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.
Tuesday, November 30, 2010
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.
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.
"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.
Friday, November 26, 2010
For the Record...
Let me be clear to Robin and everyone else who reads my blog: when I make accusations, I back them up with documentation or I make references to incidents that have occurred in front of many witnesses, or I have seen or heard it for myself, and I name names. I do not rely on hearsay from one person’s word against another’s. If I make a reference to anything that goes on in the Hayes Township
If names are not named, it's because I cannot prove with irrefutable reference to sources the conclusions I have drawn.
Monday, November 22, 2010
What's Next For Moto Mania
It would appear that Doug Longenecker has four choices for ways to proceed from here.
Option #1: Take the matter to court and appeal the Zoning Board of Appeals' decision to Circuit Court. Judge Mienk should have received word of the decision by now. He has indicated that once the ZBA had decided he would become involved if an aggrieved party appeals to him.
According to the Hayes Township Zoning Ordinance, Section 1509 Final Action on Appeals, page 72 of the most up to date copy, (which is still not on the Hayes Township Website), "The decision of the [Zoning] Board of Appeals shall not be final, and any person aggrieved by any such decision shall have the right to petition to the Circuit Court on questions of law and fact."
Doug is perfectly within his rights to appeal the ZBA's decision to the Circuit Court, however his attorney, Jaynie Hoerauf has indicated that she wants to review wording the Zoning Board of Appeals' motion before she goes forward with an appeal to the circuit court.
If he chooses this option, he will be filing a new case altogether. I wonder if his new case will go before Judge Mienk, since he is familiar with the case, or another judge. I'm sure Doug and his attorneys are hoping for a different judge for his appeal since Judge Mienk did not seem impressed with Doug's shenanigans with regard to the Polaris event on Moto Mania property which violated the ZBA stay.
Option #2: He can wait 90 days and ask the Zoning Board of Appeals to reconsider their decision.
According to the Hayes Township Zoning Ordinance Section 1503 Rules and Regulations, Paragraph 6, Page 71 (Most up to date version), "For a period of ninety (90) days, following a decision by the [Zoning] Board [of Appeals], no reconsideration of that decision shall be given unless the Board, in its sole discretion, determines that there has been a material change in applicable facts and circumstances."
Unless Lyle succeeds in sneaking in a change to the Hayes township Zoning Ordinance, like, say, adding a new special use to the A-R zone to specifically say Motocross Parks and ORV Businesses, or some other rule change, which will take a process, I don't see how a "material change in applicable facts and circumstances" can take place.
The earliest Doug can apply for reconsideration is 8 Feb 2011.
Option #3: Apply for a brand spankin' new Special Use Permit, starting from scratch. Nothing prohibits him from doing this.
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.
So he wants to go for round three. I guess he thinks that the third time's a charm. Only this time, I think he's going to find out that the hoops he wasn't made to jump through by Jim VanWormer, Lyle Criscuolo and the rest of the Planning Commission are hoops looming large this time around. I think Doug is going to find out that there's more to it than simply calling your business a "Resort" or a "Campground". Unlike the last two go-rounds, he is finding out that there are requirements to be met and other agencies besides Hayes Township who have a say in the matter. It is more complicated than he thinks it is. It could take another year before this gets decided.
In the meantime, we will hold the Planning Commission's feet to the fire and watch them like hawks. Again. This time we will be vocal about it when we point out potential conflicts of interest among members of the Planning Commission, and they may want to bear that in mind. Any that do have conflicts may want to recuse themselves this time around when the application gets to them.
Jim VanWormer is gone, and I don't think that the Planning Commission can pull Lisa Stager's strings as easily as they pulled his. In fact, I don't think she has any strings to pull.
Option #4: Doug can cut his losses and walk away, and try to get redress from Hayes Township for what he invested in the first place, (before Judge Mienk told him to continue to develop at his own risk). I don't think he has much grounds for anything beyond that. He was complicit in the way things were done the last two times around and has already displayed a willingness to bend the rules and violate stays and restrictions placed upon him. With his track record, if I were on the Planning Commission, I would think twice before I rewarded that a second time.
And the neighbors? We're in it for the long haul. Our lives, family and investments are tied up in our property. We aren't going anywhere.
Option #1: Take the matter to court and appeal the Zoning Board of Appeals' decision to Circuit Court. Judge Mienk should have received word of the decision by now. He has indicated that once the ZBA had decided he would become involved if an aggrieved party appeals to him.
According to the Hayes Township Zoning Ordinance, Section 1509 Final Action on Appeals, page 72 of the most up to date copy, (which is still not on the Hayes Township Website), "The decision of the [Zoning] Board of Appeals shall not be final, and any person aggrieved by any such decision shall have the right to petition to the Circuit Court on questions of law and fact."
