I’d like to draw the Reader’s attention to the Hayes Township Budget approved on 30 Jun 2011.
There are some things that occurred with regard to the budget of which most good citizens of Hayes Township were/are unaware. Even many who were paying attention missed it, and they were at the meeting when it occurred!
On 9 Jun 2011, there was a notice of a public hearing published in the Clare County Cleaver, set for 21 Jun 2011 at 7 PM. As required by the state law, the following statement was part of the announcement:
The property tax millage rate proposed to be levied to support the proposeed budget will be a subject of this hearing.
The notice also stated that a copy of the budget would be available for viewing in the Clerk’s Office during regular office hours. (It is required by state law that the notice also contain information about where the budget may be viewed by the general public prior to the Public Hearing. A Budget Public Hearing is also required by state law.)
Here is what very few people knew: The budget was, in fact, not available for the public to view in the days leading up to the Public Hearing because the Treasurer had not received all the input required from the Clerk and the Supervisor. The budget was also not available for the public to view on the night of the Public Hearing.
Yet, according to the minutes of the regular meeting of the Hayes Township Board of Trustees, which was also held on 21 Jun 2011, the “Public Hearing” was held anyway. Did you miss it? So did many people who attended the meeting. The Regular Meeting was called to order at 7:04 PM, and after the Pledge of Allegiance and roll call, the Regular Meeting was closed and the “Public Hearing” was opened. There being no questions or comments, the Budget Public Hearing was closed and the Regular Meeting was re-opened at 7:05 PM.
Are you kidding me? A less than one minute “Public Hearing”? Really? How is anyone supposed to have questions or comments when they have not had an opportunity to see the budget because it was not complete before the meeting? Is this transparent government? Because of the way the minutes read, the bases are covered if anyone wants to look into it. The minutes do reflect, after all that there was a public hearing. It’s just that nobody had any questions. They omit the fact that the budget was still, as of that "Public Hearing," not available for the public to review. And most people didn’t realize that a “Public Hearing” was held right under their noses.
No action was taken on the budget, presumably because the budget was not yet ready. Common sense would tell you that there would have to be a follow-up Special Meeting specifically for the purpose of passing the budget.
There is no record in the minutes of when that follow-up meeting was to be held, but it had to be before 30 Jun 2011. The new fiscal year was to begin on 1 July 2011.
The Special Meeting to approve the budget was announced late in the afternoon of 29 Jun 2011 to be held at 10 AM on the 30 Jun 2011. As late as the afternoon of 29 Jun 2011, the budget was still not available for the public to view. People did go in to ask to see it.
Finally, on the day of the vote, there was a single copy of the budget in Supervisor Scherrer’s possession at the meeting. The budget and amendments were passed at that meeting, without the benefit of a true public hearing.
This is more “business as usual” in the running of Hayes Township.
I was able to procure a copy of the budget form Mr. Breese (Township Clerk) the following week.
There are other issues concerning the Hayes Township Regular meeting on 21 Jun 2011 and the minutes of that meeting.
1. The minutes were misdated. According to the minutes, the meeting was on 14 Jun 2011. The meeting actually took place on 21 Jun 2011
2. The bogus “Budget Public Hearing.”
3. The tax millage rate was not a topic of the “Hearing”.
4. When they approved the minutes of the May 2011 Board of Trustees Regular Meeting,
a. The date was wrong. The minutes list the meeting as having taken place on 15 May 2011 (a Sunday). The meeting actually took place on 17 May 2011.
b. There was some question as to whether Don Atkinson of the Planning Commission, when proposing a bike park on Hayes Township property, said in his proposal “minimal cost to the Township” or “no charge”. The solution seems to have been to strike the sentence altogether, (“removing the sentence concerning minimal charge.”) This is not what should be done. Removing the sentence also removes any record of what the proposed cost of the bike park will be to Hayes Township residents and taxpayers.
Could we have a little more attention to detail in the minutes, please? Take the time to get dates and names right. If you don’t know, ask, for crying out loud. More specific details on some of the agenda items mentioned would be nice. To date, the minutes are usually cursory and vague. Not much help to anyone looking up events that may or may not have been mentioned, but definitely occurred. Important information and events that occur at the meetings are often glossed over. We have to keep our own minutes in order to have a complete and accurate account of what took place.
Regarding the Special Meeting convened for the purpose of approving the budget, I understand that according to state law, special meetings may be called with a minimum of 18 hours’ notice. It should not be done often, only when absolutely necessary, but I can cite several meetings, including this one, called on short notice in Hayes Township in the past several years. When at all possible, business that can wait until the next regular meeting should wait until the next regularly scheduled meeting. Some of those special meetings could have waited the couple of weeks until the next regularly scheduled meeting. The budget should be ready at least by the time the notice is posted in the newspaper.
Having said that, I realize that because the budget was not ready as advertised, a special meeting had to be convened and it was, at the last possible moment. In doing this and scheduling it for 10 AM, it was pretty much guaranteed to have minimal public participation. Having observed the way Hayes Township does business, there’s a better than fifty percent chance that this was by design. They held a public hearing that wasn’t, and then they passed the budget in a short notice, last minute meeting held when the fewest people were likely to attend. Indeed, I know of people who would have been there, but they could not attend on such short notice due to prior commitments. Two members of the Board were absent, no doubt because of their day jobs. But the budget was passed, along with amendments. Just in the nick of time.
Also recorded in the minutes was an item that should never have been discussed, as it was not on the agenda. Mr. Breese was out of order and should have been told to save his information about his meeting with the Risk Management Advisor for the Township’s insurance for the next regularly scheduled Board of Trustees Meeting, and not this Special Budget Meeting.
Since Mr. Breese was allowed to discuss his meeting and the potential for bike and walking trails at Fir Road, it should also have been mentioned in the minutes that the discussion also turned to Don Atkinson’s (Planning Commission) ongoing conflicts of interest and a lack of confidence on the part of the members of the public who were present in John Scherrer’s leadership as Supervisor.
In case the general public is unaware of it, Mr. Atkinson’s ulterior motive in pushing for and backing the bike trails/park is so Hayes Township can send some business his son’s way. His son Todd owns B Extreme Cycle and he designs bike courses. That is a clear conflict of interest. The Budget Special Meeting was neither the time nor the place for it.
This is yet one more example of what takes place at Hayes Township when the officials think no one is paying attention.
People are paying attention, and we will bring it to everyone’s attention. All we ask is for our elected and appointed officials to conduct their business in a timely, proper and above board manner.
I don’t think it’s too much to ask from our public servants. We don’t work for them. They work for us.
Friday, July 29, 2011
Thursday, July 28, 2011
A New Era
I have taken a hiatus form this blog for a time, causing many to believe that I have just “given up” about Michigan Moto Mania. At least in the Hayes Township “system,” that issue is pretty much decided. But time is very much on the side of the neighbors. And we are patient.
This is, after all, the Hayes Township Watchdog Blog, and although so much of the shenanigans pulled by Hayes Township officials has centered around Moto Mania, there is still much going on in Hayes Township on the boards that has absolutely nothing to do with Moto Mania, and is still not quite kosher.
With that in mind, I am shifting my gaze to the other shenanigans going on that my neighbors and I have observed in the last few months and bring them to the attention of the general public, who still do not appear to be paying attention, now that the dust has settled on the Moto Mania issue.
The neighbors are still paying attention to you Hayes Township officials, both elected and appointed, and we are not going away. We live here and we own property here and we are not going to make it easy for you guys to screw over the people whose interests you are supposed to be protecting in the future. You will see at least one or two of our faces at every meeting, holding your feet to the fire. You can count on it.
One positive new thing since I last blogged is the new Zoning Administrator, Rod Williams. I had the pleasure of meeting Mr. Williams while I was in town in early July. He seems to be a “by the book” kind of guy, and that’s a good thing, inasmuch as the vast majority of Hayes Township officials are only “by the book” when it suits their own purposes. As observed in the last few years, they tend to be “chunk the book” kind of Good Ol’ Boys. Mr. Williams does not appear to be a member of the Hayes Township Good Ol’ Boys Club, unlike Jim VanWormer.
Also a point in Mr. William’s favor – he doesn’t seem to be intimidated by the bullies in the Hayes Township Good Ol’ Boys’ Club. He spends a lot of time taking the initiative to get his job training updated, which could prove to be the Bain of some members of the Good Ol’ Boys Club. So far, I like what I see. Maybe he’ll be a new broom sweeping some old dirt clean around Hayes Township. They sure do need it.
I have a lot more to say, so stay tuned.
This is, after all, the Hayes Township Watchdog Blog, and although so much of the shenanigans pulled by Hayes Township officials has centered around Moto Mania, there is still much going on in Hayes Township on the boards that has absolutely nothing to do with Moto Mania, and is still not quite kosher.
