township ordinances in seeking a rezoning of agricultural and rural residential (Article IV, Hayes Township Ordinance) land to allow and support this commercial development? Does this proposed ORV racing facility meet the guidelines of “Special Use”? No matter which of the many different proposals the Planning Commission and Township Board consider, after six months, the obvious answer is “NO”. At the heart of the issue is “Does the suggestion of increased revenue to secondary businesses justify the assault on the quality of life and property values of the surrounding neighbors on Mostetler Rd., Deer Lake and the taxpayers of Hayes Township, Clare County and the State of Michigan?”

Prospective patrons, many of whom reside down-state or out-of-state, may be a gauge of long-term profitability of this commercial endeavor, but the board must remember that they have no personal investment, monetary or otherwise. Judging from their comments supporting this development, they are a transient fan-base looking for yet another place to ride and race. They have no personal connection or investment in the controversy. Their sole purpose is to visit and abuse the land and our environment for their racing pleasure. Beyond their potential utility as a gauge, their opinions are not germane to the decisions before the Planning Commission and Township Board.

The Planning Commission and Township Board must remember that this is not a case of eminent domain. It is not a case of a civic action program for the betterment of Hayes Township. This is not about the kids who need a place to play; tax dollars and civic donations are building that facility at the municipal park in Harrison. After six months of at times venomous debate, fueled by inflammatory language and inaccurate reporting, the evidence strongly suggests otherwise. To date, the corporation seeking the Board’s waiver of zoning ordinances and approval to develop this “for-profit” business venture has failed to complete even the most fundamental of preparations for success of an ORV race course facility. No matter how one tries to disguise it, the proposal is for a race course; collecting entry fees, gate fees, and collection and distribution of purses makes it a race course.Opponents of this business venture have exercised their rights to request all public information involved in the development of this case. Thus far, there has been no demonstration of a cogent business model to lead to a successful and profitable commercial enterprise. No market research appears to have been conducted to determine the feasibility of such a profitable business enterprise. Statements of support manufactured since the affair became widely known do not translate to preparatory market research or long-term patronage. Given similar commercial ventures from Midland to Leota, including previous ventures in and around Harrison, will the patronage demand support yet another ORV park? Will the patronage projections indeed approach the volume stated by the entrepreneur, thereby justifying expense of overhead for the originally-intended 24/7/365 operations and contributing in second and third order effects to other businesses in Harrison? What market research has been done to determine the optimum building site for construction of such a commercial facility and supporting businesses? ”LOCATION, LOCATION, LOCATION”; we opponents of this commercial enterprise contend this is not the right location. Was an environmental impact study ever completed to determine any additional infrastructure necessary to support the proposed operation of such a high impact business?

There appears to be a distinct lack of personal initiative to independently research, develop, and submit detailed documents to Planning Commission and Township Board as required by Township ordinance. To date, the amateurish business plan has been in a constant state of evolution driven by publicly available but ‘unforeseen’ constraints and restrictions. One early significant change to the semblance of a business plan was the result of the requirements for on-site supporting infrastructure for camping facilities. At the point the proposed campground was deleted from the plan, he lost any rational claim to justify a “special use” exception in accordance with Article IV, Section 402. To this point, the entire business plan was intended to be totally self-contained. It is only due to this evolution that secondary echelon support from Harrison’s business community was even contemplated. And now the plan under consideration, as defined in the Township’s notice for the May 12th meeting, brings us back full circle. The plan under consideration lays out total self-sufficiency and thereby pits MotoMania as a business competitor against long-established Harrison businesses like Hidden Hills Campground, the Acorn Motel, and the S&R Diner, to mention a few.

It still appears that little planning for internal and external infrastructure support has been completed. Another extremely important planning factor, as yet not calculated, is the research to identify Township and County upgrades to supporting infrastructure (power, roads, bridges, etc.) and the taxpayers’ inclination and ability to defray or absorb the increased costs.

As development of the enterprise has begun, it has begun without the benefit of a bona fide land survey to unequivocally know what terrain was purchased and where construction may proceed. The proposed site plan has not been consistent and continues to evolve. The insufficient site plan submitted to the Planning Commission in October 2009 has gone through several variations and is not consistent with what has been portrayed in the print and television media or what has been most recently shown the members of the Board and us, the residents of Mostetler Rd. One would presume that the services of real estate attorney to review and support the contract and development process, to include the rezoning process and supporting documentation, would have been sought out, but apparently not. It appears that only when the issue was to enter the judicial system, did it occur that legal representation might be necessary.