Doug is perfectly within his rights to appeal the ZBA's decision to the Circuit Court, however his attorney, Jaynie Hoerauf has indicated that she wants to review wording the Zoning Board of Appeals' motion before she goes forward with an appeal to the circuit court.
If he chooses this option, he will be filing a new case altogether. I wonder if his new case will go before Judge Mienk, since he is familiar with the case, or another judge. I'm sure Doug and his attorneys are hoping for a different judge for his appeal since Judge Mienk did not seem impressed with Doug's shenanigans with regard to the Polaris event on Moto Mania property which violated the ZBA stay.
Option #2: He can wait 90 days and ask the Zoning Board of Appeals to reconsider their decision.
According to the Hayes Township Zoning Ordinance Section 1503 Rules and Regulations, Paragraph 6, Page 71 (Most up to date version), "For a period of ninety (90) days, following a decision by the [Zoning] Board [of Appeals], no reconsideration of that decision shall be given unless the Board, in its sole discretion, determines that there has been a material change in applicable facts and circumstances."
Unless Lyle succeeds in sneaking in a change to the Hayes township Zoning Ordinance, like, say, adding a new special use to the A-R zone to specifically say Motocross Parks and ORV Businesses, or some other rule change, which will take a process, I don't see how a "material change in applicable facts and circumstances" can take place.
The earliest Doug can apply for reconsideration is 8 Feb 2011.
Option #3: Apply for a brand spankin' new Special Use Permit, starting from scratch. Nothing prohibits him from doing this.
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.
So he wants to go for round three. I guess he thinks that the third time's a charm. Only this time, I think he's going to find out that the hoops he wasn't made to jump through by Jim VanWormer, Lyle Criscuolo and the rest of the Planning Commission are hoops looming large this time around. I think Doug is going to find out that there's more to it than simply calling your business a "Resort" or a "Campground". Unlike the last two go-rounds, he is finding out that there are requirements to be met and other agencies besides Hayes Township who have a say in the matter. It is more complicated than he thinks it is. It could take another year before this gets decided.
In the meantime, we will hold the Planning Commission's feet to the fire and watch them like hawks. Again. This time we will be vocal about it when we point out potential conflicts of interest among members of the Planning Commission, and they may want to bear that in mind. Any that do have conflicts may want to recuse themselves this time around when the application gets to them.
Jim VanWormer is gone, and I don't think that the Planning Commission can pull Lisa Stager's strings as easily as they pulled his. In fact, I don't think she has any strings to pull.
Option #4: Doug can cut his losses and walk away, and try to get redress from Hayes Township for what he invested in the first place, (before Judge Mienk told him to continue to develop at his own risk). I don't think he has much grounds for anything beyond that. He was complicit in the way things were done the last two times around and has already displayed a willingness to bend the rules and violate stays and restrictions placed upon him. With his track record, if I were on the Planning Commission, I would think twice before I rewarded that a second time.
And the neighbors? We're in it for the long haul. Our lives, family and investments are tied up in our property. We aren't going anywhere.
Friday, November 19, 2010
It's Time For Lyle To Go, Part 2
As the Chair of the Planning Commission, Lyle has abused his power. Abuse of power is misconduct while in office, and in my opinion is grounds for removal from all offices and positions of responsibility held.
The following list of Lyle's abuses should help John Scherrer figure out what the written charges should look like. He was at a loss when I was in his office the other day. This should be an agenda item at next week's Board of Trustees meeting as a first step in the process to remove Lyle from all boards. (John, the Board of Trustees needs to have charges written out and schedule a public hearing. I have given you plenty to work with.)
1. As the Chair of the Planning Commission, Lyle and the Planning Commission did not follow [proper procedure as prescribed in] the Hayes Township Zoning Ordinance in considering the paperwork that Doug Longenecker provided. (Dreyer Letter, dated 12 Mar 2010, Page 2).
2. Lyle chaired the Special Meeting of the Planning Commission in which the Planning Commission passed a resolution which did not meet the requirements of the Hayes Township Zoning Ordinance, and was therefore an invalid resolution. (Dreyer Letter, dated 12 March 2010, Page 2).
3. These missteps by the Planning Commission under Lyle's Chairmanship caused the Hayes Township Attorney to get involved and advise the Board of Trustees to require the Planning Commission to revisit the entire issue. (Dreyer Letter dated 12 Mar 2010, Page 2).
4. Lyle and the Planning Commission considered a deficient site plan at the Special Meeting on 21 Oct 2009. Any lay person could have seen that the site plan was deficient upon looking at it. Unless Lyle didn't bother to look at it, he had to notice it.