With that in mind, I am shifting my gaze to the other shenanigans going on that my neighbors and I have observed in the last few months and bring them to the attention of the general public, who still do not appear to be paying attention, now that the dust has settled on the Moto Mania issue.
The neighbors are still paying attention to you Hayes Township officials, both elected and appointed, and we are not going away. We live here and we own property here and we are not going to make it easy for you guys to screw over the people whose interests you are supposed to be protecting in the future. You will see at least one or two of our faces at every meeting, holding your feet to the fire. You can count on it.
One positive new thing since I last blogged is the new Zoning Administrator, Rod Williams. I had the pleasure of meeting Mr. Williams while I was in town in early July. He seems to be a “by the book” kind of guy, and that’s a good thing, inasmuch as the vast majority of Hayes Township officials are only “by the book” when it suits their own purposes. As observed in the last few years, they tend to be “chunk the book” kind of Good Ol’ Boys. Mr. Williams does not appear to be a member of the Hayes Township Good Ol’ Boys Club, unlike Jim VanWormer.
Also a point in Mr. William’s favor – he doesn’t seem to be intimidated by the bullies in the Hayes Township Good Ol’ Boys’ Club. He spends a lot of time taking the initiative to get his job training updated, which could prove to be the Bain of some members of the Good Ol’ Boys Club. So far, I like what I see. Maybe he’ll be a new broom sweeping some old dirt clean around Hayes Township. They sure do need it.
I have a lot more to say, so stay tuned.
Monday, April 11, 2011
Moto Mania Propaganda as Printed in the 7 April 2011 Clare County Cleaver Debunked
According to the latest propaganda piece in the Clare County Cleaver, (aka the Moto Mania PR and Propaganda Rag), by Genine Hopkins, “despite the hopes by some Hayes Township
Really? Did they really think we wouldn’t? Once again we have to go through the motions of trying to make the “system” work before we abandon the system altogether and resort to court. That means, Genine, the appeal has to go to the Zoning Board of Appeals first. So Michigan SUP application. But hey, misery loves company.
Since this Moto Mania business was snuck through in an unadvertised, last minute, hushed up meeting back in October 2009, the legal battle has only been going on for a little over a year. (The Collins’ lawsuit was filed on 7 April 2010 .) It has not been “ongoing for the past two years” as Genine claims. (I know. It just seems longer when an SUP that was never supposed to be granted in the first place keeps raising its ugly head in some new mutation. Son of Moto Mania. Moto Mania, the Campground and Resort version.) If it's overturned on Friday, I wonder how it will be reincarnated next time around?
"This legal battle, which has been ongoing for the past two years, has been a thorn in the side of Hayes Township, ..."
Genine exaggerates the timeframe. What’s the matter, Genine? Don’t you trust people to think for themselves? If all you did was lay out the facts for them, both pro and con, what would happen? Oh, right. Nobody knows because you can’t tell it without trying to influence it.
This “ongoing legal battle” may well be a thorn in the side of Hayes Township
“MMM ’s original application, although it could have fallen under resort, was applied for as a park, which has to be publically owned in order to qualify for an SUP under Hayes Township ordinances,” according to Genine Hopkins. Wrong again, Genine. That Doug Longenecker applied as a park instead of as a “resort” is an illustration of the fact that he just didn’t do his homework and went into this endeavor half cocked. A privately owned park run as a business doesn’t get the same consideration as a publically owned not-for-profit park. He applied as a “park” without realizing that there were any legal implications whatsoever. And with key personnel in key positions on the boards, why would he have to worry about that? I’m sure he was guaranteed to be a shoo-in when he looked at the property, hence his initial lawsuit, which he has since dropped. (Let's see if he files a new one if his SUP is overturned again.) Because that’s the way we do business here in Hayes Township. Always have. Until some neighbors called foul.
No doubt that along with “taking their time” or appearing to do so by dragging the so-called process out for three weeks in a row, certain members of the Planning Commission probably coached Mr. Longenecker about just how to word things; assisted of course by Mr. Longenecker’s legal counsel and possibly other interested parties. Genine with her law classes seems intimately familiar with all the details, whys and wherefores of Mr. Longenecker’s latest application.
I have no doubt that the Planning Commissioners went to Mr. Longenecker’s property. Some of their comings and goings have been noted. While they may have “extensively interviewed” Mr. Longenecker, their due diligence was lacking in the “extensive interviews” of the neighbors. None of us remember having any “extensive” conversations with any members of the Planning Commission, unless Mr. Criscuolo soliciting input from Matt Scheffler and Kimberly Kusiak constitutes an “extensive interview” or an attempt “to determine if some kind of compromise was possible.” In the end, the input provided by those two neighbors was moot since it was never discussed in an open forum.
“According to Hayes Township’s ordinances, the appeals time is only days, but township attorney David Dreyer adjusted the appeals time to reflect that of the Michigan Zoning Enabling Act, which provides for a full 30 days for an appeal.” 30 days seems to be a reasonable time to appeal a decision made by the Planning Commission. Sometimes it takes some time to have a lawyer word the appeal. If the Hayes Township Zoning Ordinance provided less time than the Michigan Zoning Enabling Act, that would have left Hayes Township vulnerable to a lawsuit for not providing enough time for an appeal to be filed. It was a prudent thing for Mr. Dreyer to do. But if needs be, the HTZO should be amended to comply with the MZEA.
In all of her biased writings, Genine continues to refer to the neighbors as “the opposition”, reminding us of her personal biases and the biases of the Cleaver in trying to cast the neighbors in a negative light. In opposing Moto Mania, we are also opposing the misapplication of the Hayes Township Zoning Ordinances to serve an agenda. We are in opposition to the bending and breaking of the law when it suits the purpose of our local government leaders. The fact that this kind of thing, even to achieve a desirable end is tolerated, is worrisome for Hayes Township Hayes Township Hayes Township Clare County Hayes Township Hayes Township
“Although the opposition continues, there is a general belief that since no errors were made, and the plan for MMM now includes a wider array of activities that are more in line with the exemptions, the appeal may lack the legal standing of the first appeal.” Really Genine? Where is this “general belief” coming from, except in your own mind, and in the minds of your colleagues at the Moto Mania PR and Propaganda Rag? Is this “general belief” shared by the several biased members of the elected and appointed Hayes Township Hayes Township SUP as the last one with window dressing added. Motocross and ORV riding and racing have not been removed from the equation at all. (Without restrictions, remember?) Other things have been added, but nothing has been removed.
“In the appeals document, the parties…cite conflict of interest for new Planning Commission member Wesley Kenney, …” Yes, we have pointed out Wesley Kenney’s conflict of interest - his business was the very first business listed in the support ad published in the Cleaver on 29 Apr 2010. How is that not bias and a conflict of interest? Especially if Mr. Longenecker avails himself of Mr. Kenney’s landscaping services in the future? One can hardly call Mr. Kenney unbiased.
We have also pointed out Don Atkinson’s conflicts of interest.
Lee Dancer has admitted to hoping to get some wells out of Moto Mania.
I’d like to know how Genine knows about a cross that was erected and has since “fallen down” (of its own accord, I’m sure) on the Collins’ property. Has she been trespassing on the Collins’ property to see it for herself? It is interesting that the cross was discovered as having “fallen down” about a week and a half before the news of it was printed in the Cleaver. The Collins’ were out of town at the time it was discovered that it had “fallen down” by a caretaker. By the time the Moto Mania PR and Propaganda Rag went to print, the cross had been erected again. You got it wrong again, Genine.
“The majority of local citizens hope MMM can finally open, bringing tourists to the area and creating jobs for the many unemployed in the area.”
Let’s break that down:
“The majority of local citizens…” – How many of these “local citizens” are paying property tax in Hayes Township Hayes Township Hayes Township
“…hope MMM can finally open…” - They want to play on someone else’s property in someone else’s back yard with their noisy toys.
“…bringing tourists to the area…” – more people, not form around here who want to play on someone else’s property in someone else’s back yard with their noisy toys.
“…and creating jobs for the many unemployed in the area.” - Do you really believe that the “many unemployed” (all of them) will be put back to work as soon as MMM opens its doors? I have a bridge I want to sell you. Just exactly what are these jobs that will be opening up on April 16 if Moto Mania is not overturned by the ZBA? I’d like to see a list of all of those job descriptions and what the pay and benefits are for all the unemployed people of Harrison (besides potentially Wes Kenney and Lee Dancer, and whatever construction company Mr. Longenecker has building stuff for him - these are people who are not unemployed. They already have their own work in other places besides MMM .). Those want ads should be out on the PR and Propaganda Rag in the 21 Apr 2011 edition if the ZBA does not overturn the SUP . Those job descriptions with pay and benefits scales should be available for the ZBA to look over in time to make their decision. Why doesn’t anyone ask Mr. Longenecker to produce them? How many of the unemployed are there in Harrison and how many actual jobs are going to materialize?
