Since I cannot comment directly to your post on the Michigan Moto Mania facebook page, I will comment here. I do wish you had commented on the post that offended you, but I understand that there is a moratorium among Moto Mania supporters against commenting on my blog.
I want to clarify to you, Diana, that I was not suggesting that Joe's vote had anything to do with you. What I was pointing out, and I'm sorry you missed the point, was that your situation with Joe, and Bob's situation with his significant other are exactly the same. I only used your quote to illustrate that point and to point out the double standard applied to Joe and Bob. Joe is on the "right" side of the issue because of his vote to uphold the Special Use on the Gamble-Longenecker property, and Bob is on the "wrong" side of the issue because of his vote to overturn the Special Use on the Gamble-Longenecker property.
What I was suggesting is that those conducting the witch hunt left Joe alone because they agreed with his vote, but they were all over Bob trying to find a reason to discredit him because they did not like the way he voted. Besides the unfounded rumor about his relationship to Ginnie Collins, they had also noted that he was hugging someone from the neighbors' side of the room. If they were trying to use his girlfriend to discredit him, then the same standard should apply to Joe. That is all. I was comparing apples to apples.
The rest of your quote I left in to illustrate and acknowledge that it is difficult to find volunteers for these appointments.
And by the way, for all of your claims to be neutral, your words and tone tend to give the impression that you favor Moto Mania. I have no problem with that. Support whomever you want.
Thursday, September 30, 2010
The Proposed Amendments to the Hayes Township Zoning Ordinance Section 1503
In anticipation of tomorrow's public hearing, let us examine the proposed amendments to the Hayes Township Zoning Ordinance as presented by Hayes Township Attorney Dreyer and voted on by the Planning Commission at the 13 Sep 2010 meeting.
Last post, I looked at Section 1502. This post, I will look at Section 1503.
I will analyze the proposed amendments. The proposed amendment's wording will be in italics, and the original wording will be in bold italics. The differences will be underlined. The analysis will be in plain text.
Last post, I looked at Section 1502. This post, I will look at Section 1503.
I will analyze the proposed amendments. The proposed amendment's wording will be in italics, and the original wording will be in bold italics. The differences will be underlined. The analysis will be in plain text.
Section 1503
Rules and Regulations
The Zoning Board of Appeals may adopt rules and regulations, copies of which shall be made available to the public at the Hayes Township Hall (office of the board).
I am assuming that the "Board" referenced throughout the proposed Amendment to Section 1503 is the Zoning Board of Appeals, but that should be specified and clarified throughout this section, lest it be used at a later time as a loophole because it wasn't specific enough, because this has been done by the Planning Commission already. (Doug Lonenecker's credentials as a welding engineer were accepted because a land engineer was not specified in the Zoning Ordinance regarding Site Plans and who is authorized to draw them up. Although what makes a welding engineer qualified to draw up a land Site Plan is questionable.) If the Board is the Zoning Board of Appeals, all references to it should be written out so as not to cause any confusion and for the sake of continuity throughout the document.
Copies of any newly adopted rules and regulations should also be made available on the Hayes Township website in a timely manner.
I am assuming that the "Board" referenced throughout the proposed Amendment to Section 1503 is the Zoning Board of Appeals, but that should be specified and clarified throughout this section, lest it be used at a later time as a loophole because it wasn't specific enough, because this has been done by the Planning Commission already. (Doug Lonenecker's credentials as a welding engineer were accepted because a land engineer was not specified in the Zoning Ordinance regarding Site Plans and who is authorized to draw them up. Although what makes a welding engineer qualified to draw up a land Site Plan is questionable.) If the Board is the Zoning Board of Appeals, all references to it should be written out so as not to cause any confusion and for the sake of continuity throughout the document.
Copies of any newly adopted rules and regulations should also be made available on the Hayes Township website in a timely manner.
1. Meetings of the Board shall be held within a reasonable time following the presentation of matters to the Board for its consideration and at such other times as the Board may determine. The time and place of meetings shall be specified by the Board in its rules and regulations.
"The time and place of meetings shall be specified by the Board in its rules and regulations." What exactly does that mean? The sentence makes no sense. Are there other "rules and regulations" governing this "Board" besides the Zoning Ordinance? Are there set times for the Zoning Board of Appeals to meet given in some other document? Like monthly or quarterly or as needed?
This sentence should be reworked to make more sense. "The time and place of meetings shall be specified as needed by the Zoning Board of Appeals and notice of Zoning Board of Appeals meetings and the matter(s) being appealed shall be published in the local newspapers and on the Hayes Township Website." That sentence is specific and makes more sense.
"The time and place of meetings shall be specified by the Board in its rules and regulations." What exactly does that mean? The sentence makes no sense. Are there other "rules and regulations" governing this "Board" besides the Zoning Ordinance? Are there set times for the Zoning Board of Appeals to meet given in some other document? Like monthly or quarterly or as needed?
This sentence should be reworked to make more sense. "The time and place of meetings shall be specified as needed by the Zoning Board of Appeals and notice of Zoning Board of Appeals meetings and the matter(s) being appealed shall be published in the local newspapers and on the Hayes Township Website." That sentence is specific and makes more sense.
2. The presence of four (4) (three (3)) regular members (out of five (5)) shall constitute a quorum. Once a quorum is established, (At all times), a majority vote of the regular and alternate members present (a minimum of three (3) concurring votes, the simple majority of the five (5) members), shall be sufficient (necessary) to pass any resolution including granting a variance, a special exception use request, or to reverse an administrative decision.
The word "regular" should be changed to the word "voting" members. Case in point: Lyle is a "regular" member of the Zoning Board of Appeals, but apparently lately he is not a "voting' member of the Zoning Board of Appeals because he has already voted on the Moto Mania issue as a member of the Planning Commission. Has Lyle in the past been casting votes on the Zoning Board of Appeals up until the scrutiny has come to bear on the inner workings of the Hayes Township boards? If so, Lyle has had two votes on every matter that has come before the Zoning Board of Appeals. What are the implication for decisions previously taken by the Zoning Board of Appeals?
Requiring the presence of an even number of voting members to establish a quorum sets up another potential deadlock among the members of the Zoning Board of Appeals. If there are to be 8 members of the Zoning Board of Appeals (7 plus an alternate,) then the quorum should be set at five (5) voting members. Requiring an odd number precludes potential deadlocks. Use the alternate to make the voting members an odd number. That way there will be a clear majority when a quorum is established. If 4 is a quorum, an even number, a 2-2 tie deadlocks. That does not solve anything and sets up the same kind of problem we have now.
The word sufficient replaced necessary.
The granting of a "special exception use request" is a new power granted to the Zoning Board of Appeals, and differs from the old language. What exactly is a "Special Exception Use Request"? How is it different from a "Special Use Request"? Is it a special use not listed under each of the zoning designations? Does this "Special Exemption Use" allow the Planning Commission or the Zoning Board of Appeals to make up new uses and make them allowable without changing the Zoning Ordinance whenever some new business wants to open in Hayes Township in an area not zoned for that specific use?
It is important to parse these words lest the Planning Commission and Zoning Board of Appeals use it for a loophole. Also if this new language creates a new class of "Special Use," then the glossary portion of the Zoning Ordinance should also be amended to reflect this new language and it's definition. If all that is meant by this new language is just a simple "Special Use" as it is currently defined in the Zoning Ordinance, then the word "exception" should be stricken form this paragraph. Again the language should be consistent throughout the document.
3. The Board shall keep minutes of its proceedings which shall record all of the following:
The word "regular" should be changed to the word "voting" members. Case in point: Lyle is a "regular" member of the Zoning Board of Appeals, but apparently lately he is not a "voting' member of the Zoning Board of Appeals because he has already voted on the Moto Mania issue as a member of the Planning Commission. Has Lyle in the past been casting votes on the Zoning Board of Appeals up until the scrutiny has come to bear on the inner workings of the Hayes Township boards? If so, Lyle has had two votes on every matter that has come before the Zoning Board of Appeals. What are the implication for decisions previously taken by the Zoning Board of Appeals?
Requiring the presence of an even number of voting members to establish a quorum sets up another potential deadlock among the members of the Zoning Board of Appeals. If there are to be 8 members of the Zoning Board of Appeals (7 plus an alternate,) then the quorum should be set at five (5) voting members. Requiring an odd number precludes potential deadlocks. Use the alternate to make the voting members an odd number. That way there will be a clear majority when a quorum is established. If 4 is a quorum, an even number, a 2-2 tie deadlocks. That does not solve anything and sets up the same kind of problem we have now.
The word sufficient replaced necessary.
The granting of a "special exception use request" is a new power granted to the Zoning Board of Appeals, and differs from the old language. What exactly is a "Special Exception Use Request"? How is it different from a "Special Use Request"? Is it a special use not listed under each of the zoning designations? Does this "Special Exemption Use" allow the Planning Commission or the Zoning Board of Appeals to make up new uses and make them allowable without changing the Zoning Ordinance whenever some new business wants to open in Hayes Township in an area not zoned for that specific use?
It is important to parse these words lest the Planning Commission and Zoning Board of Appeals use it for a loophole. Also if this new language creates a new class of "Special Use," then the glossary portion of the Zoning Ordinance should also be amended to reflect this new language and it's definition. If all that is meant by this new language is just a simple "Special Use" as it is currently defined in the Zoning Ordinance, then the word "exception" should be stricken form this paragraph. Again the language should be consistent throughout the document.
3. The Board shall keep minutes of its proceedings which shall record all of the following:
A. Any action or decision of the Board and the vote of each member.
B. The absence or failure of a member to vote.
C. Any other official action.
The language of part 3 has not changed.
But I would like to address the keeping of minutes. If the meeting in question is a public hearing, then the following should also be reflected in the minutes to make it a part of the public record.
A. The person who stood up to speak by name.
B. A short summary of his or her concerns regarding the action being discussed.
C. If letters are read "into the record," the name of the writer whose letter was read aloud.
D. A concise summary of the writer's concerns regarding the action being discussed.
This should apply to all minutes of every board in Hayes Township.
The approved minutes of every meeting of every Hayes Township Board should also be be published on the Hayes Township website for the general public's access. Transparency in government is a good thing.
Record keeping has been rather shoddy of late in Hayes Township. The minutes of the public hearing held by the Hayes Township Planning Commission on 12 May 2010 were a joke. The Planning Commission made a big show of introducing someone who was supposedly a court recorder to keep the minutes of the Public Hearing. She barely wrote anything down and had her head down on the table in front of her throughout most of the evening. As the evening wore on, Lyle decided that there were certain letters that were not going to be read at the hearing, thereby suppressing the writers' of those letters free speech in the matters discussed. The public was assured that those letters would be "read into the record." What record? There is no record. The minutes are sparsely written notes, taken by hand, and not formally typed up or approved as part of any public record. The legitimate concerns of all, on both sides of the issue, who took the time to write and stood up to speak were completely ignored. That is a failing on the part of the Planning Commission and of Hayes Township. The citizens of Hayes Township were lied to and free speech was suppressed. The shoddy minutes are but one illustration that the public hearing was nothing but the Planning Commission going through the motions to fulfill a perceived legal requirement because they got caught trying to sneak something through the back door.
4. All records shall be filed promptly in the office of the Township Clerk and shall be a public record.
The language of paragraph 4 has not changed.
The current Township Clerk is Kevin Breese.
Anything that is in the public record should be made available on the Hayes Township website.
The language of part 3 has not changed.
But I would like to address the keeping of minutes. If the meeting in question is a public hearing, then the following should also be reflected in the minutes to make it a part of the public record.
A. The person who stood up to speak by name.
B. A short summary of his or her concerns regarding the action being discussed.
C. If letters are read "into the record," the name of the writer whose letter was read aloud.
D. A concise summary of the writer's concerns regarding the action being discussed.
This should apply to all minutes of every board in Hayes Township.
The approved minutes of every meeting of every Hayes Township Board should also be be published on the Hayes Township website for the general public's access. Transparency in government is a good thing.