5. Lyle and the Planning Commission considered an incomplete Application for Special Use at the Special Meeting on 21 Oct 2009. I have seen the original application. Anyone looking at it could tell it was incomplete. Surely Lyle knew it was incomplete the minute he saw it.
6. Lyle and the Planing Commission failed to ensure that the neighbors adjacent to the Gamble property were notified of Doug Longenecker's application for Special Use; one of many mistakes, not "the only mistake" as Lyle maintains.
7. Lyle and the Planning Commission did not schedule a public hearing to hear public discussion on the matter.
8. A less publicized action that occured at the same Planning Commission Special Meeting on 21 Oct 2009, which Lyle chaired was, Lyle and the Planning Commission changed the Zoning Ordinance without process. "Supervisor Scherrer brought attention to an ongoing problem with Chickens in residential neighborhoods. Roosters are crowing and crowing. He suggests no more than 4 chickens, but NO roosters allowed in residential area. Scherrer is to have a notice published in the paper regarding to the changes in the zoning to disallow Roosters on a small plot of land. Notice is to be set 1st or 2nd week of December. Motion by M/Atkinson, 2nd by Dancer, members in agreement publishing this zoning change. M/C."
9. Inasmuch as Lyle had a hand in writing the Hayes Township Zoning Ordinance and has been on the Planning Commission since 1988, he has no excuse for not following the Ordinance. He is very familiar with the ordinance. Lyle knowingly set aside the Ordinance to serve an agenda.
10. All of Lyle's public statements seem to imply that the Hayes Township Master Plan trumps the Zoning Ordinance. Lyle fails to grasp that the Master Plan is the guideline, the foundation upon which the Zoning Ordinance is laid, and the Zoning Ordinance carries the weight of the law, and is the law. It is unacceptable that someone who has helped to write both documents fails to understand the relationship between the two documents. It is also unacceptable that someone who wields as much power and influence as Lyle does in his fifteen year tenure as both the Chair of the Planning Commission and until recently the Chair of the Zoning Board of Appeals fails to grasp this.
11. As the Chairman of the Planning Commission, at the public hearing on 12 May 2010, Lyle suppressed the free speech of my family when he refused to read our letters, which all touched on different aspects of the situation related to Doug Longenecker's Special Use Application. Research and time went into those letters. Every other letter received by the Township was read, but those. Contrary to his assurance that those letters would be "read into the record" that did not happen. There was no record to read them into. The minutes from that meeting were a joke, (handwritten and incomplete), especially when Lyle and Mr. Dreyer went to great lengths and a big deal to introduce a supposed court recorder who had been hired to take those minutes. There is no record of anything. This was an abuse of power.
12. Lyle and the Planning Commission cherry picked certain clauses in both the Hayes Township Master Plan and the Hayes Township Zoning Ordinance, pulling them out of context in order to justify and support the outcome they wanted, and failed to consider the Master Plan and Zoning Ordinance as a whole in considering Doug Longenecker's Application for Special Use and Site Plan. Lyle himself has maintained that like Bible verses, you cannot pull things out of context, yet that is just what Lyle and the Planning Commission did to justify the approval of the Special Use and Site Plan. He found the one point that supports the decision while ignoring the many other points that do not support the decision.
13. Lyle stated in the minutes of the Special meeting of the Hayes Township Planning Commission on 17 May 2010 that "there was no illegal meeting in October, it was a regularly scheduled meeting date and was posted in the Clare County Cleaver as always." The meeting on 21 October 2009 was a Special Meeting according to the minutes of the meeting. I sat in the public library for several days poring over 3 years' worth of Clare County Cleaver newspaper archives and the only Planning Commission meetings that have been published in the Cleaver are the ones that have taken place this year since the Moto Mania issue came to light. No regular meetings have been announced in the Cleaver in the last 3 years. That particular meeting was not announced. "As always," if the general public wants to know when the Planning Commission meets, they have to call the Township offices to find out because notice is not published in the Cleaver, or on the Hayes Township website.
14. While Lyle maintains that "we did not change the zoning" on Mostetler Road, he is right. The process was not for a zoning change, but the effect of the resolution is the same as if they had changed the Zoning. After 22 years of experience, Lyle knows well how to effectively change the zoning without changing the zoning. He helped write the law, he knows how to get around the law.
Lyle's missteps as the Chair of the Planning Commission amount to incompetence, neglect, malfeasance abuse of power, hubris and misconduct while in office.
Lyle and the Planning Commission by their actions are the architects of the acrimony and ill will around Harrison.
Lyle and the Planning Commission have failed to protect the interests and property values of a whole group of taxpaying landowners who have invested years' worth of time, energy and life savings in their property. They are already taxed without representation, and pay more in taxes than year round residents. This abuse makes it worse.