“An economic impact study conducted by the Outdoor Industry Foundation, that points to a study of the economic impact of outdoor resorts and activities in the state of Wisconsin, similar to the activities that MMM will be offering. This study was attached to the application as proof of the economic value of MMM to the area.” The entire Outdoor Industry Foundation study was not attached to the MMM SUP application. Just a single page with a couple of sentences underlined from a document by Dick Ramey that is at least 9 pages long. This document references the study and may or may not be relevant. This is what was attached to Mr. Longenecker’s SUP . Wisconsin Michigan Michigan Harrison .
Instead of taking a commonsense approach to the growth of business in this area, the preferred method seems to be to foment hysteria about neighbors fighting a noisy business going into an area not zoned for it. How much more of a win-win could it have been if Hayes Township Harrison and Clare County
Wednesday, March 30, 2011
A Civics Lesson for Jason Liptow
The Mostetler Road and Deer Lake
“Closed-minded selfish people never took a civics class that taught the good of the many outweighs the good of the few. You want peace and quiet and poaching off others property, move to Wyoming
Mr. Liptow’s friends Cathy Harper-Hayden, Grant Charville, Dan Schoch and Laura Murphy-Taylor agreed with him.
Where I went to school, I learned that the Founding Fathers espoused the rule of Law and the rights of the individual. I also learned that my individual rights do not extend beyond the end of my nose, which I hold to be true for all individuals. No one has the right to do what is wrong. In my civics class, I learned that the laws are in place to protect the rights of the individual. Laws are declared unconstitutional when they infringe upon the rights of the individual.
“The good of the many” is Utilitarianism and harks more toward National Socialism than it does toward a Democratic Republic.
The phrase “Gemeinnutz geht vor Eigennutz” (The common good before self interest) was popularized in Rudolf Jung’s book Der Nationale Sozialismus (National Socialism) Since when is Rudolf Jung one of the Founding Fathers?
This was the philosophy upon which Adolf Hitler’s economic policy was based. Personal profit was subordinate to the ends of the state in Hitler’s Germany
The common good before the private good; or to paraphrase using Mr. Liptow’s words, “The good of the many outweighs the good of the few.”
That Mr. Liptow and friends blindly embrace this philosophy I find troubling.
I find it troubling for several reasons, not the least of which is the fact that Mr. Liptow has run for public office (State Representative, District 97). During his campaign, Mr. Liptow used the Moto Mania debacle to make political hay while pandering for votes among the Moto Mania supporters. By latching onto the popular appeal of the misplaced business, Mr. Liptow hoped to propel himself into office.
Equally troubling is the fact that Mr. Liptow used to teach economics at Mid-Michigan Community College
I have heard Moto Mania supporters talk about “Democracy” and “majority rule”. What happens when the so called majority collectively and repeatedly breaks the law? Mob rule, anarchy, and a lack of respect for the rule of law. This kind of thing turns those in charge of governing into dictators and those in charge of law enforcement into thugs.
Mr. Longenecker’s right to run a business is not in question. Where he wants to establish his business is. There is a zoning ordinance for a reason. It is there to protect the rights of people who own property and pay taxes. It is there to assure that communities grow in a controlled and intelligent manner, not in a haphazard manner. Certain types of business do not belong in residential areas, rural or otherwise.
The damage to the environment, traffic, noise and fumes from Mr. Longenecker’s business infringes upon the rights of nearby property owners. Our property values are going down while our tax assessments are rising because of the presence of a Motocross/ORV business in the neighborhood. Our right to hunt and enjoy our property in peace and quiet is disrupted by the presence of a Motocross/ORV business in the neighborhood.
Mr. Liptow and friends consider us “close-minded,” “selfish,” “narrow-minded” and in need of a civics lesson because we are defending our rights.
The unsubstantiated, unproven and repeated allegations of poaching go to the maxim that if a lie is repeated often enough and loud enough it will be believed by those who do not bother to check the facts for themselves.
The comment about moving to Wyoming
Zoning Board of Appeals Meeting Set
There will be a public meeting of the Hayes Township Zoning Board of Appeals on Friday, 15 April 2011 at 7PM. Appeals have been filed concerning the Hayes Township Planning Commission's recent decision to grant a Special Use Permit without restrictions on the Gamble-Longenecker property on Mostetler Road. The public meeting will be held at the Hayes Township Civic Center.
Also, a new Zoning Administrator has been appointed in Hayes Township. Rod Williams, who is also the Zoning Administrator for Surrey Township assumed the job vacated last December by Lisa Stager.
Also, a new Zoning Administrator has been appointed in Hayes Township. Rod Williams, who is also the Zoning Administrator for Surrey Township assumed the job vacated last December by Lisa Stager.
Friday, March 25, 2011
Monday, March 21, 2011
Not Much of a Court Case
Not much really happened in court today. Only a few people showed up. Of the lawyers, only Hayes Township's attorney David Dreyer even bothered to show up. Jaynie Hoerauf has officially resigned as Doug Longenecker's attorney. Mr. Longenecker has dropped his $1.2 million lawsuit against Hayes Township and Judge Mienk has dismissed Mr. Longenecker's case.
There is, however, a stay on the Moto Mania property because of an appeal to the Zoning Board of Appeals.
Mr. Dreyer assures the neighbors (for what that's worth) that Mr. Longenecker must follow and abide by the law. (This time.) Not that it matters much. Hayes Township has a poor track record when it comes to adhering to and following and enforcing their laws. I don't expect anything has really changed. It's just more lip service.
There is, however, a stay on the Moto Mania property because of an appeal to the Zoning Board of Appeals.
Mr. Dreyer assures the neighbors (for what that's worth) that Mr. Longenecker must follow and abide by the law. (This time.) Not that it matters much. Hayes Township has a poor track record when it comes to adhering to and following and enforcing their laws. I don't expect anything has really changed. It's just more lip service.
Monday, March 14, 2011
Finally...
At long last, the illegal sign has been removed from the entrance of Michigan Moto Mania. I wonder if Hayes Township is going to make him pay the fines he owes for having it up well past the time it was supposed to have come down? There should be a fine assessed for every day past the notice he received from Lisa Stager back in November. Jim VanWormer should have cited him the day after the sign went up months before that. Probably not. They have waived just about every fee and fine they can for Mr. Longenecker.
I wonder if they overlook the fees and fines for everyone or are they just playing favorites?
Hayes Township seems to be trying to shield Doug Longenecker from as much expense as they can. Too bad Mr. Longenecker is not in a hurry to return the favor. He is not concerned with shielding the taxpayers of Hayes Township from the expenses they are incurring because of Michigan Moto Mania. He is still suing Hayes Township (you the taxpayer) for $1.2 million. Court date is 21 Mar 2011. Unless some kind of stall tactic is employed.
Did your tax assessment go up? The money has to come from somewhere. It's coming out of your pocket.
You have the elected leaders of Hayes Township to thank for that.
Even Chairman Lyle Criscuolo of the Planning Commission is not immune. Those upgrades and expansion of his business this past year have exposed him to more tax liability too. Be careful what you ask for. You just might get it.
I wonder if they overlook the fees and fines for everyone or are they just playing favorites?
Hayes Township seems to be trying to shield Doug Longenecker from as much expense as they can. Too bad Mr. Longenecker is not in a hurry to return the favor. He is not concerned with shielding the taxpayers of Hayes Township from the expenses they are incurring because of Michigan Moto Mania. He is still suing Hayes Township (you the taxpayer) for $1.2 million. Court date is 21 Mar 2011. Unless some kind of stall tactic is employed.
Did your tax assessment go up? The money has to come from somewhere. It's coming out of your pocket.
You have the elected leaders of Hayes Township to thank for that.
Even Chairman Lyle Criscuolo of the Planning Commission is not immune. Those upgrades and expansion of his business this past year have exposed him to more tax liability too. Be careful what you ask for. You just might get it.
Friday, March 11, 2011
So I was wondering...
Why, in light of this recent "victory" being celebrated by the Moto Maniacs, does Doug Longenecker's lawyer, Jaynie Hoerauf want to quit the case?
She has written a letter to Judge Mienk asking to quit as Mr. Longenecker's attorney.
Maybe she knows that the only place Mr. Longenecker has a prayer is in the court of public opinion, in the minds of the Moto Maniacs who cannot see past their frenzy to ride and race long enough to realize how wrong this whole thing is.
Mr. Longenecker's victory must be ringing pretty hollow right about now.