Record keeping has been rather shoddy of late in Hayes Township. The minutes of the public hearing held by the Hayes Township Planning Commission on 12 May 2010 were a joke. The Planning Commission made a big show of introducing someone who was supposedly a court recorder to keep the minutes of the Public Hearing. She barely wrote anything down and had her head down on the table in front of her throughout most of the evening. As the evening wore on, Lyle decided that there were certain letters that were not going to be read at the hearing, thereby suppressing the writers' of those letters free speech in the matters discussed. The public was assured that those letters would be "read into the record." What record? There is no record. The minutes are sparsely written notes, taken by hand, and not formally typed up or approved as part of any public record. The legitimate concerns of all, on both sides of the issue, who took the time to write and stood up to speak were completely ignored. That is a failing on the part of the Planning Commission and of Hayes Township. The citizens of Hayes Township were lied to and free speech was suppressed. The shoddy minutes are but one illustration that the public hearing was nothing but the Planning Commission going through the motions to fulfill a perceived legal requirement because they got caught trying to sneak something through the back door.
4. All records shall be filed promptly in the office of the Township Clerk and shall be a public record.
The language of paragraph 4 has not changed.
The current Township Clerk is Kevin Breese.
Anything that is in the public record should be made available on the Hayes Township website.
5. The Board may call on any other officers or Boards of the Township for assistance in the performance of its duties.
The language of paragraph 5 has not changed.
Inasmuch as paragraph 5 is the same, then this option is currently available to the Zoning Board of Appeals. Since the Zoning Board of Appeals already has the latitude to call upon any other officers or Boards of the Township for assistance in the performance of its duties, then the Zoning Board of Appeals can call upon the Hayes Township Board of Trustees to help them deal with their impasse and decide the matter. The Zoning Board of Appeals' current duty is to take a decision about the Special Use granted to the Gamble-Longenecker property on Mostetler Road. Since they are deadlocked, the Zoning Board of Appeals may, according to paragraph #5, call upon the Hayes Township Board of Trustees to vote to break the tie. That would assist the Zoning Board of Appeals in the performance of their duties. Why don't they do it? Lee Dancer should not vote because he has already voted as a member of the Planning Commission. Bob "Joe" Hale should not vote because he has already voted as a member of the Zoning Board of Appeals. But there is absolutely no reason why Chairman John Scherrer, Treasurer Elizabeth Wilson and Clerk Kevin Breese cannot vote and decide this issue for the Township and conclude this process. Let the chips fall where they may.
Has this solution not occurred to anyone on any of the elected or appointed Boards? Has it not occurred to Mr. Dreyer who authored this document? Changing the Zoning Ordinance seems to be the best solution Attorney Dreyer can come up with. This alternative is a simple solution and leaves the Township less open to litigation than changing the rules in the middle of this contentious issue before it is decided at the Township level.
I suspect that if anyone has thought of it, they'd rather not do it because the members of the Board of Trustees do not want to be responsible for the final decision in this debacle. No one on any Hayes Township board wants the responsibility because no matter how the Township government decides it, they will be unpopular with one side for doing the right and lawful thing, and unpopular with the other side for doing the popular, unlawful thing. Either way, they are going to make about half the citizens and taxpayers of Hayes Township angry. It was a slick trick trying to pass it to the judge to decide for them. He passed it back to them. They have made their bed. They must now lie in it.
The language of paragraph 5 has not changed.
Inasmuch as paragraph 5 is the same, then this option is currently available to the Zoning Board of Appeals. Since the Zoning Board of Appeals already has the latitude to call upon any other officers or Boards of the Township for assistance in the performance of its duties, then the Zoning Board of Appeals can call upon the Hayes Township Board of Trustees to help them deal with their impasse and decide the matter. The Zoning Board of Appeals' current duty is to take a decision about the Special Use granted to the Gamble-Longenecker property on Mostetler Road. Since they are deadlocked, the Zoning Board of Appeals may, according to paragraph #5, call upon the Hayes Township Board of Trustees to vote to break the tie. That would assist the Zoning Board of Appeals in the performance of their duties. Why don't they do it? Lee Dancer should not vote because he has already voted as a member of the Planning Commission. Bob "Joe" Hale should not vote because he has already voted as a member of the Zoning Board of Appeals. But there is absolutely no reason why Chairman John Scherrer, Treasurer Elizabeth Wilson and Clerk Kevin Breese cannot vote and decide this issue for the Township and conclude this process. Let the chips fall where they may.
Has this solution not occurred to anyone on any of the elected or appointed Boards? Has it not occurred to Mr. Dreyer who authored this document? Changing the Zoning Ordinance seems to be the best solution Attorney Dreyer can come up with. This alternative is a simple solution and leaves the Township less open to litigation than changing the rules in the middle of this contentious issue before it is decided at the Township level.
I suspect that if anyone has thought of it, they'd rather not do it because the members of the Board of Trustees do not want to be responsible for the final decision in this debacle. No one on any Hayes Township board wants the responsibility because no matter how the Township government decides it, they will be unpopular with one side for doing the right and lawful thing, and unpopular with the other side for doing the popular, unlawful thing. Either way, they are going to make about half the citizens and taxpayers of Hayes Township angry. It was a slick trick trying to pass it to the judge to decide for them. He passed it back to them. They have made their bed. They must now lie in it.
For a period of ninety (90) days following a decision by the Board, 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.
This language has not changed.
In summary, the Hayes Township Zoning Ordinance needs to be updated and revised. The entire document, and not just one section at a time, piecemeal. But not by these people who are currently embroiled in controversy. There should be a fresh committee appointed for this purpose, and not just a single, unelected lawyer who represents no one but the interests of his client. All members of the committee should come at this objectively at a time when there are no outstanding controversial zoning issues to be decided. The language should be consistent throughout the document. Perhaps the final document should wait until an updated version of the Clare County and Hayes Township Master Plans are revised based on the latest census, if there are updates to those documents in the works. The Master Plans are, after all, the foundation and guidance upon which the Zoning Ordinance is to be laid, if it is done properly.
Bottom Line: Now is not the time to change the Zoning Ordinance. This amendment as it is currently written can wait.
This language has not changed.
In summary, the Hayes Township Zoning Ordinance needs to be updated and revised. The entire document, and not just one section at a time, piecemeal. But not by these people who are currently embroiled in controversy. There should be a fresh committee appointed for this purpose, and not just a single, unelected lawyer who represents no one but the interests of his client. All members of the committee should come at this objectively at a time when there are no outstanding controversial zoning issues to be decided. The language should be consistent throughout the document. Perhaps the final document should wait until an updated version of the Clare County and Hayes Township Master Plans are revised based on the latest census, if there are updates to those documents in the works. The Master Plans are, after all, the foundation and guidance upon which the Zoning Ordinance is to be laid, if it is done properly.
Bottom Line: Now is not the time to change the Zoning Ordinance. This amendment as it is currently written can wait.
Wednesday, September 29, 2010
Resignation at Hayes Township
Jim VanWormer has resigned as the Zoning Administrator of Hayes Township.
The Proposed Amendments to the Hayes Township Zoning Ordinance Section 1502
In anticipation of Friday's public hearing, let us examine the Proposed amendments to the Hayes Township Zoning Ordinance as presented by Hayes Township Attorney Dreyer and voted on by the Planning Commission at the 13 Sep 2010 meeting.
Yesterday I looked at Section 1501. Today I will look at Section 1502.
I will analyze the proposed amendments. The proposed amendment's wording will be in italics, and the original wording will be in bold italics. The differences will be underlined. The analysis will be in plain text.
Yesterday I looked at Section 1501. Today I will look at Section 1502.
I will analyze the proposed amendments. The proposed amendment's wording will be in italics, and the original wording will be in bold italics. The differences will be underlined. The analysis will be in plain text.
Section 1502
Terms of Office
Terms shall be for three (3) years, except for members serving because of their membership on the Planning Commission or Township Board of Trustees, whose terms shall be limited to the time they are members of the Planning Commission or Township Board of Trustees, respectively, and the period stated in the resolution appointing them. When members are first appointed, the appointments may be for less than three (3) years to provide for staggered terms. A successor shall be appointed not more than one (1) month after the term for the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term. At the time this amendment to the Hayes Township Zoning Act becomes effective, all existing members shall be appointed for the balance of their term as already established. Any new members shall be appointed either to a three (3) year or may be appointed for less than a three (3) year term to provide for staggered terms. The alternate member shall be appointed to a three year term.
Very little has really changed in this paragraph, except the addition of an alternate to a three year term.
Is it the Zoning Act, or is it the Zoning Ordinance?
I think term limits should also be addressed. I don't think anyone should be allowed to serve more than 3 consecutive terms, or nine (9) years. I think part of the problem is we have several members who are firmly entrenched and have been for years. (According to an article in the Clare Sentinel, Planning Commission Overwhelmed by Opposition and Support for Off-road Park, by Rosemary Horvath, 21 May 2010, Lyle Criscuolo has been a Planning Commission member for 22 years and according to an article in the Clare County Review, Planners Say "Yes" to Moto Mania, 21 May 2010, Nola Hopkins has said that she has been on the Planning Commission for "around 20 years.")
Diana Jones posted the following on Michigan Moto Mania's facebook page on 15 Jul 2010, "My boyfriend is a Hayes Township Trustee. He is 71 years old and a great guy. He has been on the board since 1992. Nobody ever runs for offices. Before that he was on the Board of review for several years. And he goes to work at his car lot every day. He also is on the ZBA. Nobody wants those jobs. He does a great job. And he did vote for MMI last night."
Diana was talking about Bob "Joe" Hale.
According to the composition of the Planning Commission at the time the 2002 version of the Hayes Township Zoning Ordinance was adopted, Don Atkinson, Lee Dancer and Ron Malone have been on the Planning Commission at least since then. John Scherrer was on the Planning Commission back then, but now he's the Chair of the Hayes Township Board of Trustees, an elected position. Elizabeth Wilson was then and still is the Hayes Township Treasurer on the Board of Trustees. Lee Dancer and Robert Hale were then and still are members of the Board of Trustees. That, taken with Lyle's Chairmanship of both the Planning Commission and the Zoning Board of appeals for years, it's about time for a change and some term limits. I believe many will agree with me, even if they won't admit it.
According to the composition of the Planning Commission at the time the 2002 version of the Hayes Township Zoning Ordinance was adopted, Don Atkinson, Lee Dancer and Ron Malone have been on the Planning Commission at least since then. John Scherrer was on the Planning Commission back then, but now he's the Chair of the Hayes Township Board of Trustees, an elected position. Elizabeth Wilson was then and still is the Hayes Township Treasurer on the Board of Trustees. Lee Dancer and Robert Hale were then and still are members of the Board of Trustees. That, taken with Lyle's Chairmanship of both the Planning Commission and the Zoning Board of appeals for years, it's about time for a change and some term limits. I believe many will agree with me, even if they won't admit it.
I have heard members of the Township Board say that it is difficult to find people willing to sit on those boards, and that may well be the case, but I would suggest that there has been effort lacking in the search for new members when terms are up. Up until recently, announcements for anything of import in Hayes Township gets buried in the classified ads in the local paper(s) and there is no effort made to make them stand out to the reader. You almost have to know what you're looking for to find it, and it can be easily missed. The Hayes Township website makes no mention of any ongoing search for volunteers or even how to go about volunteering for appointed positions. If they really wanted new members to replace members whose terms are expiring, they would find expedient and efficient ways to find some new volunteers. In the past, I'm not so sure they really wanted new members. But I understand that all kinds of volunteers are coming out of the woodwork now. Unfortunately, they are too involved with one side or the other of the Moto Mania Zoning Issue to be able to serve effectively for this decision. The Township should consider them for other matters when this whole thing is settled. And they should make more and better effort to recruit new volunteers for appointed offices. Turnover is not a bad thing, but it makes it harder to push personal agendas.
Member of the Board of Appeals may be removed by the Township Board of Trustees for non-performance of duty or misconduct in office, upon written charges and after a public hearing. A member shall disqualify himself/herself from any vote in which he/she has a conflict of interest. Failure to do so shall constitute misconduct in office.
Nothing has changed in this section. However, once again, for the sake of consistency in the document, the board in question should always be called by the same name. I am assuming that this paragraph is talking about the Zoning Board of Appeals.
I think the same should apply to all boards appointed by the Township Board of Trustees, and not just the Zoning Board of Appeals.
There were several potential conflicts of interest among members of the Planning Commission that could have and may have come into play:
Two members of the Planning Commission are residents of Mostetler Road.
One member of the Planning Commission and his family has a membership at the same Motocross Club as the guy requesting a special use to open a motocross facility.
One member of the Planning Commission has a son who designs BMX courses and has been a professional BMX racer. BMX facilities are still very much on the table at Moto Mania.
One member of the Planning Commission is related to the real estate agent who showed Doug Longenecker the Gamble property on Mostetler Road and made the sale.