Lyle's missteps as the Chair of the Planning Commission have already cost Hayes Township tens of thousands of dollars in legal fees to all sides of the Moto Mania Issue. Before this is over it will cost thousands more. How much more of Lyle's leadership can Hayes Township afford?
Lyle Criscuolo is more of a liability than an asset to Hayes Township. The Board of trustees should ask for his resignation or take the necessary steps to remove him from both the Planning Commission and the Zoning Board of Appeals.
The following list of Lyle's abuses should help John Scherrer figure out what the written charges should look like. He was at a loss when I was in his office the other day. This should be an agenda item at next week's Board of Trustees meeting as a first step in the process to remove Lyle from all boards. (John, the Board of Trustees needs to have charges written out and schedule a public hearing. I have given you plenty to work with.)
1. As the Chair of the Planning Commission, Lyle and the Planning Commission did not follow [proper procedure as prescribed in] the Hayes Township Zoning Ordinance in considering the paperwork that Doug Longenecker provided. (Dreyer Letter, dated 12 Mar 2010, Page 2).
2. Lyle chaired the Special Meeting of the Planning Commission in which the Planning Commission passed a resolution which did not meet the requirements of the Hayes Township Zoning Ordinance, and was therefore an invalid resolution. (Dreyer Letter, dated 12 March 2010, Page 2).
3. These missteps by the Planning Commission under Lyle's Chairmanship caused the Hayes Township Attorney to get involved and advise the Board of Trustees to require the Planning Commission to revisit the entire issue. (Dreyer Letter dated 12 Mar 2010, Page 2).
4. Lyle and the Planning Commission considered a deficient site plan at the Special Meeting on 21 Oct 2009. Any lay person could have seen that the site plan was deficient upon looking at it. Unless Lyle didn't bother to look at it, he had to notice it.
5. Lyle and the Planning Commission considered an incomplete Application for Special Use at the Special Meeting on 21 Oct 2009. I have seen the original application. Anyone looking at it could tell it was incomplete. Surely Lyle knew it was incomplete the minute he saw it.
6. Lyle and the Planing Commission failed to ensure that the neighbors adjacent to the Gamble property were notified of Doug Longenecker's application for Special Use; one of many mistakes, not "the only mistake" as Lyle maintains.
7. Lyle and the Planning Commission did not schedule a public hearing to hear public discussion on the matter.
8. A less publicized action that occured at the same Planning Commission Special Meeting on 21 Oct 2009, which Lyle chaired was, Lyle and the Planning Commission changed the Zoning Ordinance without process. "Supervisor Scherrer brought attention to an ongoing problem with Chickens in residential neighborhoods. Roosters are crowing and crowing. He suggests no more than 4 chickens, but NO roosters allowed in residential area. Scherrer is to have a notice published in the paper regarding to the changes in the zoning to disallow Roosters on a small plot of land. Notice is to be set 1st or 2nd week of December. Motion by M/Atkinson, 2nd by Dancer, members in agreement publishing this zoning change. M/C."
9. Inasmuch as Lyle had a hand in writing the Hayes Township Zoning Ordinance and has been on the Planning Commission since 1988, he has no excuse for not following the Ordinance. He is very familiar with the ordinance. Lyle knowingly set aside the Ordinance to serve an agenda.
10. All of Lyle's public statements seem to imply that the Hayes Township Master Plan trumps the Zoning Ordinance. Lyle fails to grasp that the Master Plan is the guideline, the foundation upon which the Zoning Ordinance is laid, and the Zoning Ordinance carries the weight of the law, and is the law. It is unacceptable that someone who has helped to write both documents fails to understand the relationship between the two documents. It is also unacceptable that someone who wields as much power and influence as Lyle does in his fifteen year tenure as both the Chair of the Planning Commission and until recently the Chair of the Zoning Board of Appeals fails to grasp this.
11. As the Chairman of the Planning Commission, at the public hearing on 12 May 2010, Lyle suppressed the free speech of my family when he refused to read our letters, which all touched on different aspects of the situation related to Doug Longenecker's Special Use Application. Research and time went into those letters. Every other letter received by the Township was read, but those. Contrary to his assurance that those letters would be "read into the record" that did not happen. There was no record to read them into. The minutes from that meeting were a joke, (handwritten and incomplete), especially when Lyle and Mr. Dreyer went to great lengths and a big deal to introduce a supposed court recorder who had been hired to take those minutes. There is no record of anything. This was an abuse of power.
12. Lyle and the Planning Commission cherry picked certain clauses in both the Hayes Township Master Plan and the Hayes Township Zoning Ordinance, pulling them out of context in order to justify and support the outcome they wanted, and failed to consider the Master Plan and Zoning Ordinance as a whole in considering Doug Longenecker's Application for Special Use and Site Plan. Lyle himself has maintained that like Bible verses, you cannot pull things out of context, yet that is just what Lyle and the Planning Commission did to justify the approval of the Special Use and Site Plan. He found the one point that supports the decision while ignoring the many other points that do not support the decision.