The Hayes Township Planning Commission handed him everything he and the maniacs wanted on a silver platter. But they all have to know that this is not the end of it and the neighbors are not going away.
We will be appealing to the ZBA. Once again, like last time around, per the Hayes Township Zoning Ordinance, there will be a stay on the property until the ZBA takes its decision. Mr. Longenecker knows this, even if the Moto Maniac lemmings do not.
So here's the dilemma: If Mr. Longenecker maintains his $1.2 million lawsuit against Hayes Township his claim will be greatly diminished. The Hayes Township leaders do not seem to have it figured out that he's suing them and he is not their friend.
The Planning Commission just gave him his motocross park - er... campground and resort. Without restrictions. Carte Blanche.
Anyone who doesn't think that wasn't a carefully orchestrated performance by the Planning Commission is fooling himself. Mr. Criscuolo worked around Nola Hopkins (who is showing signs of thinking for herself), and Lee Dancer who seems a bit shaky these days. No matter. Mr. Criscuolo has four other staunch enough supporters of Moto Mania that he could afford to vote last and give himself plausible deniability when it comes time to testify in court that he voted against it. His record to date suggests that he is not against it. He wanted to put restrictions on it and then approve it. That's what he will claim. He knew by the time he cast his vote which way the vote would go and they didn't need his vote to carry the motion so he threw his vote away. Very pragmatic of him.
But I digress. The bottom line is, the latest decision from the Planning Commission has rendered Mr. Longenecker's lawsuit moot.
When Judge Mienk asks why he's continuing with the lawsuit when the Planning Commission just granted him everything he wants, what is Mr. Longenecker going to say? How big will any settlement be? I'm guessing not too big because the judge told him to continue development at his own risk back in April of last year. And the current status in the "system" has a Special Use with no restrictions in Mr. Longenecker's hands.
A small settlement means that maybe he can't pay his legal fees. Maybe that's why Ms. Hoerauf wants off the case. She's not working pro bono.
What happens if Mr. Longenecker drops his lawsuit against Hayes Township? Well then he runs the risk of not having a lawsuit in play if the Zoning Board of Appeals overturns this second Special Use. The likelihood of that? About the same as the last one, and for the same reasons. If they overturn it again, and Mr. Lonngenecker has no lawsuit in play then if (when ) he files a new lawsuit, it looks like he's trying to extort the Township because they didn't give him what he wanted (twice).
And Ms. Hoerauf will have to stand in line along with all the rest of Mr. Longenecker's other creditors to get paid.
Maybe Ms. Hoerauf wants to stall the court date and get it pushed back until after March 21, 2011 (his latest court date coming up.) She may be "taking one for the team" so the court date will be pushed back until after Hayes Township can convene a Zoning Board of Appeals meeting. Her request about 2 weeks out (10 days as of today) is interesting timing. She may not have been too keen about representing Moto Mania anyway, and now that Mr. Longenecker has Ghazey Aleck representing him, it kills two birds with one stone. It sure beats asking the judge to push back the date while they wait and see what the ZBA decides in the inevitable appeal.
If they ask the judge outright to wait until after the appeal, then it links the two special uses. And Mr. Longenecker and presumably his legal team have gone to great lengths to keep these two Special Use Permits from being linked. Asking for the delay also makes it look like extortion. (I'll drop my lawsuit if I get what I want...) If Judge Mienk allows the court date to wait until after the ZBA's decision, he may end up deciding both of them at the same time.
For Mr. Longenecker, it's a craps shoot.
The latest shenanigans on the part of the Planning Commission all but guarantees that their decision will be overturned in court. From (intentional?) procedural missteps, to conflicts of interest and blatant disregard for the advice of their insurance company's attorney and the professional opinion of their short-lived Zoning Administrator, maybe the goal is to make Judge Mienk the "bad guy" to take the heat off of the Hayes Township leadership, and Mr. Longenecker's continued grounds to sue the Township. Again.
Maybe Ms. Hoerauf just plain got disgusted with it all.
I wonder...
She has written a letter to Judge Mienk asking to quit as Mr. Longenecker's attorney.
Maybe she knows that the only place Mr. Longenecker has a prayer is in the court of public opinion, in the minds of the Moto Maniacs who cannot see past their frenzy to ride and race long enough to realize how wrong this whole thing is.
Mr. Longenecker's victory must be ringing pretty hollow right about now.
The Hayes Township Planning Commission handed him everything he and the maniacs wanted on a silver platter. But they all have to know that this is not the end of it and the neighbors are not going away.
We will be appealing to the ZBA. Once again, like last time around, per the Hayes Township Zoning Ordinance, there will be a stay on the property until the ZBA takes its decision. Mr. Longenecker knows this, even if the Moto Maniac lemmings do not.
So here's the dilemma: If Mr. Longenecker maintains his $1.2 million lawsuit against Hayes Township his claim will be greatly diminished. The Hayes Township leaders do not seem to have it figured out that he's suing them and he is not their friend.
The Planning Commission just gave him his motocross park - er... campground and resort. Without restrictions. Carte Blanche.
Anyone who doesn't think that wasn't a carefully orchestrated performance by the Planning Commission is fooling himself. Mr. Criscuolo worked around Nola Hopkins (who is showing signs of thinking for herself), and Lee Dancer who seems a bit shaky these days. No matter. Mr. Criscuolo has four other staunch enough supporters of Moto Mania that he could afford to vote last and give himself plausible deniability when it comes time to testify in court that he voted against it. His record to date suggests that he is not against it. He wanted to put restrictions on it and then approve it. That's what he will claim. He knew by the time he cast his vote which way the vote would go and they didn't need his vote to carry the motion so he threw his vote away. Very pragmatic of him.
But I digress. The bottom line is, the latest decision from the Planning Commission has rendered Mr. Longenecker's lawsuit moot.
When Judge Mienk asks why he's continuing with the lawsuit when the Planning Commission just granted him everything he wants, what is Mr. Longenecker going to say? How big will any settlement be? I'm guessing not too big because the judge told him to continue development at his own risk back in April of last year. And the current status in the "system" has a Special Use with no restrictions in Mr. Longenecker's hands.
A small settlement means that maybe he can't pay his legal fees. Maybe that's why Ms. Hoerauf wants off the case. She's not working pro bono.
What happens if Mr. Longenecker drops his lawsuit against Hayes Township? Well then he runs the risk of not having a lawsuit in play if the Zoning Board of Appeals overturns this second Special Use. The likelihood of that? About the same as the last one, and for the same reasons. If they overturn it again, and Mr. Lonngenecker has no lawsuit in play then if (when ) he files a new lawsuit, it looks like he's trying to extort the Township because they didn't give him what he wanted (twice).
And Ms. Hoerauf will have to stand in line along with all the rest of Mr. Longenecker's other creditors to get paid.
Maybe Ms. Hoerauf wants to stall the court date and get it pushed back until after March 21, 2011 (his latest court date coming up.) She may be "taking one for the team" so the court date will be pushed back until after Hayes Township can convene a Zoning Board of Appeals meeting. Her request about 2 weeks out (10 days as of today) is interesting timing. She may not have been too keen about representing Moto Mania anyway, and now that Mr. Longenecker has Ghazey Aleck representing him, it kills two birds with one stone. It sure beats asking the judge to push back the date while they wait and see what the ZBA decides in the inevitable appeal.
If they ask the judge outright to wait until after the appeal, then it links the two special uses. And Mr. Longenecker and presumably his legal team have gone to great lengths to keep these two Special Use Permits from being linked. Asking for the delay also makes it look like extortion. (I'll drop my lawsuit if I get what I want...) If Judge Mienk allows the court date to wait until after the ZBA's decision, he may end up deciding both of them at the same time.
For Mr. Longenecker, it's a craps shoot.
The latest shenanigans on the part of the Planning Commission all but guarantees that their decision will be overturned in court. From (intentional?) procedural missteps, to conflicts of interest and blatant disregard for the advice of their insurance company's attorney and the professional opinion of their short-lived Zoning Administrator, maybe the goal is to make Judge Mienk the "bad guy" to take the heat off of the Hayes Township leadership, and Mr. Longenecker's continued grounds to sue the Township. Again.
Maybe Ms. Hoerauf just plain got disgusted with it all.
I wonder...
Saturday, February 26, 2011
Planning Commission Template
Note: This following document was typed from a document that John Scherrer gave to one of the Mostetler Road neighbors on 24 Feb 2011.
It appears to be a working document template for the Planning Commission members to use as they resolve the conditions they plan to place on Michigan Moto Mania Campground and Resort.