Regarding the Zoning Board of Appeals, after the first vote, there was a witch hunt carried out on Bob Johnson, and unfounded questions about his relationship to Ginnie Collins, just because he voted to overturn the Special Use on the Gamble-Longenecker property.
That witch hunt was instigated by Steve Rauch, Doug's self-appointed PR man who works for the Clare County Cleaver on his facebook page (17 Jun 2010 "Michigan Moto Mania will need our support again due to Bob Johnson in the hayes board of appeals. Is he related to the Johnson family trust that oppose MMM? If so, he needs to take himself outta this, it's not right!" and then on Jun 18 2010, "I have people researching this guy. if he is related its gonna hit the fan."), and the rumor about Mr. Johnson's relationship with Ginnie Collins was initiated by Robin Longenecker on the Michigan Moto Mania facebook page (Jun 18 2010 - "so who is Bob Johnson anyway? Neighbors relative...maybe?" also from Jun 18 2010 - "'Rumor' has it Bob Johnson is G Collins uncle or brother.")
Steve used all the resources available to him to look into it. It came to nothing because it was nothing but a rumor, but not before Mr. Johnson caught enough grief about his vote to feel the need to clarify and bring the witch hunt to light in letters to the editors of both the Cleaver (which didn't print it) and the Clare County Review, which did print it (9 Jul 2010). That, in turn brought a scathing letter from Moto Mania supporter Ralph Mogg, which the Cleaver did print (15 Jul 2010).
There was a double standard applied to Bob Johnson because he was seen hugging someone from among the Mostetler Road and Deer Lake neighbors, and he voted against upholding the Special Use on the Gamble-Longenecker property.
Robert "Joe" Hale's girlfriend openly supports Michigan Moto Mania and posts regularly on their facebook page in support. She was among the Moto Mania supporters. Where was the outcry and the accusations of a conflict of interest directed at Mr. Hale? Oh, that's right. There weren't any. He voted the "right" way. His vote was to uphold the Special Use on the Gamble-Longenecker property.
Richard Vedder, who voted at the 14 Jul 2010 Zoning Board of Appeals against upholding the Special Use on the Gamble-Longenecker property, as did Bob Johnson was not subjected to the same treatment Bob Johnson received from Steve Rauch and the rest of the Moto mania supporters. Why is that?
Certain Planning Commission members have been regularly seen openly socializing with Moto Mania supporters immediately following major meetings in Hayes Township. Not even a pretense of impartiality or professional distance is attempted. Certain Planning Commission members' personal support for Moto Mania is blatant.
I will end here with a final comment - For far too long, the same faces have held the same offices in Hayes Township, and they just keep switching appointed positions from board to board. Part of the problem is the elected leadership isn't looking too hard for replacements. And to a greater degree, there has been apathy on the part of the electors in Hayes Township. Nobody wants to volunteer for any of these appointments. Until new faces step up to do their civic duty, there will continue to be more of the same business as usual in Hayes Township. The local government will continue to be run by a small number of corrupt and entrenched officials. It's time to step up, people!
Next post: Section 1503.
Any mistakes in the quotations are as they appeared in the original source.
Tuesday, September 28, 2010
The Proposed Amendments to the Hayes Township Zoning Ordinance Section 1501
In anticipation of Friday's public hearing, let us examine the Proposed amendments to the Hayes Township Zoning Ordinance as presented by Hayes Township Attorney Dreyer and voted on by the Planning Commission at the 13 Sep 2010 meeting.
Since this meeting is a public hearing, there will be public comment, much to the chagrin of those who would silence people with whom they disagree. Who knows? maybe a decent and better idea will come out during the public comment portion of the meeting. Do I think that will happen? No, but one can hope.
This document seems to have been drawn up by Attorney Dreyer using the most recent version of the Hayes Township Zoning Ordinance (2002) made available to the public on the Hayes Township website as the basis. I'm not sure if this was the effort of Mr. Dreyer acting alone, or if unnamed others contributed to it. If Mr. Dreyer wrote it up alone, it must be nice to have that much say in Township matters as an unelected lawyer who happens to represent the Township's legal interests. As such it is only one man's opinion.
I'm still not clear if the Judge told him this was how to go about getting a definitive decision from the Zoning Board of Appeals or if this is the best way Mr. Dreyer can think of to come to a decision at all. My sense of the situation is, the judge doesn't want to see this case until the Zoning Board of Appeals does their job and takes a decision, and it's up to them do do it. Then he will do his job and pass judgement on the Township's handling of the whole Moto Mania/zoning situation. Let the system work (or not), and exhaust all appeals before involving the court. Perhaps Mr. Dreyer sent the neighbors to court prematurely.
It is unlikely that changing the rules in the middle of this debacle will result in an unbiased decision on the part of the Zoning Board of Appeals. This issue has so divided Hayes Township that the chances of finding anyone who doesn't have an opinion on it one way or another are slim to none.
Changing the rules is the latest attempt of the officials of Hayes Township to skirt the inevitable decision for which they will have to take responsibility. Passing the buck to the judge ended with him passing it right back and telling the Township officials to do their job. The Township officials allowed this situation to occur. It is of their own making. And they don't want to take responsibility for it.
Personally, I think the members of the Zoning Board of Appeals, including Lyle should be locked in a room like a jury and deliberate sequestered until they come up with a decision. Like a jury. And no, Lyle shouldn't be allowed to vote since he already has, but he should have to be there since he's a member of the Zoning Board of Appeals. In for a penny, in for a pound. Only unlike a jury, they only have to pass whatever decision they take by the requisite 3 votes. Sleep on cots at the Township offices and eat carry out food until they arrive at it. Man up and take some responsibility for the decision you need to take. Let the chips fall where they may. But that's just me.
The Township and their lawyer seem to want to complicate it further and open it up to all kinds of legal wrangling once it gets to court, not that there isn't already enough of that.
I will analyze the proposed amendments. The proposed amendment's wording will be in italics, and the original wording will be in bold italics. The differences will be underlined. The analysis will be in plain text.
The current Zoning Administrator is Jim VanWormer. It is his job to call the alternate when needed.
A. If a regular member will be unable to attend one or more meetings and notice is given by the regular member to the Hayes Township Zoning Administrator (verbally, in writing or by email) at least seven days prior to the date of the regular of special meeting.
I would suggest that notice should be given in writing or in email so there is a written and therefore verifiable record that the member will not be able to attend the meeting.
Also, does the alternate vote as a proxy for the absent member? Meaning is the alternate to vote the way the absent member instructs? Or does the alternate member vote the way he or she sees fit? This should be clarified in the amendment.
B. In the event the Hayes Township Zoning Administrator has notice that a member has abstained or will be required to abstain by reason of conflict of interest.
This point should be further clarified that the member with the conflict of interest should give written or email and therefore verifiable notice of the conflict of interest to the Zoning Administrator. And what the conflict is should also be a part of the record.
In this case, the alternate should vote his or her conscience.
Too bad there is no provision for a member of the the Planning Commission to reccuse him/herself from a particular vote in the case of a conflict of interest.
C. In the event that the regular or special meeting of the Hayes Township Zoning Board of Appeals is being called for the purpose of hearing an appeal from a decision of the Hayes Township Planning Commission. In the event of such an appeal, the member on the Hayes Township Zoning Board is also a member of the Hayes Township Planning Commission shall abstain from deliberating or voting on the appeal and instead, in regard to the appeal, the alternate member shall serve in regard to the appeal until a final decision is made by the Hayes Township Zoning Board of Appeals.
In plain terms, this means that since the Michigan Moto Mania resolution adopted by the Planning Commission is being appealed to the Zoning Board of appeals, if this amendment is adopted, then Lyle must abstain from deliberating or voting on the Michigan Moto Mania issue in the Zoning Board of Appeals. Which begs another question of why have a member of the Planning Commission on the Zoning Board of Appeals at all? Unless his sole purpose is to clarify why and how a decision taken by the Planning Commission was arrived at if asked. But the alternate would deliberate and vote (presumably his conscience) with regard to the appeal until the Zoning Board of Appeals takes it's decision.
In the past, I suspect that Lyle was acting as a full voting member of the Zoning Board of Appeals until the Moto Mania situation. If that is the case, then every vote he has ever cast as a member of the Zoning Board of appeals can be considered suspect since he has already cast his vote as a member of the Planning Commission. How likely is it that he would ever vote to reverse a decision he took at a Planning Commission meeting? That could open the door for appeals of past decisions made where Lyle was allowed to vote twice - once as a member of the Planning Commission and once again as a member of the Zoning Board of Appeals.
Does the zoning Board of Appeals ever meet for any other reason than to decide matters of appeal from the Planning Commission? If they do not meet for any other reason, then it should be stipulated that the Zoning Board of Appeals member who also sits on the Panning Commission is always a non-voting member, unless there are other circumstances under which he or she can vote. If there are no other circumstances, then I would suggest that there be an odd number of voting members and the Planning Commission member be a non-voting member.
(5) An employee (or contractor) of (the) Hayes Township may not serve as a member (or employee) of the Hayes Township Zoning Board of Appeals.A licensed building contractor may not serve as a member of the Hayes Township Zoning Board of Appeals.
All the language pertaining to contractors of any kind has been stricken from the amendment. As long as the understanding and meaning is that no one who is in the paid employ of Hayes Township may serve on the Hayes Township Zoning Board of Appeals, (so as to preclude a conflict of interest).
(6) Any member of the Hayes Township Zoning Boardof Appeals who is also a member of the Planning Commission or a (an elected) member of the Township Board shall not serve as Chairperson of the Hayes Township Zoning Board of Appeals.
This one appears to be aimed specifically at Lyle who has for the last decade or so been serving as the Chair of both the Planning Commission and the Zoning Board of Appeals.
I have been asking for months how one goes about getting that gig in Hayes Township. How is it that up until all of this scrutiny, this situation has been allowed to occur and continue? It only adds to the perception of incestuousness on the Hayes Township governing boards and the perception that a handful of people control everything in Hayes Township.
In my next post, I will look at Section 1502 and 1503.
Since this meeting is a public hearing, there will be public comment, much to the chagrin of those who would silence people with whom they disagree. Who knows? maybe a decent and better idea will come out during the public comment portion of the meeting. Do I think that will happen? No, but one can hope.
This document seems to have been drawn up by Attorney Dreyer using the most recent version of the Hayes Township Zoning Ordinance (2002) made available to the public on the Hayes Township website as the basis. I'm not sure if this was the effort of Mr. Dreyer acting alone, or if unnamed others contributed to it. If Mr. Dreyer wrote it up alone, it must be nice to have that much say in Township matters as an unelected lawyer who happens to represent the Township's legal interests. As such it is only one man's opinion.
I'm still not clear if the Judge told him this was how to go about getting a definitive decision from the Zoning Board of Appeals or if this is the best way Mr. Dreyer can think of to come to a decision at all. My sense of the situation is, the judge doesn't want to see this case until the Zoning Board of Appeals does their job and takes a decision, and it's up to them do do it. Then he will do his job and pass judgement on the Township's handling of the whole Moto Mania/zoning situation. Let the system work (or not), and exhaust all appeals before involving the court. Perhaps Mr. Dreyer sent the neighbors to court prematurely.
It is unlikely that changing the rules in the middle of this debacle will result in an unbiased decision on the part of the Zoning Board of Appeals. This issue has so divided Hayes Township that the chances of finding anyone who doesn't have an opinion on it one way or another are slim to none.
Changing the rules is the latest attempt of the officials of Hayes Township to skirt the inevitable decision for which they will have to take responsibility. Passing the buck to the judge ended with him passing it right back and telling the Township officials to do their job. The Township officials allowed this situation to occur. It is of their own making. And they don't want to take responsibility for it.
Personally, I think the members of the Zoning Board of Appeals, including Lyle should be locked in a room like a jury and deliberate sequestered until they come up with a decision. Like a jury. And no, Lyle shouldn't be allowed to vote since he already has, but he should have to be there since he's a member of the Zoning Board of Appeals. In for a penny, in for a pound. Only unlike a jury, they only have to pass whatever decision they take by the requisite 3 votes. Sleep on cots at the Township offices and eat carry out food until they arrive at it. Man up and take some responsibility for the decision you need to take. Let the chips fall where they may. But that's just me.
The Township and their lawyer seem to want to complicate it further and open it up to all kinds of legal wrangling once it gets to court, not that there isn't already enough of that.
I will analyze the proposed amendments. The proposed amendment's wording will be in italics, and the original wording will be in bold italics. The differences will be underlined. The analysis will be in plain text.