13. Lyle stated in the minutes of the Special meeting of the Hayes Township Planning Commission on 17 May 2010 that "there was no illegal meeting in October, it was a regularly scheduled meeting date and was posted in the Clare County Cleaver as always." The meeting on 21 October 2009 was a Special Meeting according to the minutes of the meeting. I sat in the public library for several days poring over 3 years' worth of Clare County Cleaver newspaper archives and the only Planning Commission meetings that have been published in the Cleaver are the ones that have taken place this year since the Moto Mania issue came to light. No regular meetings have been announced in the Cleaver in the last 3 years. That particular meeting was not announced. "As always," if the general public wants to know when the Planning Commission meets, they have to call the Township offices to find out because notice is not published in the Cleaver, or on the Hayes Township website.
14. While Lyle maintains that "we did not change the zoning" on Mostetler Road, he is right. The process was not for a zoning change, but the effect of the resolution is the same as if they had changed the Zoning. After 22 years of experience, Lyle knows well how to effectively change the zoning without changing the zoning. He helped write the law, he knows how to get around the law.
Lyle's missteps as the Chair of the Planning Commission amount to incompetence, neglect, malfeasance abuse of power, hubris and misconduct while in office.
Lyle and the Planning Commission by their actions are the architects of the acrimony and ill will around Harrison.
Lyle and the Planning Commission have failed to protect the interests and property values of a whole group of taxpaying landowners who have invested years' worth of time, energy and life savings in their property. They are already taxed without representation, and pay more in taxes than year round residents. This abuse makes it worse.
Lyle's missteps as the Chair of the Planning Commission have already cost Hayes Township tens of thousands of dollars in legal fees to all sides of the Moto Mania Issue. Before this is over it will cost thousands more. How much more of Lyle's leadership can Hayes Township afford?
Lyle Criscuolo is more of a liability than an asset to Hayes Township. The Board of trustees should ask for his resignation or take the necessary steps to remove him from both the Planning Commission and the Zoning Board of Appeals.
Saturday, November 13, 2010
The Consequences (Or Lack Thereof) of Violating a Stay, Part 3
I realize that the events of the 9 Nov 2010 would seem to make this series moot, but it is useful in highlighting violations left unaddressed and the inaction on the part of Hayes Township with regard to the violations committed by Doug Longenecker.
There is very little in the Hayes Township Zoning Ordinance that addresses violations and penalties and consequences of violating the Ordinance and stays imposed by the Ordinance, and what there is consists of a lot of legalese and doublespeak. But I will try to muddle through this.
Today I will look at Pages 79-80, Article XVI Administration and Enforcement, Sections 1609-1612.
Page 79, Section 1609 Violations and Penalty, Paragraph 1. Violations: Use of land, buildings, structures and recreational vehicles in violation of any provision of this Ordinance are hereby declared to be a nuisance per se.
Doug Longenecker's violations of the Ordinance cited in the first two parts of this series of posts are, each individual occurrence, a nuisance per se. The ongoing development of the Gamble-Longenecker property on Mostetler Road was an ongoing nuisance per se by virtue of the fact that it violated the stay on the property that was put in place when the first appeal was filed to the Zoning Board of Appeals. The violation of the stay was a violation of a provision of the Ordinance. In addition to those violations, the Polaris WOTT event that was held on 30 Aug 2010 was a violation of the stay on the property and was declared so by Judge Mienk at the 20 Oct 2010 court date. The Polaris Event was a nuisance per se.
Page 79, Section 1609, Violations and Penalty, Paragraph 2. Penalties: "Any person, corporation or firm who violates, disobeys, omits, neglects or refuses to comply with any provisions of this Ordinance or any permit, license or exception granted hereunder, or any lawful order of the Township Zoning Administrator, Zoning Board of Appeals, Planning Commission or the Township Board issued in pursuance of this Ordinance shall be guilty of a misdemeanor."
Doug Longenecker has violated, disobeyed or refused to comply with the restrictions placed upon him by the Special Use granted to him by the Planning Commission by deviating from his site plan (setting aside and working on a BMX area) without prior approval of the Hayes Township Zoning Administrator (then Jim VanWormer). He is guilty of a misdemeanor.
Any person who worked on the BMX area on the Gamble-Longenecker property on Mostetler Road is also guilty of a misdemeanor under this section of the Hayes Township Zoning Ordinance.
Doug Longenecker has violated a provision of the Ordinance in that he violated the stay that went on the Gamble-Longenecker property when the first appeal was filed with the Zoning Board of Appeals. He continued to develop the Gamble-Longenecker property on Mostetler Road after the stay went on the property. He is guilty of a misdemeanor.