After six months of wrangling, there has been no demonstration that this commercial enterprise is destined for success. The actions and inaction of proponents of this business venture do not justify the assault on the harmony and balance of the area. There is no credible rationalization for the negative impact on the surrounding lands and the associated birthrights now extending to the 3rd and 4th generations. We all have an obligation to be good stewards of the land and natural habitat that God has given us. Townspeople have been beguiled by unsubstantiated rumors of increased patronage to 2nd and 3rd echelon support to local businesses and only as an afterthought. While we can all agree that our community will benefit from the infusion of new economic opportunities, this poorly conceived venture is clearly not the way. I strongly urge the Planning Commission recommend and the Township Board disapprove any further advancement of MotoMania corporation proposal on the 200 acres formerly of the Kenneth Gamble Trust.

Karl E. Laskowsky
The Harold Laskowsky Trust

I have nothing to add to this letter.

Tuesday, December 7, 2010

Letters Suppressed by Lyle - Letter #2 - Acres Affected

C/O Hayes Township Clerk

P.O.Box 310

Harrison, MI

3,383. That’s approximately how many collective acres of land are close enough to be affected by the noise and other ill effects of Michigan Moto Mania. That number includes 1070 acres of contiguous State land that abuts Moto Mania property.

Including the state land, there are 1625 acres of land immediately adjacent that is adversely affected, the owners of which object to the business venture that is Michigan Moto Mania.

In 2 more property circles outward that encompass about a mile in radius, are another 1758 acres, including another 20 acres of state land.

With very few exceptions, most of these acres are owned in parcels of at least 10 acres. Also with very few exceptions, most of these acres have been in families for decades. They represent lifetimes and careers worth of sweat, investment, property taxes and family equity and value in their property. When they purchased their land those many years ago, it was not their intention to own property in the environs of Motor vehicle racing facility.

Yet that is exactly what a newcomer with no time and family ties invested in his 200 acres on Mostetler Road has brought to his neighbors. He has invested some money which can be easily returned to him at this point in the project* and about 4 months worth of sweat, much of which has been expended by volunteer supporters salivating over jobs that may or may not materialize in this business venture.

Should a parcel of land equal to about 5.9% of the surrounding area, most of which is zoned A-R, that sits roughly in the middle of that A/R zone house a business that belongs in an industrial zone or at the very least a commercial zone? Should a newcomer to the area with 5.9% of the land be allowed to ruin the investments made so many years ago by the owners of the surrounding 3,383 acres?

To be fair and honest, the neighbors are not against the newcomer, Mr. Doug Longenecker, nor are we against Michigan Moto Mania as a concept. We would like to see a business such as Michigan Moto Mania where it belongs. I implore the Planning Commission and the Township Board to disapprove of Mr. Longenecker’s Application for Special Use and his Site Plan for this location. The future of the family legacies of many Hayes Township taxpayers depend upon your decision.

Thank you for your consideration.

Karen Laskowsky

Laskowsky Family Trust

*That point in the project was in early May, after Judge Mienk put the injunction on the property and told him he could continue to develop at his own risk, but before the Planning Commission voted to grant the Special Use with Restrictions on 17 May 2010.

Monday, December 6, 2010

Letters Suppressed by Lyle - Letter #1 - Camping

As I have already mentioned, every letter that was written to the Hayes Township Planning Commission prior to the public hearing on 12 May 2010 was read except a handful of letters that Lyle refused to read. In his refusal to read those letters, he suppressed the free speech of those who wrote the letters. They were all written by me or members of my family. They were all written on different topics related Michigan Moto Mania and the decision that was set before the Planning Commission at the time. Since they were not read at the public hearing, I have decided to reproduce them here.

If there is any information to update, I will write it after the letter.

This first letter deals with the camping issue.

Hayes Township Planning Commission
C/O Hayes Township Clerk
P.O. Box 310 Harrison, MI 48625

Will there be camping at Michigan Moto Mania Offroad Extravaganza or won’t there be camping at Michigan Moto Mania Offroad Extravaganza?