Section 1501
Board Membership
The Hayes Township Board of Appeals shall consist of seven (7) (five (5)) members and one (1) alternate member in accordance with the following requirements (recommendations)
In the original there were no alternates.
Membership has gone from 5 to 7. Certain members of the Township Board are balking because, "It's harder to get stuff done with more people." I would suggest that it's also harder to control the votes of more people.
Originally they were recommendations. Now they're requirements.
(1.) One member of the Zoning Board of Appeal (The first member) shall also be a member of the Hayes Township Planning Commission. The Hayes Township Board shall select the member of the Hayes Township Planning Commission who is appointed to the Hayes Township Board of Zoning Appeals.
I understand the reason for having a member of the Planning Commission on the Zoning Board of Appeals - let's be consistent with what we're calling the Board within the document. That way if there is any question as to how the Planning Commission arrived at a particular decision, they have a member of that board who was presumably, present at the meeting(s) in which the appealed decision was originally taken.
The original document did not address the process by which the representative from the Planning Commission was chosen. Which begs the question of why Lyle was the member chosen, and how was he chosen? Was he chosen because he is the Chair of the Planning Commission? Did the Planning Commission choose him? Did the Township board choose him? Did he volunteer? Was there some kind of process used to choose him? If so, what was it? I have more questions, but I'll ask them when those issues are addressed in the proposal.
Lyle Criscuolo is the Chair of the Planning Commission. He is also the Planning Commission member appointed to the Zoning Board of Appeals.
According to the new proposal, it is now the purview of the Township Board to choose a member of the Planning Commission to sit on the Zoning Board of Appeals. It probably was before, but now it is specified.
(2) One (1) member of the Hayes Township Zoning Board of Appeals may be a member of the Hayes Township Board. At the discretion of the Hayes Township Board, one Hayes Township Board member shall be appointed to the Hayes Township Planning Commission.
This is a permissive appointment to the Zoning Board of Appeals. There does not have to be a Township Board member but there may be one appointed to the Zoning Board of Appeals.
Robert Hale is the Township Board member who is also on the Zoning Board of Appeals.
This is a permissive appointment to the Planning Commission. There does not have to be a member of the Township Board on the Planning Commission, but there is one currently. This member is Lee Dancer.
There is currently nothing in the Hayes Township Zoning Ordinance until this proposed amendment that addresses the composition of the Planning Commission at all. This only touches on it. Perhaps it should be fully addressed.
(3) The remaining members of the Hayes Township Zoning Board of Appeals shall be selected from electors of (the) Hayes Township and appointed to their position by the Hayes Township Board.
This point looks like a further clarification of the way they have been appointing members to the Zoning Board of Appeals already.
(4) In addition to the seven regular members of the Hayes Township Zoning Board of Appeals, the Hayes Township Board shall appoint one (1) alternate member. The alternate member may be called by the Hayes Township Zoning Administrator and asked to serve as voting member of the Hayes Township Zoning Board of Appeals in any of the following events:
The current Zoning Administrator is Jim VanWormer. It is his job to call the alternate when needed.
A. If a regular member will be unable to attend one or more meetings and notice is given by the regular member to the Hayes Township Zoning Administrator (verbally, in writing or by email) at least seven days prior to the date of the regular of special meeting.
I would suggest that notice should be given in writing or in email so there is a written and therefore verifiable record that the member will not be able to attend the meeting.
Also, does the alternate vote as a proxy for the absent member? Meaning is the alternate to vote the way the absent member instructs? Or does the alternate member vote the way he or she sees fit? This should be clarified in the amendment.
B. In the event the Hayes Township Zoning Administrator has notice that a member has abstained or will be required to abstain by reason of conflict of interest.
This point should be further clarified that the member with the conflict of interest should give written or email and therefore verifiable notice of the conflict of interest to the Zoning Administrator. And what the conflict is should also be a part of the record.
In this case, the alternate should vote his or her conscience.
Too bad there is no provision for a member of the the Planning Commission to reccuse him/herself from a particular vote in the case of a conflict of interest.
C. In the event that the regular or special meeting of the Hayes Township Zoning Board of Appeals is being called for the purpose of hearing an appeal from a decision of the Hayes Township Planning Commission. In the event of such an appeal, the member on the Hayes Township Zoning Board is also a member of the Hayes Township Planning Commission shall abstain from deliberating or voting on the appeal and instead, in regard to the appeal, the alternate member shall serve in regard to the appeal until a final decision is made by the Hayes Township Zoning Board of Appeals.
In plain terms, this means that since the Michigan Moto Mania resolution adopted by the Planning Commission is being appealed to the Zoning Board of appeals, if this amendment is adopted, then Lyle must abstain from deliberating or voting on the Michigan Moto Mania issue in the Zoning Board of Appeals. Which begs another question of why have a member of the Planning Commission on the Zoning Board of Appeals at all? Unless his sole purpose is to clarify why and how a decision taken by the Planning Commission was arrived at if asked. But the alternate would deliberate and vote (presumably his conscience) with regard to the appeal until the Zoning Board of Appeals takes it's decision.
In the past, I suspect that Lyle was acting as a full voting member of the Zoning Board of Appeals until the Moto Mania situation. If that is the case, then every vote he has ever cast as a member of the Zoning Board of appeals can be considered suspect since he has already cast his vote as a member of the Planning Commission. How likely is it that he would ever vote to reverse a decision he took at a Planning Commission meeting? That could open the door for appeals of past decisions made where Lyle was allowed to vote twice - once as a member of the Planning Commission and once again as a member of the Zoning Board of Appeals.
Does the zoning Board of Appeals ever meet for any other reason than to decide matters of appeal from the Planning Commission? If they do not meet for any other reason, then it should be stipulated that the Zoning Board of Appeals member who also sits on the Panning Commission is always a non-voting member, unless there are other circumstances under which he or she can vote. If there are no other circumstances, then I would suggest that there be an odd number of voting members and the Planning Commission member be a non-voting member.
(5) An employee (or contractor) of (the) Hayes Township may not serve as a member (or employee) of the Hayes Township Zoning Board of Appeals.
All the language pertaining to contractors of any kind has been stricken from the amendment. As long as the understanding and meaning is that no one who is in the paid employ of Hayes Township may serve on the Hayes Township Zoning Board of Appeals, (so as to preclude a conflict of interest).
(6) Any member of the Hayes Township Zoning Boardof Appeals who is also a member of the Planning Commission or a (an elected) member of the Township Board shall not serve as Chairperson of the Hayes Township Zoning Board of Appeals.
This one appears to be aimed specifically at Lyle who has for the last decade or so been serving as the Chair of both the Planning Commission and the Zoning Board of Appeals.
I have been asking for months how one goes about getting that gig in Hayes Township. How is it that up until all of this scrutiny, this situation has been allowed to occur and continue? It only adds to the perception of incestuousness on the Hayes Township governing boards and the perception that a handful of people control everything in Hayes Township.
In my next post, I will look at Section 1502 and 1503.
Thursday, September 23, 2010
Hayes Township Resolution Compliance With the Hayes Township Master Plan , Part 2
In today's installment, I will examine the Community Goals and Objectives section of the Hayes Township Master Plan, and comparing it with the minutes of the Hayes Township Planning Commission Special Meeting, dated May 17, 2010, which lays out in detail the decision made by the Planning commission, and restrictions to be applied to the Special Use assigned to the Gamble-Longenecker property on Mostetler Road.
Unless otherwise specified, page numbers refer to the Hayes Township Master Plan as found on the Hayes Township Website.
Page 36: Section 4.1: The Introduction to Community Goals and Objectives: “They (goals and objectives) must reflect the type of community desired by its citizens, given realistic economic and social limitations."
Why do the goals and objectives of some of Hayes Township’s citizens supersede the goals and objectives of others?
Why do the goals and objectives of the citizens of Hayes Township who do not live or pay taxes on Mostetler Road or Deer Lake property supersede those citizens of Hayes Township who do reside and pay taxes on property there?
Why do the goals and objectives of those citizens of Hayes Township whose lives and property are not affected by the decision to allow the Special Use on the Gamble-Longenecker property supersede the goals and objectives of the Hayes Township citizens whose lives and property are directly affected by it?
Do our goals and objectives and opinions carry no weight?
Put a motocross/ORV racing and riding business next to the homes and properties of those who want it so badly.
All of the property owners on Mostetler Road and Deer Lake had goals and objectives with regard to the land they purchased. Many of them purchased acreage adjacent to State Land to minimize the chance that there would be any development near their property. Many had retirement goals and objectives that included enjoying the peaceful wooded areas, hunting and fishing. They live surrounded by acreage because they wanted to live or retire away from the urban environment that development brings. Many citizens’ goals and objectives have been thwarted by the Hayes Township Planning Commission and the Hayes Township Board in their approval of the development of Michigan Moto Mania on the Gamble-Longenecker property.
Contrary to what the Michigan Moto Mania supporters would have you believe, the citizens of Mostetler Road are not against a motor vehicle racing and riding business in Hayes Township, but they are against such a business on Mostetler Road where it does not belong. Surely there are a number of more appropriate locations within Hayes Township that can accommodate such a business. We appeal to the Zoning Board of Appeals to consider helping Mr. Longenecker to find a more appropriate location for his business.
Page 36: Section 4.2 Community Wide Goals: Goal #3: "Preserve and promote the rights of individual property owners while maintaining the aesthetic character of the community."
How does the approval of an inappropriate permanent Special Use on Mostetler Road preserve and promote the rights of the property owners and residents of Mostetler Road and Deer Lake?
How does the approval of an inappropriate permanent Special Use preserve and promote the property rights of anyone but a newcomer who would not have entered into a land contract for the property had the approval not been granted?
The sale of the Gamble property to Doug Longenecker was contingent upon the Special Use being granted. No Special Use, no sale.
Do the property rights of a newcomer to Hayes Township who has not yet purchased the property take precedence over established residents who already own property and pay taxes on it? Or maybe it's the property rights of Ken Gamble, the seller, that take precedence over the rest of the property owners on Mostetler Road. By approving the Special Use in October 2009, and again on May 17, 2010, that is essentially what the Planning Commission decided.
How does it protect anyone but the next unknown owner of the property if Mr. Longenecker decides to sell it, or Ken Gamble, if Mr. Longenecker defaults?
Does a motorized vehicle racing and riding business contribute to the aesthetics of Hayes Township?
Page 36: Section 4.2 Community Wide Goals: Goal #4: “Relate the land use primarily to the natural characteristics of the land and the long-term needs of the community, rather than to short-term economic gain."
“The members of this board unanimously agreed that the special use variance would be beneficial to the Community, Hayes Township and their families as a whole. The request follows the Master Plan for the Township. It will prompt and promote commerce to this and the surrounding areas.” (Minutes, page 4)
The biggest and most heavily touted selling point made by the supporters of Michigan Moto Mania has been some purported economic gain, which has not been substantiated by any market research. In this depressed economy it may prove to be a short-term economic gain, if there is any gain at all.
Short-term economic gain appears to be the motivating factor in the Planning Commission’s approval of the Special Use of the Gamble-Longenecker property. Hayes Township is banking on the dwindling disposable income of tourists in today’s depressed economy to bring jobs and business to Hayes Township, Harrison and Clare County. That short-term economic gain, which may or may not materialize, appears to be the justification for the approval of the Special Use.
It fails to take into account the entire Master Plan by deferring to a single point out of the whole, much like taking a single Bible verse out of context to use as a proof text for a questionable doctrine.
How does this park serve the long-term needs of a community whose median income level would preclude all but occasional use?
“…the property is not conducive to farming and is more suited to outdoor recreation activities.” (Minutes, page 2, item A), presumably relating the land use to the natural characteristics of the land.
Actually, the property is suitable for use as a Christmas tree farm or a fruit orchard, possibly vineyards, now that it has been denuded of trees. It is suitable to horse farming, as can be attested to by the presence of a horse farm next door on the Collins’ property.
A decree from the Hayes Township Planning Commission does not make it so.
Page 38: Section 4.9: Natural Environment Goal and Objectives: Objective #1: "Implement land use patterns, which will direct new growth away from environmentally sensitive areas such as woodlands, wetlands, steep slopes, and areas subject to flooding."
What land use patterns were in place to direct Michigan Moto Mania away from the woodland property on Mostetler Road? And away from the wetland area of Mostetler Creek?
Did anyone on the Planning Commission attempt to do anything to direct this business to another more appropriate location in Hayes Township?