Any person who helped with the development of Michigan Moto Mania on the Gamble-Longenecker property on Mostetler Road (picking up sticks and rocks, running bulldozers and other such equipment, etc.) while the stay was in force is also guilty of a misdemeanor.
Doug Longenecker has violated the stay that was in force on the Gamble-Longenecker property when he scheduled and allowed the Polaris WOTT event on the property on 30 Aug 2010. He is guilty of a misdemeanor.
Polaris is a corporation that violated the stay that was in force on the Gamble-Longenecker property on Mostetler Road when they sponsored the Polaris WOTT event on the property on 30 Aug 2010. Polaris is guilty of a misdemeanor.
Planning Commission members Ron Malone and Don Atkinson have violated the stay that was in force on the Gamble-Longenecker property on Mostetler Road when they participated in the Polaris WOTT event on the property. They are guilty of a misdemeanor. (In my opinion, that is grounds for their removal from the Planning Commission as well. The violation was willful.)
Any individual who participated in the Polaris WOTT event violated the stay that was in force on the Gamble-Longenecker property on Mostetler Road when they participated in the event. They are guilty of a misdemeanor.
"Upon conviction thereof, before any court having jurisdiction , he or she shall be punishable by a fine not to exceed five hundred (500) dollars or by imprisonment not to exceed ninety (90) days, or both, at the discretion of the court."
Judge Mienk has already determined that the Polaris WOTT event was a violation of the stay that was in force on the Gamble-Longenecker property on Mostetler Road. It is fortunate for Doug, Polaris, Don Atkinson, Ron Malone and everyone else who participated that none of them were on trial for the misdemeanor they all committed. The Hayes Township coffers would be about $15,000. richer from that day alone.
As for the other violations, they could have been expensive for everyone who violated the stay as well. I guess it's a good thing that Hayes Township does not enforce violations of the Zoning Odinance, or everyone's wallet would be a whole lot lighter.
"Each day during which a violation continues shall be deemed a separate offense."
Wow! Wouldn't that be a hefty payday for Hayes Township at Doug's expense!
$500. for the deviation of the site plan.
$500. X (let's be stingy and say only a week of violations working on the BMX area.) 7 = $3500.
$500. X a single week of continued development during the stay = $3500.
$500. for Polaris WOTT event
That's just a drop in the bucket of what it could potentially be $8000. and probably more like $7500./week - and that's just Doug alone.
Shall I figure out the potential jail time? That's
90 days + 490 days +490 days +90 days = 1160 days, or just short of 3 years and 2 months.
It's a good thing Hayes Township is so forgiving.
"The imposition of any sentence shall not exempt and offender for noncompliance with the provisions of this Ordinance. The foregoing penalties shall (will) not prohibit the Township from seeking injunctive relief against a violator or such other appropriate relief as may be provided by law."
Pages 79-80, Section 1610 Public Nuisance Per Se: "Any material violation of this Ordinance is considered a public nuisance per se. Any building or structure which is erected, altered, or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this chapter and in violation of any of the provisions of this chapter, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction."
Doug Longenecker's violations of the Ordinance cited in the first two parts of this series of posts are, each invidual occurrence, a nuisance per se. The ongoing development of the Gamble-Longenecker property on Mostetler Road was an ongoing nuisance per se by virtue of the fact that it violated the stay on the property that was put in place when the first appeal was filed to the Zoning Board of Appeals. The violation of the stay was a violation of a provision of the Ordinance. In addition to those violations, the Polaris event that was held on 30 Aug 2010 was a violation of the stay on the property and was declared so by Judge Mienk at the 20 Oct 2010 court date. The Polaris Event was a nuisance per se.
If the Township fails to take measures to deal with these nuisances per se, they can be dealt with in court. If I am not mistaken, Judge Mienk indicated that there were supposed to be consequences of the nuisances per se that have already taken place.
The Zoning Board Of Appeals has overturned the Special Use, but that is separate from the consequences attached to the nuisance per se infractions. Those have yet to be dealt with by the Township. There should be no chance of any resurrection of Michigan Moto Mania. If the Township does not take care of it, perhaps Judge Mienk will.
Section 1611 Fines and Imprisonment, Paragraph 1: "The owner of any building, structure or premises, or part thereof, where any condition in violation of this chapter shall exist or shall be created and who has assisted knowingly in the commission of such violation shall be guilty of a separate offense and, upon conviction, shall be liable to the fines and imprisonment as established by this Township Ordinance and enforced by the courts of law."