This is the shoe horn that the Planning Commission will be using to make the Motocross and ORV track fit into an area where it does not belong. They will pick and choose points from the Hayes Township Zoning Ordinance and the Hayes Township Master Plan to support their decision to approve Mr. Longenecker's Special Use while ignoring the many other points that do not support their decision.
Hayes Township Planning Commission
Resolution Approving, with Conditions the new (2011) Application and Site Plan
Submitted by Douglas Longenecker as to Parcels 18-007-025-100-01 and
18-007-026-200-02
After considering the written comments and public statements submitted at the Public Hearing on February 16, 2011 and after reviewing the application and site plan:
Resolved, that a special exception use for parcels 18-007-025-100-01 and 18-007-026-200-02 is hereby granted subject to the conditions set forth in Exhibit A pursuant to Hayes Township Zoning Ordinance Section 1604 in regard to property zoned Agricultural/Rural Residential District (A/R) for the purpose of a campground/resort application which provides snowmobiling, pack trails, bike trails, hunting, horseback riding, sledding, and similar uses normally associated with recreational resorts including overnight lodging using rustic camping.
Pursuant to Hayes Township Zoning Ordinance Section 1604.3 it is specifically resolved that in addition to complying with specific district regulations and general regulations as outlined in the Hayes Township Zoning Ordinance, the applicant has met the following criteria in regard to the special exception use permit (with conditions):
A. The Special exception use as set forth above will comply with the requirements, intents and purposes of the Zoning Ordinance for the following reasons:
B. The special exception use as set forth above will comply with the intent and purposes of an Agricultural/Rural (A/R) for the following reasons:
C. The special exception use as set forth above will comply with the standards and purposes set forth in the Township Master Plan for the following reasons:
D. The special exception use will be compatible with adjacent uses of land, the natural environment and the capabilities of public services and facilities affected by such special exception use for the following reasons:
E. The special exception use as set forth above will be consistent with the health, safety and welfare of Hayes Township for the following reasons:
In addition, pursuant to section 1603 it is specifically determined that the site plan is approved and that:
A. The proposed project complies with the requirements of the Hayes Township Zoning Ordinance for the follow reasons:
B. The proposed project promotes the intent and purpose of the Hayes Township Zoning Ordinance for the follow reasons:
C. The proposed project is compatible with adjacent land uses and the natural environment for the following reasons:
D. The proposed project has no adverse impact on public services and amenities including transportation and public utilities for the follow reasons:
E. The proposed project complies with all other applicable ordinances and state and federal statutes for the follow reasons:
It is further resolved that the following concluding statement is made by the Hayes Township Planning Commission setting forth the reasons for the decision and reasons for any conditions imposed:
Resolution made this _______day of February 2011 by:
Moved:______________________________________________
Seconded:____________________________________________
Roll Call Vote: _____________________I:________Nay:_______
_____________________I:________Nay:_______
_____________________I:________Nay:_______
_____________________I:________Nay:_______
_____________________I:________Nay:_______
_____________________I:________Nay:_______
_____________________I:________Nay:_______
I, Nola Hopkins, serving as Secretary of the Hayes Township Planning Commission, hereby certify that the above resolution was passed by the Hayes Township Planning on February ______, 2011.
______________________________
Nola Hopkins, Secretary
Thursday, February 24, 2011
Lisa Stager's Opinion
When Lisa Stager was the Zoning Administrator, she did not sign Doug Longenecker's current Application for Special Use because in her opinion, it did not comply with the Hayes Township Zoning Ordinance.
Prior to her resignation, she wrote an official letter as the Zoning Administrator to that effect with copies furnished to Hayes Township Supervisor John Scherrer and the Applicant, Doug Longenecker.
This letter, dated November 23, 2010 states:
To Whom It May Concern:
After careful review of Mr. Longenecker's proposed Special Land Use to create and operate a Motocross track and camping resort, I have concluded that in accordance with Hayes Township's Zoning Ordinance Article IV Section 400 such a commercial land use would not be compatible with the intent set forth therein of the A-R District in which the property is located. Also, Mr. Longenecker's plan for Motocross racing and commercial riding events would not be compliant with the Hayes Township anti-noise and Public Nuisance Ordinance, Section 2B(16) by virtue of the number of motorcycles and other ORV traffic as well as the use of an amplified audio speaker system during events are likely to produce an uncomfortable and unpleasant degree of sound in which adjacent property owners would be exposed to on a regular basis for many hours at a time. Based upon procedures for review set forth in section 1604(2) of the Hayes Township Zoning Ordinance I have determined that the proposed use does not comply with the Zoning Ordinance and other pertinent codes and ordinances of Hayes Township.
A site plan review for consideration of a campground or resort without the aforementioned commercial motocross and ORV activities will be conducted in accordance to the provisions of Article IV Section 402 of the Hayes Township Zoning Ordinance if Mr. Longenecker wishes.
Respectfully submitted,
Lisa Stager's Signature
Lisa Stager
Zoning Administrator,
Hayes Township
In her official capacity as the Hayes Township Zoning Administrator, Lisa Stager, the Zoning expert hired to do the job of Zoning Administrator, a woman with 7 years' experience as a Zoning Administrator in Hamilton Township, opined that Mr. Longenecker's Application for Special Use did not comply with the Hayes Township Zoning Ordinance. One would think that would carry some weight.
But it would appear that Hayes Township and it's government, both elected and appointed, are hell-bent to continue in their folly.
Prior to her resignation, she wrote an official letter as the Zoning Administrator to that effect with copies furnished to Hayes Township Supervisor John Scherrer and the Applicant, Doug Longenecker.
This letter, dated November 23, 2010 states:
To Whom It May Concern:
After careful review of Mr. Longenecker's proposed Special Land Use to create and operate a Motocross track and camping resort, I have concluded that in accordance with Hayes Township's Zoning Ordinance Article IV Section 400 such a commercial land use would not be compatible with the intent set forth therein of the A-R District in which the property is located. Also, Mr. Longenecker's plan for Motocross racing and commercial riding events would not be compliant with the Hayes Township anti-noise and Public Nuisance Ordinance, Section 2B(16) by virtue of the number of motorcycles and other ORV traffic as well as the use of an amplified audio speaker system during events are likely to produce an uncomfortable and unpleasant degree of sound in which adjacent property owners would be exposed to on a regular basis for many hours at a time. Based upon procedures for review set forth in section 1604(2) of the Hayes Township Zoning Ordinance I have determined that the proposed use does not comply with the Zoning Ordinance and other pertinent codes and ordinances of Hayes Township.
A site plan review for consideration of a campground or resort without the aforementioned commercial motocross and ORV activities will be conducted in accordance to the provisions of Article IV Section 402 of the Hayes Township Zoning Ordinance if Mr. Longenecker wishes.
Respectfully submitted,
Lisa Stager's Signature
Lisa Stager
Zoning Administrator,
Hayes Township
In her official capacity as the Hayes Township Zoning Administrator, Lisa Stager, the Zoning expert hired to do the job of Zoning Administrator, a woman with 7 years' experience as a Zoning Administrator in Hamilton Township, opined that Mr. Longenecker's Application for Special Use did not comply with the Hayes Township Zoning Ordinance. One would think that would carry some weight.
But it would appear that Hayes Township and it's government, both elected and appointed, are hell-bent to continue in their folly.
Sunday, February 20, 2011
Legal Representation
It is a well known fact that David Dreyer of the law firm Dreyer, Hovey & Diederich, LLP represents Hayes Township in all legal matters.
Sometimes I have to wonder just exactly whose best interest is Mr. Dreyer working toward?
I have often said jokingly to my friends in Harrison that Hayes Township is sometimes incestuous in the way it operates and conducts its affairs, and I'm afraid that the legal representation is not immune from the phenomenon. Dreyer, Hovey and Diederich is a common denominator in several equations regarding the Moto Mania situation.
Mr. Todd Diederich of Dreyer, Hovey & Diederich, LLP was appointed by the Hayes Township Board of Trustees to be a member of the Planning Commission on 15 Apr 2008. Apparently nobody thought twice about the potential for a conflict of interest when they made the appointment.
What I find interesting is that the date on the top of Mr. Diederich's application to become a member of the Hayes Township Planning Commission is 8 July 2008, almost three whole months after his appointment. This is the cart before the horse. This is another incident in an ongoing pattern of behavior throughout the entire Hayes Township government.
Mr. Diederich was present at and participated in most of the usual Planning Commission meetings, and things hummed along pretty well. Until...
I find it interesting that whoever convened that Special Meeting of the Planning Commission on 21 Oct 2009, (and we still don't know who that was), either did not inform Mr. Diederich of the meeting, or Mr. Diederich had the smarts to see a potential problem of a conflict of interest and not attend the meeting. This was the original meeting at which Doug Longenecker's request for Special Use on the then-Kenneth Gamble Trust property was first approved by the Planning Commission. He may not have been present, but it happened while he was a member of the Planning Commission. He had to have known that something wasn't right about it, and did nothing.