“C. …Owner has provided plans for environmental needs and they will be addressed.” (Minutes, Page 3)
The Owner – that would be Ken Gamble? Since there is a land contract between Doug Longenecker and Ken Gamble, technically, Ken Gamble is the Owner.
What plans has the Owner provided for the environmental needs of the area? How will they be addressed, specifically?
Exactly what “environmental needs” does the Owner plan to address?
What DNR permits have been issued and when were they issued?
To be continued...
Wednesday, September 22, 2010
Hayes Township Resolution Compliance with Hayes Township Master Plan, Part 1
Last week I looked at the Hayes Towsnhip Planning Commission's resolution to grant the Special Use to the Gamble-Longenecker property on Mostetler Road for a motorized sports facility, zoned A-R(Agricultural/Rural Residential) and how it stacks up against the Clare County Master Plan. This week, I'll narrow the focus to how the resolution stacks up against the Hayes Township's Master Plan. As was the case in the last series, the page numbers refer to the most current Master Plan available to the general public on the Hayes Township Website, dated 2002-2021, adopted on 5 Dec 2001, unless otherwise specified.
Page 1: The purpose of the Master Plan is “to promote public health, safety, and general welfare; to encourage the use of resources in accordance with their character and adaptability; to avoid the overcrowding of land by buildings or people; to lessen congestion on public roads and streets; to facilitate provision for a system of transportation, sewage disposal, safe and adequate water supply, recreation and other public improvements and to consider the character of each township and its suitability for particular uses judged in terms of such factors as trend in land and population development.”
How does the approval of Michigan Moto Mania as a Special Use on the Gamble-Longenecker property on Mostetler Road promote health when one of the neighbors, whose property is adjacent to this motor sports racing and riding facility, has produced a letter from his physician that states that living next door to such a facility is detrimental to his health?
Hayes Township Planning Commission Special Meeting, May 17, 2010 Minutes, Page 2: “It[sic] Park provides for the safety and welfare of property owners adjacent to this property.”
The Hayes Township Planning Commission in its approval of the Special Use to the property (which for all intents and purposes makes this Special Use permanent), has shown disregard for the health and welfare of at least one of the adjacent landowners. Since he is only one member of the taxpaying members of the public in Hayes Township, does his health not count? Or must it be sacrificed for the supposed “greater good” of the rest of the community? What if he were a member of your family?
How does having a motorized vehicle racing and riding business next door provide for the welfare of the adjacent property owners when their already depressed property values are further depressed on the basis of proximity to such a business?
How does putting a motorized vehicle racing and riding business literally in the middle of thousands of acres of prime hunting land, and then only closing that business for two weeks of a months long hunting season promote the safety and general welfare of the public?
How does more traffic on Mostetler Road, owing to Michigan Moto Mania, lessen congestion on Mostetler Road?
Page 5-6: Section 2.1.4 Natural Resources: “Some minor topographical features such as hills and river channels are found in Hayes Township, which may pose constraints to land development. Proper procedures for reducing soil erosion and containing water runoff should be utilized when development occurs in these areas.” And “Small concentrations of environmentally sensitive wetland areas are scattered throughout Hayes Township…”
The area surrounding Mostetler Creek is one of those topographical features. It is one of the environmentally sensitive wetland areas. Mostetler Creek is one of the lowest elevations in the Township (page 21), and as such receives runoff from the surrounding areas. Since Michigan Moto Mania is in such close proximity to this environmentally sensitive area, what environmental impact study has been conducted prior to development of the property?
What measures have been put in place to ensure that sensitive habitat has not been destroyed or reduced? What proper procedures have been put in place to reduce soil erosion and water runoff into the Mostetler Creek wetland area since the land was clear cut?
Page 6: Section 2.2: The fundamental community-wide goal of the Township is to “capitalize on the Township’s abundant resources for the purpose of creating an attractive community that meets the physical, social, and economic needs of its residents and businesses in an environmentally sensitive manner.”
How is the clear cutting most of 200 acres of land to make way for a motorized vehicle racing and riding business environmentally sensitive?
Do the ends justify the means when attempting to meet the economic needs of the Township’s residents? Does this Special Use meet the needs of the Township's residents, or just their desires?
What about the economic needs of the residents whose property is in the vicinity of this motorized vehicle racing and riding business, and whose property values are dropping because of their proximity to this business?
The proximity of Michigan Moto Mania makes parts of Mostetler Road and Deer Lake undesirable places to live.
Page 7: Section 2.3 Future Land Use Plan: "Respecting the Township’s goal of retaining its rural character, the Future Land Use Plan designates the largest percentage of the Township as Rural Residential/Agricultural (58%). The purpose of this district is to preserve environmentally significant forested and open space lands, enhance existing agricultural activities, and discourage inappropriate development."
How does the introduction of the urban noise and fumes of a motorized vehicle racing and riding business into an area zoned Rural Residential/Agricultural preserve the rural character of Mostetler Road?
How does the clear cutting of almost 200 acres trees to make way for a motorized vehicle racing and riding business preserve environmentally significant forested lands?
How is a motorized vehicle racing and riding business an appropriate development for an area zoned Rural Residential/Agricultural?
Why did the Hayes Township Planning Commission not discourage such an inappropriate development for the Gamble-Longenecker property on Mostetler Road? In fact they encouraged the inappropriate development by their approval of Special Use.
Why did the Hayes Township Planning Commission not encourage the development of Michigan Moto Mania, a motorized vehicle racing and riding business, in a more appropriate location such as a Highway Commercial Zone or an Industrial Zone?The Hayes Township’s approval of the Special Use permanently for the Gamble-Longenecker property on Mostetler Road completely changes its rural character.
Page 20: Section 3.4 Natural Resources Assessment: “The natural environment can significantly impact development such as a steep slope prohibiting the construction of any structure. Conversely, the natural environment can be effected (affected) by land development. An example would be the increased erosion potential caused by clearing vegetation…it is important to examine the natural environment in order to determine where development is best suited, and where it should be discouraged.”
About 200 acres of formerly forested land and old trees that cannot be replaced for at least a generation have already been affected by the clear cutting in order to make way for a motorized vehicle racing and riding business.
As stated, there is now increased erosion potential caused by the clearing of the trees on the land.
Did the Hayes Township Planning Commission examine the natural environment before allowing the development of the Gamble-Longenecker property to begin?
Did this examination factor into the approval of this development?
Minutes: Hayes Township Planning Commission Special Meeting, October 21, 2009: "Chair Criscuolo stated his displeasure over the lack of advanced notification of meetings, and the importance of opportunity to review requests in advance of meetings. That thought was shared by all members present. Members should be able to review and visit the site in advance of any meetings."
Those recorded minutes of the only Planning Commission meeting held to address Doug Longenecker's request for Special Use prior to the beginning of development on the Gamble-Longenecker property answers that question. They did not take the time to examine the natural environment prior to allowing the development of the Gamble-Longenecker property to begin. Development continued even through the "do-over" mandated by Hayes Township attorney Dreyer.
Page 20: Section 3.4: Natural Resources Assessment: “The focus is on areas that will minimize development costs and provide amenities without adversely impacting the existing systems.”
The almost 200 acres of forest ecosystem has already been adversely affected.
What steps have been taken to prevent the wetland ecosystem of Mostetler Creek from being adversely affected?
Page 21: Section 3.4.3 Topography: “Because of the significant elevation changes and steep slopes in the Township, some constraints to land development may be found. Proper procedures for reducing soil erosion and containing water runoff should be utilized when developing in steep slope areas."
There are many elevation changes and steep slopes on the Gamble-Longenecker property. Doug Longenecker has said that one of the reason why he chose this piece of property was “the terrain is good for ORV use.” (Clare County Review, May 21, 2010). What, if any, procedures (and were they proper procedures?) have been utilized in the development of the steep slope areas of the tracks to control soil erosion and water runoff?
Has Mr. Longenecker had a topographical survey conducted on his property? If not, why not?
Page 22: Section 3.4.4 Woodlands: “Because of the many benefits associated with wooded areas, having such a high percentage of woodlands should be seen as a real asset to the Township.” And, “In general, woodlands improve the environmental quality of the whole community by reducing pollution through absorption, reducing the chances of flooding through greater rainwater infiltration, stabilizing and enriching soils, moderating the effects of wind and temperature , and providing habitats for wildlife.”
If woodlands are such a great asset to the Township according to the Hayes Township Planning Commission in their Master Plan, why would they support the clear cutting of almost 200 acres to make way for a motorized vehicle racing and riding business?
Do the Hayes Township Planning Commission and the Hayes Township Board consider the proposed business a greater asset to the Township that justifies the removal of natural resources that cannot be replaced for at least a generation?
Does a motorized vehicle racing and riding business improve the environmental quality in Hayes Township? Does the facility reduce pollution through absorption? Or does it produce pollution through emissions and noise?
Does the facility reduce the chances of flooding? Filter rainwater? Stabilize and enrich the soils on the land?
Does it moderate the effects of the wind and temperature?
How much more habitat does a motorized vehicle racing and riding business provide than a forest?
To be continued...
Page 1: The purpose of the Master Plan is “to promote public health, safety, and general welfare; to encourage the use of resources in accordance with their character and adaptability; to avoid the overcrowding of land by buildings or people; to lessen congestion on public roads and streets; to facilitate provision for a system of transportation, sewage disposal, safe and adequate water supply, recreation and other public improvements and to consider the character of each township and its suitability for particular uses judged in terms of such factors as trend in land and population development.”
How does the approval of Michigan Moto Mania as a Special Use on the Gamble-Longenecker property on Mostetler Road promote health when one of the neighbors, whose property is adjacent to this motor sports racing and riding facility, has produced a letter from his physician that states that living next door to such a facility is detrimental to his health?
Hayes Township Planning Commission Special Meeting, May 17, 2010 Minutes, Page 2: “It[sic] Park provides for the safety and welfare of property owners adjacent to this property.”
The Hayes Township Planning Commission in its approval of the Special Use to the property (which for all intents and purposes makes this Special Use permanent), has shown disregard for the health and welfare of at least one of the adjacent landowners. Since he is only one member of the taxpaying members of the public in Hayes Township, does his health not count? Or must it be sacrificed for the supposed “greater good” of the rest of the community? What if he were a member of your family?
How does having a motorized vehicle racing and riding business next door provide for the welfare of the adjacent property owners when their already depressed property values are further depressed on the basis of proximity to such a business?
How does putting a motorized vehicle racing and riding business literally in the middle of thousands of acres of prime hunting land, and then only closing that business for two weeks of a months long hunting season promote the safety and general welfare of the public?
How does more traffic on Mostetler Road, owing to Michigan Moto Mania, lessen congestion on Mostetler Road?
Page 5-6: Section 2.1.4 Natural Resources: “Some minor topographical features such as hills and river channels are found in Hayes Township, which may pose constraints to land development. Proper procedures for reducing soil erosion and containing water runoff should be utilized when development occurs in these areas.” And “Small concentrations of environmentally sensitive wetland areas are scattered throughout Hayes Township…”
The area surrounding Mostetler Creek is one of those topographical features. It is one of the environmentally sensitive wetland areas. Mostetler Creek is one of the lowest elevations in the Township (page 21), and as such receives runoff from the surrounding areas. Since Michigan Moto Mania is in such close proximity to this environmentally sensitive area, what environmental impact study has been conducted prior to development of the property?
What measures have been put in place to ensure that sensitive habitat has not been destroyed or reduced? What proper procedures have been put in place to reduce soil erosion and water runoff into the Mostetler Creek wetland area since the land was clear cut?
Page 6: Section 2.2: The fundamental community-wide goal of the Township is to “capitalize on the Township’s abundant resources for the purpose of creating an attractive community that meets the physical, social, and economic needs of its residents and businesses in an environmentally sensitive manner.”
How is the clear cutting most of 200 acres of land to make way for a motorized vehicle racing and riding business environmentally sensitive?
Do the ends justify the means when attempting to meet the economic needs of the Township’s residents? Does this Special Use meet the needs of the Township's residents, or just their desires?
What about the economic needs of the residents whose property is in the vicinity of this motorized vehicle racing and riding business, and whose property values are dropping because of their proximity to this business?
The proximity of Michigan Moto Mania makes parts of Mostetler Road and Deer Lake undesirable places to live.
Page 7: Section 2.3 Future Land Use Plan: "Respecting the Township’s goal of retaining its rural character, the Future Land Use Plan designates the largest percentage of the Township as Rural Residential/Agricultural (58%). The purpose of this district is to preserve environmentally significant forested and open space lands, enhance existing agricultural activities, and discourage inappropriate development."