According to the minutes of the Hayes Township Planning Commission’s “Special Meeting” dated 21 Oct 2009, Doug Longenecker had said that as part of the special use he was requesting, he was planning to have “camping and rustic areas” in his racing compound.

He was also advertising his camping areas on the Thumpertalk website as early as 14 March 2010.

After the March 16, 2010 Hayes Township Meeting when concerns were raised by the residents of Mostetler Road about this for-profit racing and riding facility, his local fan base began touting how good this facility will be for Harrison. He was painted as a concerned businessman who did not want to compete with the local businesses, but compliment local businesses, the better to garner public support for his commercial venture.

Mr. Longenecker himself began fostering this image in interviews with local newspapers. He told the Clare County Cleaver in an article on 18 March, “We will not offer any camping sites; this will provide local campgrounds with increased business as well.” Joanne Sherrick, after visiting the facility herself wrote in a letter to the editor of the Cleaver on 1 April, “Doug was quick to comment that there would be limited camping available. Instead of putting in a campground which he certainly could do, he is passing this business to our local motels and campgrounds.” To the Clare Sentinel, in an article on 9 April 2010, Mr. Longenecker said that his facility would not be a campground. Again, on 22 April, the Clare County Cleaver quoted Mr. Longenecker as saying, “…There won’t be any camping on the property, which will force any visitors to stay at local hotels and campgrounds…” Yet, for all these words and quotes from Mr. Longenecker, as late as today, May 12, 2010 on the Thumpertalk website, he lists among the amenities of Michigan Moto Mania camping, firepits and RV hookups.In the 2010 Welcome to Harrison Directory, the Michigan Moto Mania ad lists rustic camping as a feature of the racing and riding facility.

And, according the notification letter from Hayes Township, the Special Use being considered at the 12 May 2010 meeting includes camping and rustic areas.

So which is it? Camping or no camping? This inconsistency is characteristic of the other inconsistencies revolving around Michigan Moto Mania since Doug Longenecker came to Harrison with his divisive proposal.

I urge the Planning Commission to consider these and the other inconsistencies such as hours of operations, scope and magnitude of the facility, is it a racing facility or is it a family riding facility? And the many different site plans, none of which are yet in compliance with the Hayes Township Ordinance.

Thank you for your consideration,
Karen Laskowsky

Update:

The Thumpertalk Website under Where to Ride still (as of 6 Dec 2010) lists Michigan Moto Mania and exactly the same (now inaccurate) information as it did when Doug first posted it in January 2010. Even as he was saying that there was not going to be camping, his advertisements on this site and in other places were not amended to change the status of camping at Michigan Moto Mania.

In Doug's eagerness to get Michigan Moto Mania pushed through the Planning Commission, he willingly gave up camping so as to not appear to compete with the local overnight accommodations.

The Planning Commission agreed that Doug could have his special Use for Michigan Moto Mania, but one of the restrictions they put on the facility was to disallow camping, presumably because of the concern with Doug competing with the campgrounds and motels already in Harrison.

Then in late July, someone got the bright idea to start calling Michigan Moto Mania a resort, which is an allowable Special Use in the A-R zone. The problem is, without overnight accommodations, Michigan Moto Mania is not a resort - That's by the Hayes Township Zoning Ordinance definition of a resort. That didn't phase the proponents of Michigan Moto Mania - as far as they were concerned, it was a resort. Genine Hopkins now refers to it as a resort in all articles she writes for the Clare County Cleaver (the Moto Mania PR and Propaganda Paper), as she has since it first appeared in late July in one of her articles. Jaynie Smith Hoerauf, Doug Longenecker's attorney argues that it is a resort based solely on the activity that will take place at the Gamble-Longenecker property if it is ever allowed to open. The fan base also calls it a resort. Steve Rauch, the self-appointed PR front man for Michigan Moto Mania says, "just throw a few campsites back in there and it will be a resort."

Saying it's a resort doesn't make it a resort no matter how badly people want it to be a resort.

That was in the run up to the final Zoning Board of Appeals meeting where the Special Use was overturned.

Now Doug is planning to apply for a new Special Use using the "resort" argument.