On 12 Jan 2010, Mr. Longenecker entered into a Land Contract with Mr. Gamble for the property on Mostetler Road. Papers were filed at the Clare County Courthouse the following day.
About the time the first harescramble race was held on the property on 27 Feb 2010, the Mostetler Road and Deer Lake neighbors started looking into what was going on. They were angry to find out that in an unannounced special meeting of the Hayes Township Planning Commission, a Special Use for a Motocross and ORV Racetrack was granted to Mr. Longenecker, right under the noses of the neighbors who would have liked to have been informed and had a say in the matter.
In 2 letters dated 11 March 2010, Mr. Diederich tendered his resignation from the Hayes Township Planning Commission, in order to avoid a potential conflict of interest, effective immediately. One letter was written on plain copy paper and the other was on the Dreyer, Hovey & Diederich, LLP letterhead. Word must have gotten out that the neighbors of the new motocross track were angry and looking into it. This was just five days before it hit the fan at the 16 March 2010 Board of Trustees Meeting. Nowhere in the minutes of that Board of Trustees Meeting is Mr. Diederich's resignation from the Planning Commission reflected. Why not? Was it not important enough to reflect in the minutes? I was at the meeting and to the best of my recollection, Mr. Diederich's letter of resignation was never read or brought up. It's almost as though they didn't want to remind anyone that a member of the law firm that represents the Township was sitting on a board. After watching all the players in action at Hayes Township and watching Mr. Dreyer represent Hayes Township, I have to conclude that this oversight, combined with the stealthy resignation, was intentional.
All of this has pretty much shielded Mr. Diederich from scrutiny, although it has not gone unnoticed that Mr. Diederich is a fan of Michigan Moto Mania on Facebook.
I have watched Mr. Dreyer represent Hayes Township and do things that made me wonder where his true alliances lie.
Because the elected officials have appeared too afraid to make a move without Mr. Dreyer's permission for fear of legal repercussions, Mr. Dreyer is, for all intents and purposes, running Hayes Township, and making some questionable legal calls.
I believe that Mr. Dreyer has some competing interests with regard to Michigan Moto Mania. He is also trying to cover his own backside and that of his law firm. Self interest and and the interest of his client, Hayes Township is a tightrope Mr. Dreyer has been masterful at negotiating. He has been collecting a nice fat paycheck lately form Hayes Township in running a defense against two lawsuuits regarding Michigan Moto Mania. By taking the matter to Judge Mienk, he has effectively dragged this whole thing out (making his pocketbook fatter at taxpayers' expense) and also potentially shielded his client from responsibility. In doing so, he was trying to get Judge Mienk to do the Hayes Township government's job for them. He attempted to pass the buck to Judge Mienk several times, and Judge Mienk would have none of it.
Mr. Dreyer and the Hayes Township government leaders seem eager to try to make Michigan Moto Mania a part of the Hayes township community on Mostetler Road. Mr. Longenecker wants a chance to open his business in the wrong place. Hayes Township wants a business that will "save" Harrison's economy. Mr. Dreyer wants what's in his own best interest. It's in Mr. Dreyer's best interest to keep his clients happy.
Mr. Dreyer has the reputation of being the best real estate attorney in Harrison.
Doesn't Dreyer, Hovey & Diederich, LLP represent Ken Gamble?
I wonder who represents Harrison Realty?
Sometimes I have to wonder just exactly whose best interest is Mr. Dreyer working toward?
I have often said jokingly to my friends in Harrison that Hayes Township is sometimes incestuous in the way it operates and conducts its affairs, and I'm afraid that the legal representation is not immune from the phenomenon. Dreyer, Hovey and Diederich is a common denominator in several equations regarding the Moto Mania situation.
Mr. Todd Diederich of Dreyer, Hovey & Diederich, LLP was appointed by the Hayes Township Board of Trustees to be a member of the Planning Commission on 15 Apr 2008. Apparently nobody thought twice about the potential for a conflict of interest when they made the appointment.
What I find interesting is that the date on the top of Mr. Diederich's application to become a member of the Hayes Township Planning Commission is 8 July 2008, almost three whole months after his appointment. This is the cart before the horse. This is another incident in an ongoing pattern of behavior throughout the entire Hayes Township government.
Mr. Diederich was present at and participated in most of the usual Planning Commission meetings, and things hummed along pretty well. Until...
I find it interesting that whoever convened that Special Meeting of the Planning Commission on 21 Oct 2009, (and we still don't know who that was), either did not inform Mr. Diederich of the meeting, or Mr. Diederich had the smarts to see a potential problem of a conflict of interest and not attend the meeting. This was the original meeting at which Doug Longenecker's request for Special Use on the then-Kenneth Gamble Trust property was first approved by the Planning Commission. He may not have been present, but it happened while he was a member of the Planning Commission. He had to have known that something wasn't right about it, and did nothing.
On 12 Jan 2010, Mr. Longenecker entered into a Land Contract with Mr. Gamble for the property on Mostetler Road. Papers were filed at the Clare County Courthouse the following day.
About the time the first harescramble race was held on the property on 27 Feb 2010, the Mostetler Road and Deer Lake neighbors started looking into what was going on. They were angry to find out that in an unannounced special meeting of the Hayes Township Planning Commission, a Special Use for a Motocross and ORV Racetrack was granted to Mr. Longenecker, right under the noses of the neighbors who would have liked to have been informed and had a say in the matter.
In 2 letters dated 11 March 2010, Mr. Diederich tendered his resignation from the Hayes Township Planning Commission, in order to avoid a potential conflict of interest, effective immediately. One letter was written on plain copy paper and the other was on the Dreyer, Hovey & Diederich, LLP letterhead. Word must have gotten out that the neighbors of the new motocross track were angry and looking into it. This was just five days before it hit the fan at the 16 March 2010 Board of Trustees Meeting. Nowhere in the minutes of that Board of Trustees Meeting is Mr. Diederich's resignation from the Planning Commission reflected. Why not? Was it not important enough to reflect in the minutes? I was at the meeting and to the best of my recollection, Mr. Diederich's letter of resignation was never read or brought up. It's almost as though they didn't want to remind anyone that a member of the law firm that represents the Township was sitting on a board. After watching all the players in action at Hayes Township and watching Mr. Dreyer represent Hayes Township, I have to conclude that this oversight, combined with the stealthy resignation, was intentional.
All of this has pretty much shielded Mr. Diederich from scrutiny, although it has not gone unnoticed that Mr. Diederich is a fan of Michigan Moto Mania on Facebook.
I have watched Mr. Dreyer represent Hayes Township and do things that made me wonder where his true alliances lie.
Because the elected officials have appeared too afraid to make a move without Mr. Dreyer's permission for fear of legal repercussions, Mr. Dreyer is, for all intents and purposes, running Hayes Township, and making some questionable legal calls.
I believe that Mr. Dreyer has some competing interests with regard to Michigan Moto Mania. He is also trying to cover his own backside and that of his law firm. Self interest and and the interest of his client, Hayes Township is a tightrope Mr. Dreyer has been masterful at negotiating. He has been collecting a nice fat paycheck lately form Hayes Township in running a defense against two lawsuuits regarding Michigan Moto Mania. By taking the matter to Judge Mienk, he has effectively dragged this whole thing out (making his pocketbook fatter at taxpayers' expense) and also potentially shielded his client from responsibility. In doing so, he was trying to get Judge Mienk to do the Hayes Township government's job for them. He attempted to pass the buck to Judge Mienk several times, and Judge Mienk would have none of it.
Mr. Dreyer and the Hayes Township government leaders seem eager to try to make Michigan Moto Mania a part of the Hayes township community on Mostetler Road. Mr. Longenecker wants a chance to open his business in the wrong place. Hayes Township wants a business that will "save" Harrison's economy. Mr. Dreyer wants what's in his own best interest. It's in Mr. Dreyer's best interest to keep his clients happy.
Mr. Dreyer has the reputation of being the best real estate attorney in Harrison.
Doesn't Dreyer, Hovey & Diederich, LLP represent Ken Gamble?
I wonder who represents Harrison Realty?
Friday, February 18, 2011
Who's Going to Pay for This?
I have a question for all the taxpaying citizens of Hayes Township. Who's going to pay for all the extra stuff that Michigan Moto Mania is going to bring to Hayes Township along with the supposed jobs and trickle down business? Anyone who thinks that a Michigan Moto Mania Campground and Resort will give more than it takes is fooling himself.
Michigan Moto Mania will bring an increase of police activity on Mostetler Road. When asked who will police this business, the response was the local police. So, who will pay for this increased need for police coverage?