How does the introduction of the urban noise and fumes of a motorized vehicle racing and riding business into an area zoned Rural Residential/Agricultural preserve the rural character of Mostetler Road?
How does the clear cutting of almost 200 acres trees to make way for a motorized vehicle racing and riding business preserve environmentally significant forested lands?
How is a motorized vehicle racing and riding business an appropriate development for an area zoned Rural Residential/Agricultural?
Why did the Hayes Township Planning Commission not discourage such an inappropriate development for the Gamble-Longenecker property on Mostetler Road? In fact they encouraged the inappropriate development by their approval of Special Use.
Why did the Hayes Township Planning Commission not encourage the development of Michigan Moto Mania, a motorized vehicle racing and riding business, in a more appropriate location such as a Highway Commercial Zone or an Industrial Zone?The Hayes Township’s approval of the Special Use permanently for the Gamble-Longenecker property on Mostetler Road completely changes its rural character.
Page 20: Section 3.4 Natural Resources Assessment: “The natural environment can significantly impact development such as a steep slope prohibiting the construction of any structure. Conversely, the natural environment can be effected (affected) by land development. An example would be the increased erosion potential caused by clearing vegetation…it is important to examine the natural environment in order to determine where development is best suited, and where it should be discouraged.”
About 200 acres of formerly forested land and old trees that cannot be replaced for at least a generation have already been affected by the clear cutting in order to make way for a motorized vehicle racing and riding business.
As stated, there is now increased erosion potential caused by the clearing of the trees on the land.
Did the Hayes Township Planning Commission examine the natural environment before allowing the development of the Gamble-Longenecker property to begin?
Did this examination factor into the approval of this development?
Minutes: Hayes Township Planning Commission Special Meeting, October 21, 2009: "Chair Criscuolo stated his displeasure over the lack of advanced notification of meetings, and the importance of opportunity to review requests in advance of meetings. That thought was shared by all members present. Members should be able to review and visit the site in advance of any meetings."
Those recorded minutes of the only Planning Commission meeting held to address Doug Longenecker's request for Special Use prior to the beginning of development on the Gamble-Longenecker property answers that question. They did not take the time to examine the natural environment prior to allowing the development of the Gamble-Longenecker property to begin. Development continued even through the "do-over" mandated by Hayes Township attorney Dreyer.
Page 20: Section 3.4: Natural Resources Assessment: “The focus is on areas that will minimize development costs and provide amenities without adversely impacting the existing systems.”
The almost 200 acres of forest ecosystem has already been adversely affected.
What steps have been taken to prevent the wetland ecosystem of Mostetler Creek from being adversely affected?
Page 21: Section 3.4.3 Topography: “Because of the significant elevation changes and steep slopes in the Township, some constraints to land development may be found. Proper procedures for reducing soil erosion and containing water runoff should be utilized when developing in steep slope areas."
There are many elevation changes and steep slopes on the Gamble-Longenecker property. Doug Longenecker has said that one of the reason why he chose this piece of property was “the terrain is good for ORV use.” (Clare County Review, May 21, 2010). What, if any, procedures (and were they proper procedures?) have been utilized in the development of the steep slope areas of the tracks to control soil erosion and water runoff?
Has Mr. Longenecker had a topographical survey conducted on his property? If not, why not?
Page 22: Section 3.4.4 Woodlands: “Because of the many benefits associated with wooded areas, having such a high percentage of woodlands should be seen as a real asset to the Township.” And, “In general, woodlands improve the environmental quality of the whole community by reducing pollution through absorption, reducing the chances of flooding through greater rainwater infiltration, stabilizing and enriching soils, moderating the effects of wind and temperature , and providing habitats for wildlife.”
If woodlands are such a great asset to the Township according to the Hayes Township Planning Commission in their Master Plan, why would they support the clear cutting of almost 200 acres to make way for a motorized vehicle racing and riding business?
Do the Hayes Township Planning Commission and the Hayes Township Board consider the proposed business a greater asset to the Township that justifies the removal of natural resources that cannot be replaced for at least a generation?
Does a motorized vehicle racing and riding business improve the environmental quality in Hayes Township? Does the facility reduce pollution through absorption? Or does it produce pollution through emissions and noise?
Does the facility reduce the chances of flooding? Filter rainwater? Stabilize and enrich the soils on the land?
Does it moderate the effects of the wind and temperature?
How much more habitat does a motorized vehicle racing and riding business provide than a forest?
To be continued...
Friday, September 17, 2010
The Issue of Camping at Michigan Moto Mania
Steve Rauch, who works at the Clare County Cleaver, has gone to some lengths to justify calling Michigan Moto Mania a "resort" of late. In a post on the Michigan Moto Mania facebook page dated 25 Aug 2010 , Steve says, “the ONE thing MMM doesn’t have in that resort wording NOW is camping and that WAS ONLY to help Harrison more. Toss a few campsites back in the mix and it’s a open resort!”
Steve seems to be a part of an initiative by the Clare County Cleaver to paint Michigan Moto Mania as a "resort," and to get the citizens of Hayes Township
I have already blogged the definitions per the Hayes Township Zoning Ordinance of both resort and club. But from the beginning, Michigan Moto Mania was called a "park" by the Cleaver.
The Request for Special Use, dated15 Oct 2009, that Doug Longenecker turned in to the Hayes Township
I have already blogged the definitions per the Hayes Township Zoning Ordinance of both resort and club. But from the beginning, Michigan Moto Mania was called a "park" by the Cleaver.
The Request for Special Use, dated
The Hayes Township Zoning Ordinance’s definition of a park is: Properties and facilities owned or operated by any governmental agency, or private agency, which are open to the general public for recreational purposes.
Michigan Moto Mania fits this definition.
In every article published by the Cleaver since the very first article published on 18 March 2010 , Michigan Moto Mania To Open Soon In Harrison, the Cleaver, under Genine Hopkins’ byline, has referred to the facility as a "park." In the just about weekly articles that have in some way shape or form made mention of Michigan Moto Mania on one of the four main pages of the Cleaver, no doubt designed to keep Moto Mania in the forefront of everyone’s short attention span in every news cycle, the word “park” or “development” was used in association with Michigan Moto Mania.
Then, it was as though someone at the Cleaver finally picked up a copy of the Hayes Township Zoning Ordinance and read it and discovered that since Michigan Moto Mania is a privately owned park, and not a publicly owned park, and therefore not an allowable use in an area zoned Agricultural/Rural Residential, the word “park” fell out of favor as a descriptor for the development.
But what to call it? I know! We can call it a "resort!" That’s an allowable Special Use, according to the Zoning Ordinance, and we’ll just keep on calling it a "resort" until the public buys into the concept and then it will be easier to sell this one to the Zoning Board of Appeals.
Never mind the fact that because Doug had earlier, in an attempt to ingratiate himself to the business community, namely the motels and campgrounds in the area, decided to eliminate camping from his plans. In doing so, he inadvertently disqualified his development from actually being a resort. The lack of facilities for an overnight stay keeps Michigan Moto Mania from fitting the description of a resort. This was all before the Mulligan was decided by the Planning Commission for the second time. No camping then became part of the restrictions adopted by the Planning Commission for the Gamble-Longenecker property.
Steve maintains that it was in an effort “to help Harrison .” I would suggest that it was to help Doug have an easier time gaining public support against the growing number of opposing neighbors. "Helping Harrison" was a side benefit.
Also, the hoops that Doug would have to jump through to get a permit to establish and construct a new campground is restrictive and requires interaction with a lot more government agencies higher up than Hayes Township, from the DEQ Water Bureau, to the Health Department, not to mention all the permit fees and licensing fees. I don’t think Doug will be able to just “toss a few campsites back in the mix,” as Steve suggests as a viable alternative. Letting all of that fall out of the equation was a lot less hassle and expense than keeping camping as an option.
Not to mention the scrutiny that could potentially come to bear on this whole thing by government agencies higher up than Hayes Township
The first use of the word “resort” with regard to Michigan Moto Mania in print was in the 22 Jul 2010 edition of the Clare County Cleaver, in the article, Hayes Township Zoning Appeals Board Deadlocks on Moto Mania Appeal, by Genine Hopkins. In every Cleaver article regarding Moto Mania since that one, the word “park” is never used and the word “resort” is always used.
One term that the Moto Mania supporters are loath to use is “club.” But that may be for several reasons, not the least of which is I am the one suggesting it. But Moto Mania does meet the Hayes Township Zoning Ordinance’s definition of a club. Whether they like it or not. Also, similar facilities, such as Polka Dots Motocross Club, to which Doug, his family and many of his supporters and at least one member of the Planning Commission, (no conflict of interest there), belong have no problem calling themselves clubs. I would suggest that the aversion to calling Moto Mania a club by Doug and his supporters, especially his supporters on the various Hayes Township
Thursday, September 16, 2010
Hayes Township Resolution Compliance With Clare County Master Plan, Part 3
Reminder: the page numbers listed are for the most current Clare County Master Plan unless otherwise specified.
Clare County Master Plan Goals and Objectives:
Page 82: Goal #2: Continue to improve the County’s economy and employment opportunities. Objective #3: Continue to target business for location in the County’s Renaissance Zone and Industrial Parks.
Proponents of Michigan MotoMania believe that this facility will improve the County’s and Hayes Township’s economy and employment opportunities. These are not the only considerations, although they appear to be the only ones actually considered by the Hayes Township Planning Commission.
It does not appear that the Planning Commission or the Township Board did anything to encourage Michigan MotoMania to locate in an area appropriately zoned for commercial or industrial enterprises.
Did the Planning Commission encourage Michigan Moto Mania to locate in an area already appropriately zoned for comercial or industrial enterprises? If so, what encouragement, and how did they offer such encouragement?
Page 83: Goal #3: Preserve the County’s rural environment by preserving agriculture, open space and forested areas. Objective#1: Work with farmers and other landowners to identify needs, and to identify available programs to encourage the preservation of desired areas.
How does the clearcutting of 200 acres of land to make way for Motocross, ATV and Snowmobile trails for this for-profit park/club preserve forested areas?
How does bringing the urban noise of multiple ORVs racing and riding through what used to be a hardwood forest preserve the County’s and Hayes Township’s rural environment?
How did the Hayes Township Planning Commission encourage the preservation of the rural environment of the Mostetler Road neighborhood by allowing a Special Exemption Use for parcels 18-007-025-100-10 and 18-007- 0260200-02?
Page 83: Goal 3, Objective #5: Work with Michigan Department of Natural Resources and the US Forest Service to encourage preservation of open space and forested areas.
It appears that minimal interaction with Michigan DNR and none with the US Forest Service happened before the development was approved and underway.
What, if anything did the Hayes Township Planning Commission do to work with the Michigan Department of Natural Resources and the US Forest Service when they were helping Doug with his site plan?
Is it documented and available for the general public to know about and understand?
Page 84: Goal #5: Protect and improve the County’s environment. Objective #2: Work with the Michigan Department of Environmental Quality and existing landowners to identify and correct environmental hazards.
How does putting a Motorized vehicle racing and riding facility in the middle of a forested neighborhood improve the County’s environment? If anything, it has a negative impact. The emissions, the noise pollution, the hazmats from potential oil spillage from engines, and refueling from portable gas cans by riders bringing them into the facility causing potential spills are a negative impact on the environment.
What, if any, work was done with the DEQ to address these issues prior to the start of the development?
Is there documantation of such work available to the general public? If so, where?
Calls and inquiries to the DEQ on the part of the concerned landowners are for the purpose of finding out this information, if it exists.
What work was done with the adjacent landowners prior to the development of Michigan Moto Mania, which has the potential to harm the environment?
I can answer this one: None. In fact, every effort seems to have been made to keep the neighboring landowners from finding out about it until it was too late to easily put a stop to it.
Page 84: Goal #5, Objective #5: Identify areas with special positive environmental features that should be protected.
Mostetler Creek is a Wetland area near Michigan Moto Mania Facility. The denuding of the Gamble-longenecker property will cause runoff and potential soil erosion into the Mostetler Creek wetland area. What environmental impact study was done and what measures were put in place to minimize the environmental impact of a Motocross/ORV/Snowmobile racing and riding facility so close to the wetlands of Mostetler Creek prior to approval of and the start of the project’s development?
Page 84: Goal #5: Objective #6: Plan any new development around lakes, rivers, and streams at a level that will limit the impact of development on water quality.