Tell me, where now is all the concern for the businesses (the motels and campgrounds already in and around Harrison) with which a Michigan Moto Mania with camping will be competing? All of a sudden Doug is done trying to ingratiate himself with that part of the business community for the sake of getting his Special Use approved. That really was the point wasn't it? It wasn't about helping out the other businesses in town so much as it was getting the project approved, wasn't it? Now that the point has been rendered moot by the Zoning Board of Appeals' decision to overturn the Special Use, it doesn't really matter whether the competing businesses like it or not. The altruistic Doug Longenecker, whose concern is for the other businesses in town, is going to apply to become yet another business with overnight accommodations. Because the other ones are so full up with no vacancies that Harrison needs a new one.

Because Doug cares so much about Harrison.

Thursday, December 2, 2010

The "Two Unanimous Decisions" Argument

The last and strongest of the weak arguments that backers of Michigan Moto Mania continue to use in their arsenal of why people should support Michigan Moto Mania is the "Two Unanimous Decisions" argument.

So let's have a look at those two "Unanimous Decisions."

It seems to be very important of late, especially to Michigan Moto Mania backers, that all decisions taken by the Hayes Township Planning Commission should be unanimous. I can understand the desirability of unanimity on a board, but where is the line drawn when there is no room for a dissenting opinion?

The current group dynamic of the Planning Commission has been working together like a well oiled machine as the majority of its members have been working together on this board for over ten years. There is the occasional new face, but a core group of the members has not changed.

There seems to be an unspoken/unwritten rule among themselves that they vote in lockstep with one another, and rarely, in what few minutes I have seen of their meetings is there any dissent from the majority. Members appear over the years to subordinate personal misgivings and vote with the majority who take their lead from the chair.

On the surface, it is desirable, and strengthens any decisions when they are unanimous. But there is an insidious side to it as well, and dissension is not well tolerated as was demonstrated toward Bob Johnson on the Zoning Board of Appeals. When this occurs, there is no room for independent thought and then there is a problem.

I'm not saying that this is the case, but sometimes, at some point, the habit of unanimity among a group of individuals is evidence that the individuals in the group are "yes-men" for one or more members of the group. Independent thought is subordinate to the group think. It's a phenomenon and it happens, especially the longer a group is together and the dynamics coalesce.

Having made this general observation about group dynamics, now I will address the two "Unanimous Decisions."

The first "Unanimous Decision" occurred in an unannounced Special Meeting and was later found to have been an invalid resolution because it did not meet the requirements of the Hayes Township Zoning Ordinance, according to the 10 page Dreyer Letter, dated 12 March 2010 on page 2.

So, the first "Unanimous Decision" was null and void. (Even so, the invalidity of the decision was not enough to cause work related to the now invalidated Special Use to cease - How does that work? What was the rationale behind that?)

It was determined by Hayes Township Attorney David Dreyer that the entire process had to be done over. What followed was an exercise in going through the motions by Doug Longenecker and the Planning Commission, and the absolute minimum required by the Hayes Township Zoning Ordinance was done in order to rubber stamp the Application for Special Use through the system in order to get it back in front of the Planning Commission so they could approve it again. Approval was a foregone conclusion.

In the meantime, at least one paid Hayes Township official and at least two members of the Planning Commission told several of the neighbors on separate occasions that "if this had been done right to begin with, it never would have happened," and they didn't agree with it. There were no less than two dissenting opinions on the Planning Commission, yet when it came down to it on the second vote, they all voted unanimously.

Either they lied to the neighbors or someone pressured them to vote along with the majority to make it unanimous. I will not name these individuals because these were conversations that took place individually cannot be verified and are one person's word against another. But I will say that Don Atkinson, a member of the Planning Commission, signed a petition against Michigan Moto Mania and then voted for it anyway in the second vote.

It is my personal opinion that the vote went down unanimously because the Planning Commission wanted to present a unified front, and any that disagreed bowed to pressure from somewhere. I also believe that The Planning Commission wanted Michigan Moto Mania to happen, knowing it was being done the wrong way again, they weighed what they considered "the greater good" against what was right and according to the Ordinance.

Yes it was a unanimous decision, but at least one documented dissenter voted along with the majority. How many others did the same? How many others lacked the moral courage to back up what they said to the neighbors with their vote? It's not just teenagers who succumb to peer pressure.