The Hayes Township taxpayers will.
Michigan Moto Mania will increase the need for ambulances because people will inevitably get hurt riding dirt bikes and ORVs out there. Who will pay for the extra ambulance service that will be required?
The Hayes Township taxpayers will.
Michigan Moto Mania will increase the need for road maintenance on Mostetler Road. There will be more traffic bringing horse trailers and ORV and dirt bike trailers up and down the dirt road that is Mostetler Road. These heavy vehicles take their toll on a dirt road. Who will pay for the increased maintenance and upkeep of Mostetler Road?
The Hayes Township taxpayers will.
Michigan Moto Mania will increase traffic over Mostetler Road Bridge. At the last Hayes Township Board of Trustees meeting, on 15 Feb, 2011, Ron Bushong, the County Road Commissioner said that there is no grant at this time to upgrade the bridge, and even if we get a grant, the bridge will not be replaced before 2014, and that is a big IF. IF we even get a grant. Who will pay to repair or replace the bridge if the increased traffic causes any further damage to the bridge?
The Hayes Township taxpayers will.
Michigan Moto Mania already has increased and will continue to increase the legal fees for Hayes Township. Mr. Longenecker is already suing Hayes Township for 1.2 million dollars. His persistence in pursuing what is still contrary to the intent and spirit of the Hayes Township Zoning Ordinance will cost Hayes Township still more. Who will ultimately pay for that?
The Hayes Township taxpayers will.
I would also like to point out that although the neighbors have their own lawsuit against Hayes Township, it was the Hayes Township's attorney David Dreyer who sent us to the courtroom in the first place by stating at the end of the ten page letter he wrote dated 12 Mar 2010, "Except for passing the resolution I have recommended, the Hayes Township Board has no independent authority concerning this matter. The Zoning Administrator, Planning Commission and Zoning Board of Appeals must each perform their duties according to the ordinance. During all of these proceedings, Hayes Township does not have the legal authority to 'red tag' or otherwise stop the activities on the property. Only the Clare County Circuit Court has the power to issue injunctions or other court orders pertaining to this matter. It is within the rights of the property owner making the application or for any other interested party to file for relief with the Clare County Circuit." The neighbors resorted to their only recourse, and that was a lawsuit. We are not asking for 1.2 million dollars. We are only asking for what it is costing us to get the redress that Hayes Township would not afford to us as taxpaying property owners with legitimate concerns. All we ever wanted from Mr. Longenecker was for him to cease and desist until this issue is completely hashed out. Who will pay for this?
The Hayes Township taxpayers will.
There are many local supporters clamoring for this business to be built who have no real skin in this. They are not the tax base who will foot all of these bills when they come due. They are not the neighbors in whose back yard this Moto Mania will be. They are form other townships and they want to play in our back yard. Some of the businesses are from the City of Harrison and they are not contributing to Hayes Township's tax base.
Mr. Longenecker's claim and efforts to be everything to everyone and to have everything available on site will compete with local business owners. While it may provide some one time business to a few businesses in town (and that's if Mr. Longenecker chooses to use their services), Moto Mania will compete with many other local businesses for smaller pieces of the economic pie.
Cabin rentals and camping - will this not compete with the dozen or more campgrounds and motels that are trying to survive? Are these already established businesses so filled up that there is a need for another new campground? This market is saturated. At least one campground is in foreclosure for lack of business. I didn't see a "full camp" sign at Wilson State Park this year either.
Storage facilities - There are three in Harrison. Are they all full? Will a Moto Mania really bring long term business to them when Mr. Longenecker's storage facility is built and competing with them for ORV and gear storage?
A general store - will this not take business from local markets? If people can buy what they need at a camp store or general store at Moto Mania, why do they need to go to town for what they want?
Concessions - Will this not take business from our local restaurants? If people are eating at Moto Mania, they won't be eating at the restaurants in town, with the possible exception of the Burger King on the way out of town.
ORV riding - Are there not enough state trails accessible from Clare County? What about the Leota Trail system?
Swap Meets - Does the centrally located flea market north of town within walking of Wilson State Park have so much overflow business that another open air market is needed? The in town flea market is accessible to people on foot by the sidewalks in town. Swap Meets a mile and a half down a dirt road, accessible only by car is really the way to go? Can the flea Market not also hold swap meets?
Horseback riding - How many local residents are aware that there is a local horseback riding facility on Coolidge Road in Harrison? Harmony Youth Ranch is a not-for-profit Christian riding stable that rescues horses. They only take donations to help support their rescue efforts. Youths get riding lessons for free. Mr. Longenecker's latest addition will cut into that already struggling non-profit's bottom line.
Maybe the Hayes Township Planning Commission and the Board of Trustees should contact all of these businesses and talk to them one-on one and get their input. See who else besides the Mostetler Road and Deer Lake neighbors will be adversely affected by Mr. Longenecker's business.
I know of at least one motel owner, a couple of campground owners and others who are not thrilled about another business taking a bite out of their shrinking piece of the economic pie.
In the end, I believe that the economic benefit will be canceled out by the economic loss due to furthering this business enterprise in this location. But the folks footing the bill are the ones who need to call their elected officials in Hayes Township and let them know what they think.
Michigan Moto Mania will bring an increase of police activity on Mostetler Road. When asked who will police this business, the response was the local police. So, who will pay for this increased need for police coverage?
The Hayes Township taxpayers will.
Michigan Moto Mania will increase the need for ambulances because people will inevitably get hurt riding dirt bikes and ORVs out there. Who will pay for the extra ambulance service that will be required?
The Hayes Township taxpayers will.
Michigan Moto Mania will increase the need for road maintenance on Mostetler Road. There will be more traffic bringing horse trailers and ORV and dirt bike trailers up and down the dirt road that is Mostetler Road. These heavy vehicles take their toll on a dirt road. Who will pay for the increased maintenance and upkeep of Mostetler Road?
The Hayes Township taxpayers will.
Michigan Moto Mania will increase traffic over Mostetler Road Bridge. At the last Hayes Township Board of Trustees meeting, on 15 Feb, 2011, Ron Bushong, the County Road Commissioner said that there is no grant at this time to upgrade the bridge, and even if we get a grant, the bridge will not be replaced before 2014, and that is a big IF. IF we even get a grant. Who will pay to repair or replace the bridge if the increased traffic causes any further damage to the bridge?
The Hayes Township taxpayers will.
Michigan Moto Mania already has increased and will continue to increase the legal fees for Hayes Township. Mr. Longenecker is already suing Hayes Township for 1.2 million dollars. His persistence in pursuing what is still contrary to the intent and spirit of the Hayes Township Zoning Ordinance will cost Hayes Township still more. Who will ultimately pay for that?
The Hayes Township taxpayers will.
I would also like to point out that although the neighbors have their own lawsuit against Hayes Township, it was the Hayes Township's attorney David Dreyer who sent us to the courtroom in the first place by stating at the end of the ten page letter he wrote dated 12 Mar 2010, "Except for passing the resolution I have recommended, the Hayes Township Board has no independent authority concerning this matter. The Zoning Administrator, Planning Commission and Zoning Board of Appeals must each perform their duties according to the ordinance. During all of these proceedings, Hayes Township does not have the legal authority to 'red tag' or otherwise stop the activities on the property. Only the Clare County Circuit Court has the power to issue injunctions or other court orders pertaining to this matter. It is within the rights of the property owner making the application or for any other interested party to file for relief with the Clare County Circuit." The neighbors resorted to their only recourse, and that was a lawsuit. We are not asking for 1.2 million dollars. We are only asking for what it is costing us to get the redress that Hayes Township would not afford to us as taxpaying property owners with legitimate concerns. All we ever wanted from Mr. Longenecker was for him to cease and desist until this issue is completely hashed out. Who will pay for this?
The Hayes Township taxpayers will.
There are many local supporters clamoring for this business to be built who have no real skin in this. They are not the tax base who will foot all of these bills when they come due. They are not the neighbors in whose back yard this Moto Mania will be. They are form other townships and they want to play in our back yard. Some of the businesses are from the City of Harrison and they are not contributing to Hayes Township's tax base.
Mr. Longenecker's claim and efforts to be everything to everyone and to have everything available on site will compete with local business owners. While it may provide some one time business to a few businesses in town (and that's if Mr. Longenecker chooses to use their services), Moto Mania will compete with many other local businesses for smaller pieces of the economic pie.
Cabin rentals and camping - will this not compete with the dozen or more campgrounds and motels that are trying to survive? Are these already established businesses so filled up that there is a need for another new campground? This market is saturated. At least one campground is in foreclosure for lack of business. I didn't see a "full camp" sign at Wilson State Park this year either.