What plan is/was in place to protect the water quality of the wetlands of Mostetler Creek prior to the approval of and the start of development of Michigan Moto Mania?
Pages 85-86: Goal #9: Promote the development and expansion of commercial uses in cities and villages. Objective #4: Work with townships to identify land appropriate for commercial development and limit land available for commercial development outside of cities and villages.
Who at the Clare County Planning Commission did the Hayes Township Planning Commission work with in identifying Mostetler Road as an appropriate place to put a commercial development such as Michigan Moto Mania?
Was the land on Mostetler Road set aside as appropriate land for a business development before Mr. Longenecker even considered entering into a land contract with Ken Gamble for the property on Mostetler Road? Or was this considered to be an appropriate place after Mr. Longenecker entered into a land contract with Mr. Gamble?
How does allowing a commercial development on Mostetler Road limit commercial development outside cities and villages in Clare County?
Page 86: Goal: #11: Promote recreation and tourism in Clare County. Objective #1: Use Tourism and Recreation as both an economic development and a way to preserve the county’s rural attributes.
The Hayes Township Planning Commission plans to use Michigan Moto Mania as an economic development. That does seem to be what is driving the approval of the Special Use on the Gamble-Longenecker property on Mostetler Road.
Does this consideration alone trump the rest of the Goals and Objectives of the Clare County Master Plan? Apparently the Hayes Township Planning Commission believes it does.
What market research was done prior to the approval of the Special Use granted to the Gamble-Longenecker property on May 17, 2010?
What happens when the novelty wears off?
What happens if the Township’s long term economic goal is not realized through this business enterprise?
How does the Hayes Township Planning Commission’s approval of the Special Use of the Gamble-Longenecker property on Mostetler Road preserve the rural attributes of Clare County and most especially the rural attributes of Mostetler Road?
Clare County Master Plan Goals and Objectives:
Page 82: Goal #2: Continue to improve the County’s economy and employment opportunities. Objective #3: Continue to target business for location in the County’s Renaissance Zone and Industrial Parks.
Proponents of Michigan MotoMania believe that this facility will improve the County’s and Hayes Township’s economy and employment opportunities. These are not the only considerations, although they appear to be the only ones actually considered by the Hayes Township Planning Commission.
It does not appear that the Planning Commission or the Township Board did anything to encourage Michigan MotoMania to locate in an area appropriately zoned for commercial or industrial enterprises.
Did the Planning Commission encourage Michigan Moto Mania to locate in an area already appropriately zoned for comercial or industrial enterprises? If so, what encouragement, and how did they offer such encouragement?
Page 83: Goal #3: Preserve the County’s rural environment by preserving agriculture, open space and forested areas. Objective#1: Work with farmers and other landowners to identify needs, and to identify available programs to encourage the preservation of desired areas.
How does the clearcutting of 200 acres of land to make way for Motocross, ATV and Snowmobile trails for this for-profit park/club preserve forested areas?
How does bringing the urban noise of multiple ORVs racing and riding through what used to be a hardwood forest preserve the County’s and Hayes Township’s rural environment?
How did the Hayes Township Planning Commission encourage the preservation of the rural environment of the Mostetler Road neighborhood by allowing a Special Exemption Use for parcels 18-007-025-100-10 and 18-007- 0260200-02?
Page 83: Goal 3, Objective #5: Work with Michigan Department of Natural Resources and the US Forest Service to encourage preservation of open space and forested areas.
It appears that minimal interaction with Michigan DNR and none with the US Forest Service happened before the development was approved and underway.
What, if anything did the Hayes Township Planning Commission do to work with the Michigan Department of Natural Resources and the US Forest Service when they were helping Doug with his site plan?
Is it documented and available for the general public to know about and understand?
Page 84: Goal #5: Protect and improve the County’s environment. Objective #2: Work with the Michigan Department of Environmental Quality and existing landowners to identify and correct environmental hazards.
How does putting a Motorized vehicle racing and riding facility in the middle of a forested neighborhood improve the County’s environment? If anything, it has a negative impact. The emissions, the noise pollution, the hazmats from potential oil spillage from engines, and refueling from portable gas cans by riders bringing them into the facility causing potential spills are a negative impact on the environment.
What, if any, work was done with the DEQ to address these issues prior to the start of the development?
Is there documantation of such work available to the general public? If so, where?
Calls and inquiries to the DEQ on the part of the concerned landowners are for the purpose of finding out this information, if it exists.
What work was done with the adjacent landowners prior to the development of Michigan Moto Mania, which has the potential to harm the environment?
I can answer this one: None. In fact, every effort seems to have been made to keep the neighboring landowners from finding out about it until it was too late to easily put a stop to it.
Page 84: Goal #5, Objective #5: Identify areas with special positive environmental features that should be protected.
Mostetler Creek is a Wetland area near Michigan Moto Mania Facility. The denuding of the Gamble-longenecker property will cause runoff and potential soil erosion into the Mostetler Creek wetland area. What environmental impact study was done and what measures were put in place to minimize the environmental impact of a Motocross/ORV/Snowmobile racing and riding facility so close to the wetlands of Mostetler Creek prior to approval of and the start of the project’s development?
Page 84: Goal #5: Objective #6: Plan any new development around lakes, rivers, and streams at a level that will limit the impact of development on water quality.
What plan is/was in place to protect the water quality of the wetlands of Mostetler Creek prior to the approval of and the start of development of Michigan Moto Mania?
Pages 85-86: Goal #9: Promote the development and expansion of commercial uses in cities and villages. Objective #4: Work with townships to identify land appropriate for commercial development and limit land available for commercial development outside of cities and villages.
Who at the Clare County Planning Commission did the Hayes Township Planning Commission work with in identifying Mostetler Road as an appropriate place to put a commercial development such as Michigan Moto Mania?
Was the land on Mostetler Road set aside as appropriate land for a business development before Mr. Longenecker even considered entering into a land contract with Ken Gamble for the property on Mostetler Road? Or was this considered to be an appropriate place after Mr. Longenecker entered into a land contract with Mr. Gamble?
How does allowing a commercial development on Mostetler Road limit commercial development outside cities and villages in Clare County?
Page 86: Goal: #11: Promote recreation and tourism in Clare County. Objective #1: Use Tourism and Recreation as both an economic development and a way to preserve the county’s rural attributes.
The Hayes Township Planning Commission plans to use Michigan Moto Mania as an economic development. That does seem to be what is driving the approval of the Special Use on the Gamble-Longenecker property on Mostetler Road.
Does this consideration alone trump the rest of the Goals and Objectives of the Clare County Master Plan? Apparently the Hayes Township Planning Commission believes it does.
What market research was done prior to the approval of the Special Use granted to the Gamble-Longenecker property on May 17, 2010?
What happens when the novelty wears off?
What happens if the Township’s long term economic goal is not realized through this business enterprise?
How does the Hayes Township Planning Commission’s approval of the Special Use of the Gamble-Longenecker property on Mostetler Road preserve the rural attributes of Clare County and most especially the rural attributes of Mostetler Road?
Wednesday, September 15, 2010
Hayes Township Resolution Compliance with Clare County Master Plan, Part 2
Reminder: The page numbers refer to the page numbers of the most current version of the Clare County Master Plan unless otherwise specified.
Page 53: Under Land Use Categories: Ag-Farm-Forestry-Rural Res is defined as,
“Basic wooded rural residential dominated by single-family homes, hunting cabins, and recreational lands. This category is so named because of because of differing township zoning/land use plans using these names interchangeably for the same type of properties.”
The land use category of the Gamble-Longenecker property and the surrounding property on Mostetler Road is A-R (Agricultural/Rural Residential,) according to the most recent zoning map of Hayes Township. The Map on page 64 of the Clare County Master Plan lists the land use as AG-Farm-Forestry.
Page 53: Land Use Category: Commercial is defined as,
“…includes retail. And wholesale businesses, business and professional services, personal services, and other businesses that provide goods or services to the general public."
Michigan Moto Mania can be defined as an “other business that provides a service to the general public.” Michigan Moto Mania purports to provide recreational services to the general public, and it is a business enterprise.
Page 53: Land Use Category: Industrial is defined as
“This category includes sites where any type of manufacturing process occurs. Industries can include those that produce various emissions in the process (smoke, odor, noise, light, vibrations, etc.) or those that do not produce emissions detectable to surrounding areas – such as the assembly of parts shipped from other facilities.”
The ORV park industry can be included in the definition of “industry” because in racing and riding ORVs and Motocross bikes and snowmobiles, emissions are produced in the process. There are fumes and noise produced.
Page 80: “The most immediate threat for future land uses in Clare County is the fragmentation of large parcels that diminish the recreational uses of the properties. (This is especially true where a new house will render approximately 15 acres of land off limits to hunting.)"
Clare County’s Master Plan finds it undesirable that the building of a new house might render approximately 15 acres of land off limits to hunting. Clearly the diminished recreational use of hunting is not intended or encouraged by the county’s Master Plan. If rendering 15 acres off limits to hunting, then how much more undesirable is it that 200 acres are rendered off limits to hunting by an ORV park? And what about the greatly diminished use of the Young’s 40 acre parcel of land surrounded on 3 sides by Michigan Moto Mania? Michigan Moto Mania sits in the middle of thousands of acres of hunting land. Is that a safe place to put an ORV park?
Page 80: “Most of the expected commercial areas are already in place and we expect them to expand from them to expand from this base.”
Michigan Moto Mania, as a large commercial entity, might be better placed in a location zoned Commercial, per the guidance in the Clare County Master Plan.
Page 80: “Most of the expected industrial areas are already in place and we expect them to expand from this base."
Michigan Moto Mania, as an emitter of noise and gasoline exhaust, might be better placed in a location zoned Industrial, per the guidance in the Clare County Master Plan.
To be continued...
Page 53: Under Land Use Categories: Ag-Farm-Forestry-Rural Res is defined as,
“Basic wooded rural residential dominated by single-family homes, hunting cabins, and recreational lands. This category is so named because of because of differing township zoning/land use plans using these names interchangeably for the same type of properties.”
The land use category of the Gamble-Longenecker property and the surrounding property on Mostetler Road is A-R (Agricultural/Rural Residential,) according to the most recent zoning map of Hayes Township. The Map on page 64 of the Clare County Master Plan lists the land use as AG-Farm-Forestry.
Page 53: Land Use Category: Commercial is defined as,
“…includes retail. And wholesale businesses, business and professional services, personal services, and other businesses that provide goods or services to the general public."
Michigan Moto Mania can be defined as an “other business that provides a service to the general public.” Michigan Moto Mania purports to provide recreational services to the general public, and it is a business enterprise.
Page 53: Land Use Category: Industrial is defined as
“This category includes sites where any type of manufacturing process occurs. Industries can include those that produce various emissions in the process (smoke, odor, noise, light, vibrations, etc.) or those that do not produce emissions detectable to surrounding areas – such as the assembly of parts shipped from other facilities.”
The ORV park industry can be included in the definition of “industry” because in racing and riding ORVs and Motocross bikes and snowmobiles, emissions are produced in the process. There are fumes and noise produced.
Page 80: “The most immediate threat for future land uses in Clare County is the fragmentation of large parcels that diminish the recreational uses of the properties. (This is especially true where a new house will render approximately 15 acres of land off limits to hunting.)"
Clare County’s Master Plan finds it undesirable that the building of a new house might render approximately 15 acres of land off limits to hunting. Clearly the diminished recreational use of hunting is not intended or encouraged by the county’s Master Plan. If rendering 15 acres off limits to hunting, then how much more undesirable is it that 200 acres are rendered off limits to hunting by an ORV park? And what about the greatly diminished use of the Young’s 40 acre parcel of land surrounded on 3 sides by Michigan Moto Mania? Michigan Moto Mania sits in the middle of thousands of acres of hunting land. Is that a safe place to put an ORV park?
Page 80: “Most of the expected commercial areas are already in place and we expect them to expand from them to expand from this base.”
Michigan Moto Mania, as a large commercial entity, might be better placed in a location zoned Commercial, per the guidance in the Clare County Master Plan.
Page 80: “Most of the expected industrial areas are already in place and we expect them to expand from this base."
Michigan Moto Mania, as an emitter of noise and gasoline exhaust, might be better placed in a location zoned Industrial, per the guidance in the Clare County Master Plan.
To be continued...