Don Atkinson and Ron Malone knowingly assisted Doug Longenecker in the commission of the violation of the stay on the Gamble-Longenecker property when they participated in the Polaris WOTT event. As a minimum, they are both guilty of misconduct while in office, and they deserve to be fired from the Planning Commission, but if this case is ultimately heard by Judge Mienk, they could be held liable to the fines and imprisonment as established by the Hayes Township Zoning Ordinance. That could potentially be either $500. or 90 days each.
Paragraph 2: "A separate offense shall be deemed committed upon each day during or when a violation occurs or continues."
The Polaris trucks were at the Gamble-Longenecker property on Mostetler Road for 2 days.
Section 1612 Rights and Remedies are Cumulative: "The rights and remedies provided in this article are cumulative and in addition to any other remedies provided by law."
I have no comment to add to this point.
Summary:
No one reading this seriously expects that Hayes Township will, all of a sudden, start enforcing their own ordinance for all of the violations committed by Doug Longenecker, the Moto Mania supporters who have participated in the violations or the various members of boards named or unnamed who have committed single or ongoing violations of the Zoning Ordinance. They have not done so up to this point, I have no reason to believe that they will start any time soon. For that, all of the offenders should be thankful. They are all in contempt of the Ordinance, and some of the violations have been blatant.
There are no real consequences for violating a stay in Hayes Township, and the Zoning Ordinance unenforced is not worth the paper it is printed on.
There is very little in the Hayes Township Zoning Ordinance that addresses violations and penalties and consequences of violating the Ordinance and stays imposed by the Ordinance, and what there is consists of a lot of legalese and doublespeak. But I will try to muddle through this.
Today I will look at Pages 79-80, Article XVI Administration and Enforcement, Sections 1609-1612.
Page 79, Section 1609 Violations and Penalty, Paragraph 1. Violations: Use of land, buildings, structures and recreational vehicles in violation of any provision of this Ordinance are hereby declared to be a nuisance per se.
Doug Longenecker's violations of the Ordinance cited in the first two parts of this series of posts are, each individual occurrence, a nuisance per se. The ongoing development of the Gamble-Longenecker property on Mostetler Road was an ongoing nuisance per se by virtue of the fact that it violated the stay on the property that was put in place when the first appeal was filed to the Zoning Board of Appeals. The violation of the stay was a violation of a provision of the Ordinance. In addition to those violations, the Polaris WOTT event that was held on 30 Aug 2010 was a violation of the stay on the property and was declared so by Judge Mienk at the 20 Oct 2010 court date. The Polaris Event was a nuisance per se.
Page 79, Section 1609, Violations and Penalty, Paragraph 2. Penalties: "Any person, corporation or firm who violates, disobeys, omits, neglects or refuses to comply with any provisions of this Ordinance or any permit, license or exception granted hereunder, or any lawful order of the Township Zoning Administrator, Zoning Board of Appeals, Planning Commission or the Township Board issued in pursuance of this Ordinance shall be guilty of a misdemeanor."
Doug Longenecker has violated, disobeyed or refused to comply with the restrictions placed upon him by the Special Use granted to him by the Planning Commission by deviating from his site plan (setting aside and working on a BMX area) without prior approval of the Hayes Township Zoning Administrator (then Jim VanWormer). He is guilty of a misdemeanor.
Any person who worked on the BMX area on the Gamble-Longenecker property on Mostetler Road is also guilty of a misdemeanor under this section of the Hayes Township Zoning Ordinance.
Doug Longenecker has violated a provision of the Ordinance in that he violated the stay that went on the Gamble-Longenecker property when the first appeal was filed with the Zoning Board of Appeals. He continued to develop the Gamble-Longenecker property on Mostetler Road after the stay went on the property. He is guilty of a misdemeanor.
Any person who helped with the development of Michigan Moto Mania on the Gamble-Longenecker property on Mostetler Road (picking up sticks and rocks, running bulldozers and other such equipment, etc.) while the stay was in force is also guilty of a misdemeanor.
Doug Longenecker has violated the stay that was in force on the Gamble-Longenecker property when he scheduled and allowed the Polaris WOTT event on the property on 30 Aug 2010. He is guilty of a misdemeanor.
Polaris is a corporation that violated the stay that was in force on the Gamble-Longenecker property on Mostetler Road when they sponsored the Polaris WOTT event on the property on 30 Aug 2010. Polaris is guilty of a misdemeanor.
Planning Commission members Ron Malone and Don Atkinson have violated the stay that was in force on the Gamble-Longenecker property on Mostetler Road when they participated in the Polaris WOTT event on the property. They are guilty of a misdemeanor. (In my opinion, that is grounds for their removal from the Planning Commission as well. The violation was willful.)
Any individual who participated in the Polaris WOTT event violated the stay that was in force on the Gamble-Longenecker property on Mostetler Road when they participated in the event. They are guilty of a misdemeanor.