Storage facilities - There are three in Harrison. Are they all full? Will a Moto Mania really bring long term business to them when Mr. Longenecker's storage facility is built and competing with them for ORV and gear storage?
A general store - will this not take business from local markets? If people can buy what they need at a camp store or general store at Moto Mania, why do they need to go to town for what they want?
Concessions - Will this not take business from our local restaurants? If people are eating at Moto Mania, they won't be eating at the restaurants in town, with the possible exception of the Burger King on the way out of town.
ORV riding - Are there not enough state trails accessible from Clare County? What about the Leota Trail system?
Swap Meets - Does the centrally located flea market north of town within walking of Wilson State Park have so much overflow business that another open air market is needed? The in town flea market is accessible to people on foot by the sidewalks in town. Swap Meets a mile and a half down a dirt road, accessible only by car is really the way to go? Can the flea Market not also hold swap meets?
Horseback riding - How many local residents are aware that there is a local horseback riding facility on Coolidge Road in Harrison? Harmony Youth Ranch is a not-for-profit Christian riding stable that rescues horses. They only take donations to help support their rescue efforts. Youths get riding lessons for free. Mr. Longenecker's latest addition will cut into that already struggling non-profit's bottom line.
Maybe the Hayes Township Planning Commission and the Board of Trustees should contact all of these businesses and talk to them one-on one and get their input. See who else besides the Mostetler Road and Deer Lake neighbors will be adversely affected by Mr. Longenecker's business.
I know of at least one motel owner, a couple of campground owners and others who are not thrilled about another business taking a bite out of their shrinking piece of the economic pie.
In the end, I believe that the economic benefit will be canceled out by the economic loss due to furthering this business enterprise in this location. But the folks footing the bill are the ones who need to call their elected officials in Hayes Township and let them know what they think.
Wednesday, February 16, 2011
A Well Written Piece of Propaganda
Kudos to Genine Hopkins for her latest piece of pro Moto Mania propaganda in this week's Moto Mania PR and Propaganda Rag. Clearly calculated to produce maximum support from the local public for Doug Longenecker's latest Special Use Permit application. Also clearly meant to de-emphasize the real intent of the special use and calculated to hit the newsstands in time to influence the Planning Commission in a cleverly orchestrated PR campaign. Bra-vo!
This is the first slight of hand in the carnival of smoke and mirrors that will be the Planning Commission's Big Show of dotting all the i's and crossing all the t's. We all know what the outcome will be, but this production is intended to address all of the neighbors' arguments to date, and diminish them while making the wronged neighbors appear to be petty and unyielding.
If the Planning Commission ever had any intention of acting in good faith with the Mostetler Road and Deer lake neighbors, they would hold Mr. Longenecker to his new vision and cause him to keep a minimum number of horses on the premises at all times for his stated purposes.
The only reason Mr. Longenecker has revisited his vision of Moto Mania was because his original vision absolutely does not conform to the Hayes Township Zoning Ordinance. The new modifications don't either and his latest site plan and application are just a newly worded statement of the same old purposes with a few new pieces added so as to appear to comply.
Ms. Hopkins quotes Mr. Longenecker: "We understand the concerns of the residents who have expressed animosity towards this endeavor and have taken their concerns under advisement."
Mr. Longenecker obviously does not understand our concerns because he has done little to reassure the "residents who have expressed animosity." Mr. Longenecker's addition of camping and horseback riding and cross country skiing and sledding does nothing to diminish the fact that at its core, this business is all about the Moto. The rest of it is what Mr. Longenecker thinks he has to do to make it pass muster legally. The only manner of consultation that Mr. Longenecker has engaged in with his neighbors is to attempt with these current efforts to appear to have taken the neighbors into consideration. He has not spoken to any of us about it. These are all concerns we raised the last time around. What part of "we don't want to live near a motocross and ORV business" does Mr. Longenecker not understand?
That this business is still all about the Moto is brought out by the fact that Mr. Longenecker is now calling his business "Michigan Moto Mania Campground and Resort." It will still be more Moto Mania than campground and resort, and the Planning Commission knows it.
Another demonstration of Mr. Longenecker's real purpose is shown on his current site plan. There is not a pasture or watering hole reflected on the site plan to accommodate the horses.
Anyone can go up on the Internet to find general studies to support a point of view. I'm sure I can find just as many to support mine. Mr. Longenecker has produced nothing specific to the Gamble-Longenecker property. He claimed in the narrative portion of his application, "Believe me; last year the place has been tested on all levels. from the police, the fire marshal, DNR, DEQ, health department , multiple times...," and yet he did not submit the documentation from any such testing with his application; just scientific looking articles from the Internet.
I would like to see a list of the "15-50" jobs that Mr. Longenecker is promising to bring to Harrison.
Exactly what are these jobs, and what to they entail? Are they part time? Full time? What are the job descriptions and salaries? I think Mr. Longenecker is peddling snake oil. In the end the promise of jobs that may or may not materialize does not make this business comply with the Hayes Township Zoning Ordinance which governs in this case.
No doubt that some members of the Planning Commission are trying to get in on some of the "trickle down" business. Mr. Criscuolo added a whole new building full of storage units onto his business this past summer. I wonder if the fact that they are exactly the right size for storing ORVs is a coincidence? According to the site plan, Mr. Longenecker plans to have two wells dug. I wonder who he'll call to dig them? Trickle down indeed.
The most telling indicator in the propaganda piece is the picture of the motocross racer.
This is the first slight of hand in the carnival of smoke and mirrors that will be the Planning Commission's Big Show of dotting all the i's and crossing all the t's. We all know what the outcome will be, but this production is intended to address all of the neighbors' arguments to date, and diminish them while making the wronged neighbors appear to be petty and unyielding.
If the Planning Commission ever had any intention of acting in good faith with the Mostetler Road and Deer lake neighbors, they would hold Mr. Longenecker to his new vision and cause him to keep a minimum number of horses on the premises at all times for his stated purposes.
The only reason Mr. Longenecker has revisited his vision of Moto Mania was because his original vision absolutely does not conform to the Hayes Township Zoning Ordinance. The new modifications don't either and his latest site plan and application are just a newly worded statement of the same old purposes with a few new pieces added so as to appear to comply.
Ms. Hopkins quotes Mr. Longenecker: "We understand the concerns of the residents who have expressed animosity towards this endeavor and have taken their concerns under advisement."
Mr. Longenecker obviously does not understand our concerns because he has done little to reassure the "residents who have expressed animosity." Mr. Longenecker's addition of camping and horseback riding and cross country skiing and sledding does nothing to diminish the fact that at its core, this business is all about the Moto. The rest of it is what Mr. Longenecker thinks he has to do to make it pass muster legally. The only manner of consultation that Mr. Longenecker has engaged in with his neighbors is to attempt with these current efforts to appear to have taken the neighbors into consideration. He has not spoken to any of us about it. These are all concerns we raised the last time around. What part of "we don't want to live near a motocross and ORV business" does Mr. Longenecker not understand?
That this business is still all about the Moto is brought out by the fact that Mr. Longenecker is now calling his business "Michigan Moto Mania Campground and Resort." It will still be more Moto Mania than campground and resort, and the Planning Commission knows it.
Another demonstration of Mr. Longenecker's real purpose is shown on his current site plan. There is not a pasture or watering hole reflected on the site plan to accommodate the horses.
Anyone can go up on the Internet to find general studies to support a point of view. I'm sure I can find just as many to support mine. Mr. Longenecker has produced nothing specific to the Gamble-Longenecker property. He claimed in the narrative portion of his application, "Believe me; last year the place has been tested on all levels. from the police, the fire marshal, DNR, DEQ, health department , multiple times...," and yet he did not submit the documentation from any such testing with his application; just scientific looking articles from the Internet.
I would like to see a list of the "15-50" jobs that Mr. Longenecker is promising to bring to Harrison.
Exactly what are these jobs, and what to they entail? Are they part time? Full time? What are the job descriptions and salaries? I think Mr. Longenecker is peddling snake oil. In the end the promise of jobs that may or may not materialize does not make this business comply with the Hayes Township Zoning Ordinance which governs in this case.
No doubt that some members of the Planning Commission are trying to get in on some of the "trickle down" business. Mr. Criscuolo added a whole new building full of storage units onto his business this past summer. I wonder if the fact that they are exactly the right size for storing ORVs is a coincidence? According to the site plan, Mr. Longenecker plans to have two wells dug. I wonder who he'll call to dig them? Trickle down indeed.
The most telling indicator in the propaganda piece is the picture of the motocross racer.
This is Cindarella’s ugly step-sister trying to make her big fat foot fit into the glass slipper. The Hayes Township Planning Commission
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