According to the Hayes Township Zoning Ordinance, the neighbors had a right to appeal the "Unanimous Decision" of the Planning Commission to the Zoning Board of Appeals. We exercised that right. The Zoning Board of Appeals overturned the Planning Commission's decision based on the points in the Hayes Township Zoning Ordinance and Hayes Township Master Plan that were ignored by the Planning Commission in its two decisions, rendering both "Unanimous Decisions" moot.

Tuesday, November 30, 2010

Is it Possible to Bully a Bully?

According to a letter to the Clare County Cleaver, (25 Nov 2010), Lindsay (Jolly-) Heber thinks I'm a bully. If shining the spotlight of truth on documented malfeasance and incompetence and calling out those responsible for it is being a bully, then I am guilty as charged. If trying to prevent those who are responsible for it and all that it has cost Hayes Township from ever having an opportunity to do it again is being a bully, then once again, I am guilty as charged.

In one sentence Lindsay calls Lyle Criscuolo "one of the strongest willed people on the board," and in another sentence she asks, "Why go for Lyle? Because you see him as a weaker victim..." [than David Dreyer]?

Which is he, Lindsay? "One of the strongest willed people on the board"? Or "weaker victim"? Because he can't be both.

I think he's one of the strongest willed people on the board, as Lindsay says.  As such, he is the perfect whip to keep the weaker willed members of the board in line and vote the way they're supposed to vote. As chair, he has no problem wielding that power. I've seen it in action. And that's pretty much what I've already said about Lyle.

Lyle is hardly anyone's "weak(er) victim." If anything, he is the victim of his own misconduct, and the proof of that is well documented. I'm just the loud whistle blower. If that makes me a bully, then I'm guilty as charged.

What I want to see is for Lyle to man up and act upon the responsibility that he has taken upon himself and do the right thing and resign. He has said that he bears the full blame for not notifying the neighbors of Doug Longenecker's application for special use. The consequences of that oversight have cost Hayes Township plenty. It remains to be seen whether Lyle will do the right thing or if he will cause the Hayes Township Board of Trustees have to remove him from office. If I were a gambler, I know where I would put my money.

Hayes Township Attorney David Dreyer's day is coming for the light to shine on him, but not yet.

As for ZBA member Bob Johnson, he was the victim of a witch hunt and all kinds of accusations that came to nothing about his supposed connections to Ginnie Collins.  All because of his vote at the first ZBA meeting. He didn't vote the "right" way, to uphold the Special Use on the Gamble-Longenecker property on Mostetler Road. He was the one who got bullied by Lyle. But he stood up to Lyle.

If standing up to bullies is misconduct and grounds for removal from the ZBA, then I really have to wonder about the values and priorities of the leaders and residents of Hayes Township who are so focused on a goal that has violated the rights of individuals every step of the way. What does it say about a community where they are so focused on their goal that the end justifies the means, and it makes no difference who they step on to get it or how crooked the means by which they acquired it? I question the ethics of such people. Yet that is exactly what I have seen demonstrated by the folks who want Moto Mania to happen so badly. It's OK to skirt the Ordinance and the intent of the Ordinance because in the end we get what we want? It's OK to screw over an entire group of taxpayers who have worked their butts of for their own slice of the American Dream because what we want conflicts with what they have worked so hard for?   Really Lindsay?

The sad fact is, if Doug had gone about it the right way, if he had checked, really checked the zoning ordinance and then looked for property in the area properly zoned instead of trying to force a special use in an area where it doesn't belong, this could all have been avoided. And everyone could have had what they wanted. Doug could have had his Moto Mania, the ORV riders could have had a place to play and the Mostetler Road and Deer Lake neighbors could have had their peace and quiet and hunting. And the entire township would have gotten behind his business endeavor.

But no, instead, he found a township whose leaders had no regard for their own ordinance and had no problems with letting this slide and letting that slide, but it's OK - we'll take care of it. And now the chickens have come home to roost.

Failing to plan is planning to fail. Not doing things on the up and up is also planning to fail.