"Upon conviction thereof, before any court having jurisdiction , he or she shall be punishable by a fine not to exceed five hundred (500) dollars or by imprisonment not to exceed ninety (90) days, or both, at the discretion of the court."
Judge Mienk has already determined that the Polaris WOTT event was a violation of the stay that was in force on the Gamble-Longenecker property on Mostetler Road. It is fortunate for Doug, Polaris, Don Atkinson, Ron Malone and everyone else who participated that none of them were on trial for the misdemeanor they all committed. The Hayes Township coffers would be about $15,000. richer from that day alone.
As for the other violations, they could have been expensive for everyone who violated the stay as well. I guess it's a good thing that Hayes Township does not enforce violations of the Zoning Odinance, or everyone's wallet would be a whole lot lighter.
"Each day during which a violation continues shall be deemed a separate offense."
Wow! Wouldn't that be a hefty payday for Hayes Township at Doug's expense!
$500. for the deviation of the site plan.
$500. X (let's be stingy and say only a week of violations working on the BMX area.) 7 = $3500.
$500. X a single week of continued development during the stay = $3500.
$500. for Polaris WOTT event
That's just a drop in the bucket of what it could potentially be $8000. and probably more like $7500./week - and that's just Doug alone.
Shall I figure out the potential jail time? That's
90 days + 490 days +490 days +90 days = 1160 days, or just short of 3 years and 2 months.
It's a good thing Hayes Township is so forgiving.
"The imposition of any sentence shall not exempt and offender for noncompliance with the provisions of this Ordinance. The foregoing penalties shall (will) not prohibit the Township from seeking injunctive relief against a violator or such other appropriate relief as may be provided by law."
Pages 79-80, Section 1610 Public Nuisance Per Se: "Any material violation of this Ordinance is considered a public nuisance per se. Any building or structure which is erected, altered, or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this chapter and in violation of any of the provisions of this chapter, is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction."
Doug Longenecker's violations of the Ordinance cited in the first two parts of this series of posts are, each invidual occurrence, a nuisance per se. The ongoing development of the Gamble-Longenecker property on Mostetler Road was an ongoing nuisance per se by virtue of the fact that it violated the stay on the property that was put in place when the first appeal was filed to the Zoning Board of Appeals. The violation of the stay was a violation of a provision of the Ordinance. In addition to those violations, the Polaris event that was held on 30 Aug 2010 was a violation of the stay on the property and was declared so by Judge Mienk at the 20 Oct 2010 court date. The Polaris Event was a nuisance per se.
If the Township fails to take measures to deal with these nuisances per se, they can be dealt with in court. If I am not mistaken, Judge Mienk indicated that there were supposed to be consequences of the nuisances per se that have already taken place.
The Zoning Board Of Appeals has overturned the Special Use, but that is separate from the consequences attached to the nuisance per se infractions. Those have yet to be dealt with by the Township. There should be no chance of any resurrection of Michigan Moto Mania. If the Township does not take care of it, perhaps Judge Mienk will.
Section 1611 Fines and Imprisonment, Paragraph 1: "The owner of any building, structure or premises, or part thereof, where any condition in violation of this chapter shall exist or shall be created and who has assisted knowingly in the commission of such violation shall be guilty of a separate offense and, upon conviction, shall be liable to the fines and imprisonment as established by this Township Ordinance and enforced by the courts of law."
Don Atkinson and Ron Malone knowingly assisted Doug Longenecker in the commission of the violation of the stay on the Gamble-Longenecker property when they participated in the Polaris WOTT event. As a minimum, they are both guilty of misconduct while in office, and they deserve to be fired from the Planning Commission, but if this case is ultimately heard by Judge Mienk, they could be held liable to the fines and imprisonment as established by the Hayes Township Zoning Ordinance. That could potentially be either $500. or 90 days each.
Paragraph 2: "A separate offense shall be deemed committed upon each day during or when a violation occurs or continues."
The Polaris trucks were at the Gamble-Longenecker property on Mostetler Road for 2 days.
Section 1612 Rights and Remedies are Cumulative: "The rights and remedies provided in this article are cumulative and in addition to any other remedies provided by law."
I have no comment to add to this point.
Summary:
No one reading this seriously expects that Hayes Township will, all of a sudden, start enforcing their own ordinance for all of the violations committed by Doug Longenecker, the Moto Mania supporters who have participated in the violations or the various members of boards named or unnamed who have committed single or ongoing violations of the Zoning Ordinance. They have not done so up to this point, I have no reason to believe that they will start any time soon. For that, all of the offenders should be thankful. They are all in contempt of the Ordinance, and some of the violations have been blatant.
There are no real consequences for violating a stay in Hayes Township, and the Zoning Ordinance unenforced is not worth the paper it is printed on.
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