And since Lindsay and Robin and others are so concerned that I hail from Virginia, know this: I may reside there temporarily because of my husband's military career, but his home of record is in Michigan and so is mine. I blog as the voice of the Laskowsky Trust which owns property in Hayes Township, as well as other members of my family who own property in Hayes Township. I have a family interest in Hayes Township. It is "our" township too.

This is a Public Service Announcement

John Scherrer and several members of the various appointed boards that serve Hayes Township have often repeated the refrain that "Nobody wants to volunteer to be on any of the boards." So, as a public service to Hayes Township, I have decided to run this post once a month on this blog until every board is at full capacity and there is a file full of applications to back them up. Apparently there are still positions available for those who are interested.

I have heard rumors that some members of some of the boards feel "trapped," like if they resign from their service on the boards, either before their terms are up or when their terms are up, there is no one else to take their place and the board will be left short-handed without them. By making this announcement, I am doing my part to encourage the taxpaying citizens of Hayes Township to step up and apply for jobs on the boards and serve your community.

Even if they don't appoint you right away, you will have thrown your hat in the ring against future needs for people willing to do the job. Hopefully, they will keep your application on file and check back with you at least annually for updates if they cannot appoint you right away.

This way, when terms are up, there will be a pool of new folks willing to do the jobs and fill vacancies and the incumbents will not feel an obligation to stay if they want to move on. It will also ensure that there are fresh faces bringing their best ideas to Hayes Township.

Once appointed, these new members should never take their appointments lightly, but should avail themselves of every opportunity to train for their new position and take advantage of the resources available to them through Michigan Townships Association

I urge all of my readers who are voting members of Hayes township to consider public service in Hayes Township. If you are interested in serving as a member of an appointed board, please go to the Hayes Township office on Townline Lake Road to fill out an application. You can make a difference.

Right now, this public service announcement and this blog are the best I have to offer. As soon as I am a legal resident of Hayes Township, I will be considering public service myself.

Thanks, Robin for helping me get the word out.

Sunday, November 28, 2010

Robin Wants to Play Silly Games

Have you ever stood in the same room with two people who are fighting and been asked to be the go-between for them?

"Tell Sally that I said..."

"Well you tell Suzy that I said..."

Sally and Suzy can hear each other just fine, but they won't speak directly to one another. This is the same game Robin is playing. She has banned me from speaking directly to her or anyone else on the Moto Mania facebook page, so I can only respond on my blog. She will not deign to come to my blog and comment, so there cannot be any true dialog between us. Just unanswerable snarks from facebook.

Robin's latest snark:

"I was in the Hayes Township Offices last week when Doug was in there to apply for a new Special Use as either a "Resort" or a "Campground." He was parsing the meaning of both "Resort" and "Campground" as defined by the Hayes Township Zoning Ordinance. It would appear that this is the course of action Doug has decided to pursue. – Another quote from Karen Laskowsky. Were you really there? I didn’t notice the lean to the building… were you having coffee with Ms. Litke? So is this hearsay or say as you hear? BOOMAGRAM"

As a matter of fact, Robin, I was in the Hayes Township Offices when Doug was in there. It was Wednesday, the 17th of November. John Scherrer and Lisa Stager can also place me there, and so can Doug. We made eye contact, but neither of us said a word to one another. He was coming out of the men's room while Lisa had gone into John's office. I was standing at the window of Kevin Breese's office - he wasn't there - waiting for info and copies of stuff I had asked for. In fact, at one point, John and I were having a heated argument about Lyle, and putting the question of Lyle's continued service to the Township on the agenda of the Board of Trustees meeting on the 23rd of Nov. I'm sure Doug heard that. But he was busy with his own stuff in Lisa Stager's office by then. I'm guessing he didn't recognize me. I had to wait for some of the stuff I had asked for, so I sat at the back table to wait for it. While I was waiting, I heard quite a lot.  I blogged some firsthand information.

Surprised, Robin? My entire interaction with Ms. Litke was to ask for the information I was waiting on. Strictly professional.

Thank you for playing "Where's Klasko?" for a fun prize.  I guess Doug doesn't get the prize. He missed Klasko right under his nose. Robin, you comment about the building leaning - you're claiming to have been there? I didn't see you unless you were hiding in the old burgundy beater car. Looks like you missed the fun prize too.

Keep playing "Where's Klasko?" you never know where she'll turn up.