Tuesday, September 14, 2010
Last Night's Planning Commission Meeting (13 Sep 2010)
Seems like a waste of time that none of them wanted to spend anyway. When it was all said and done, the Planning Commission resolved to have a public hearing on 1 October 2010 (a Friday - maybe they are trying to make it inconvenient for anyone to come), after which there will ba a vote to change the ordinance to change the composition of the Zoning Board of Appeals by adding 2 new members and an alternate.
Interesting that one member of the Planning Commission didn't want to waste time on this issue so this process could move along and Moto Mania could open, as though that's a foregone conclusion. All pretense of impartiality gone, not that there was much to begin with.
Mr. Dreyer had a copy of sections 1501-1503 of the Hayes Township Zoning Ordinance, the one currently available on the Hayes Township website, dated 2002, which is supposedly the most current version, but it turns out that Lyle was working from a more recent 2006 version, apparently not readily available to the general public on the website.
Whose job is it to maintain and keep up with the website? You're doing a woefully inadequate job of keeping the public informed on matters that concern them. Besides being embarrassing for your attorney, it shows a lack of concern for the people you purport to represent. But it does make it easier to change the rules and do things like hold Special Meetings without informing the public.
No one should be surprised about that. Ordinary citizens cannot find out any information about meetings of the appointed boards on the Hayes Township website. Announcements of meetings are buried in the classified section of the newspaper and hard to find without looking for them. It's almost as though they don't want the public to attend to watch them making the sausage.
What's the point of the Hayes Township's website anyway? It is obviously not kept current, and minutes of the meetings (such as they are ) are not published on the website either.
After the meeting, the usual suspects from the Planning Commission were seen openly hobnobbing with the Moto Mania crowd.
According to Robin's latest post on the Moto Mania facebook page, "Just another dalay! Typical Dreyer. Good thing the neighbors have him on their side," just shows that she still doesn't get it. Mr. Dreyer is the Hayes Township attorney. He works for the township, not Moto Mania, and not the neighbors. Things have stopped going her way, so she thinks he's on the neighbors' side. He's just trying to do what's most legally expedient for his client. We have our own legal representation, thanks. Wouldn't want to put Mr. Dreyer in the position of having a conflict of interest. That would be wrong.
And I don't know what rock Moto Mania's fan, John C. crawled out from under. His remark, on the Moto Mania facebook page, "It's not like you went behind anyone's back and all of a sudden there is a 200 acre motocross facility in the back yard," shows that he doesn't know the whole story. Actually, John, that is exactly how it happened. The first time any of the neighbors knew there was a motocross facility was when Doug held his first event, a Hare Scramble at the end of February, 2010. It was news to us.
Just wanted to clear up a few misconceptions on the part of Moto Mania and their supporters.
As soon as I can get a current (Lyle's 2006 version) of the Hayes Township Ordinance, I'll write with some analysis. It should be interesting.
Interesting that one member of the Planning Commission didn't want to waste time on this issue so this process could move along and Moto Mania could open, as though that's a foregone conclusion. All pretense of impartiality gone, not that there was much to begin with.
Mr. Dreyer had a copy of sections 1501-1503 of the Hayes Township Zoning Ordinance, the one currently available on the Hayes Township website, dated 2002, which is supposedly the most current version, but it turns out that Lyle was working from a more recent 2006 version, apparently not readily available to the general public on the website.
Whose job is it to maintain and keep up with the website? You're doing a woefully inadequate job of keeping the public informed on matters that concern them. Besides being embarrassing for your attorney, it shows a lack of concern for the people you purport to represent. But it does make it easier to change the rules and do things like hold Special Meetings without informing the public.
No one should be surprised about that. Ordinary citizens cannot find out any information about meetings of the appointed boards on the Hayes Township website. Announcements of meetings are buried in the classified section of the newspaper and hard to find without looking for them. It's almost as though they don't want the public to attend to watch them making the sausage.
What's the point of the Hayes Township's website anyway? It is obviously not kept current, and minutes of the meetings (such as they are ) are not published on the website either.
After the meeting, the usual suspects from the Planning Commission were seen openly hobnobbing with the Moto Mania crowd.
According to Robin's latest post on the Moto Mania facebook page, "Just another dalay! Typical Dreyer. Good thing the neighbors have him on their side," just shows that she still doesn't get it. Mr. Dreyer is the Hayes Township attorney. He works for the township, not Moto Mania, and not the neighbors. Things have stopped going her way, so she thinks he's on the neighbors' side. He's just trying to do what's most legally expedient for his client. We have our own legal representation, thanks. Wouldn't want to put Mr. Dreyer in the position of having a conflict of interest. That would be wrong.
And I don't know what rock Moto Mania's fan, John C. crawled out from under. His remark, on the Moto Mania facebook page, "It's not like you went behind anyone's back and all of a sudden there is a 200 acre motocross facility in the back yard," shows that he doesn't know the whole story. Actually, John, that is exactly how it happened. The first time any of the neighbors knew there was a motocross facility was when Doug held his first event, a Hare Scramble at the end of February, 2010. It was news to us.
Just wanted to clear up a few misconceptions on the part of Moto Mania and their supporters.
As soon as I can get a current (Lyle's 2006 version) of the Hayes Township Ordinance, I'll write with some analysis. It should be interesting.
Monday, September 13, 2010
Hayes Township Resolution Compliance with Clare County Master Plan, Part 1
The Hayes Township Planning Commission, at a Special Meeting on 17 May 2010 adopted a resolution with regard to the Special Use requested on the Gamble-Longenecker property by Doug Longenecker. This is the first in a series of posts that endeavor to analyze point by point how the resolution adopted by the Planning Commission and currently in appeal to the Hayes Township Zoning Board of Appeals complies or does not comply with the Clare County Master Plan 2004 (The most recent Master Plan), The Hayes Township Master Plan 2002-2021 (The most recent Master Plan) and the Hayes Township Zoning Ordinance, Effective Date October 24, 2001 (Most recent Zoning Ordinance found on the Hayes Township's website).
Inasmuch as the Master Plans are guidelines to be used in crafting the Ordinance, and do not carry the weight of the law that the Ordinance does, I will address these first, as they are the foundation upon which the Ordinance is based.
The questions posed are to present some food for thought.
Hayes Township Resolution Compliance With Clare County Master Plan 2004 (Most Recent County Master Plan)
The page numbers refer to the Clare County Master Plan unless otherwise specified.
1. Page 49: There are 28 miles of free public snowmobile trail in Clare County.
Does this not meet the needs of the residents of Hayes Township for recreational snowmobiling? Are these 28 miles of trail inadequate?
2. Page 49: The Designated Leota ORV Trail is 55 miles long and can be accessed from Clare County. 13 Miles of the Leota Trail are in Clare County. The Leota Trail is free to ride.
Does this not meet the need of the residents of Hayes Township for recreational ORV riding? Are free trails not more desirable to the residents of Clare County than a business facility that will charge membership fees and a daily fee to ride?
3. Page 39 of the most current Clare County Master Plan: The median income level in the county is $28,845, and 12.1% live below the poverty level in the County.
4. Page 5 of the most recent Hayes Township Master Plan states that, “Generally, the income levels for Hayes Township are low when compared to the surrounding communities and the County,” and, “In terms of the percentage of persons below the poverty level , Hayes Township and all of the surrounding communities have percentages above 20%. Figures on page 18 put the number at 27%.
5. According to a posting on June 2, 2010 on the Moto Mania Facebook page, there will be an annual $25.00 membership fee plus a free of $20/day to ride.
Do Clare County and Hayes Township really need a commercial facility where snowmobilers and ORV riders must pay a membership fee and then pay additional fees to ride on a daily basis when there are free trails available?
As a member of TrailPass, Mr. Longenecker will be required to sell a certain number of TrailPass Memberships, either as an associate or an exclusive member. He receives TrailPass memberships on consignment for $40 apiece, and must sell them for $50 apiece. Will this be above and beyond the admission of $25 he will be charging for Moto Mania memberships?
Can the local residents afford to utilize this recreational facility? After the initial outlay of $25.00, a family of 4 can expect to spend $80.00/day of riding. How often can residents of Hayes Township afford to avail themselves of a day of riding at Michigan Moto Mania?
To be continued...
Inasmuch as the Master Plans are guidelines to be used in crafting the Ordinance, and do not carry the weight of the law that the Ordinance does, I will address these first, as they are the foundation upon which the Ordinance is based.
The questions posed are to present some food for thought.
Hayes Township Resolution Compliance With Clare County Master Plan 2004 (Most Recent County Master Plan)
The page numbers refer to the Clare County Master Plan unless otherwise specified.
1. Page 49: There are 28 miles of free public snowmobile trail in Clare County.
Does this not meet the needs of the residents of Hayes Township for recreational snowmobiling? Are these 28 miles of trail inadequate?
2. Page 49: The Designated Leota ORV Trail is 55 miles long and can be accessed from Clare County. 13 Miles of the Leota Trail are in Clare County. The Leota Trail is free to ride.
Does this not meet the need of the residents of Hayes Township for recreational ORV riding? Are free trails not more desirable to the residents of Clare County than a business facility that will charge membership fees and a daily fee to ride?
3. Page 39 of the most current Clare County Master Plan: The median income level in the county is $28,845, and 12.1% live below the poverty level in the County.
4. Page 5 of the most recent Hayes Township Master Plan states that, “Generally, the income levels for Hayes Township are low when compared to the surrounding communities and the County,” and, “In terms of the percentage of persons below the poverty level , Hayes Township and all of the surrounding communities have percentages above 20%. Figures on page 18 put the number at 27%.
5. According to a posting on June 2, 2010 on the Moto Mania Facebook page, there will be an annual $25.00 membership fee plus a free of $20/day to ride.
Do Clare County and Hayes Township really need a commercial facility where snowmobilers and ORV riders must pay a membership fee and then pay additional fees to ride on a daily basis when there are free trails available?
As a member of TrailPass, Mr. Longenecker will be required to sell a certain number of TrailPass Memberships, either as an associate or an exclusive member. He receives TrailPass memberships on consignment for $40 apiece, and must sell them for $50 apiece. Will this be above and beyond the admission of $25 he will be charging for Moto Mania memberships?
Can the local residents afford to utilize this recreational facility? After the initial outlay of $25.00, a family of 4 can expect to spend $80.00/day of riding. How often can residents of Hayes Township afford to avail themselves of a day of riding at Michigan Moto Mania?
To be continued...
Sunday, September 12, 2010
Michigan Moto Mania's Willingness To Compromise
On Thursday, 9 Sep 2010, Robin Longenecker said on Michigan Moto Mania's facebook page:
"They, the neighbors, are not willing to compromise. We have already had MeetingS and discussed conditions we are to follow(ie the second PC mtg). They just don't want MMM at all. We were willing to talk with them from the get go when they started calling the police the DEQ and everyone and their brother to shut us down (Back in early March). We told the police we would like to meet with them to discuss borders and such. Trust me that would have been the way we wanted things to go. Too much on the line now."
Since I cannot post a rebuttal on the MMM facebook page (because those with dissenting opinions get banned), I will post my rebuttal here. In contrast, I welcome dissenting opinions as long as those opining keep it polite and the pettiness and name calling to a minimum. I will moderate for foul language and ad hominem attacks.
It is my opinion that since Robin can make statements like the above quote without any refutation from dissenting voices, she can tell it the way she wants her audience to read/hear it. I don't believe that Doug had any inclination to discuss anything with the neighbors until a lawsuit was filed against him. After the lawsuit was filed, he can portray himself as the victim of the mean neighbors that want to take away his dream. That garners a lot of sympathy from his supporters and casts the real victims in a bad light. (And, to be fair to Doug, I think both Doug and the neighbors are the victims of small town politics and personal agendas in seats of local power.) I don't think Doug ever wanted to discuss a compromise with the neighbors, and I don't think he really wants to now. Here's why:
Not a single neighbor can remember any attempt on the part of Doug Longenecker to contact them with regard to his intent to purchase the Gamble property on Mostetler Road, to seriously discuss his intention for the property prior to purchasing in that location. Any one of the neighbors could have and would have told him back then before he wasted his money that none of us wanted to live within a mile of a motor sports business. Who knows? Maybe one of us could have helped him find a more appropriate location properly zoned. Then this mess never would have happened. I guess we'll never know.
After it was a done deal and the back door fix was in, it was a little late for discussion. The neighbors only found out that there was a motor sports business going in when trees started coming down and at least one neighbor lost trees from his property in the denuding of the Gamble-Longenecker property. While no one was particularly happy about the trees coming down on what we still thought was Mr. Gamble's property, we recognized that it was his right to cut down trees on his own property. When Mr. Longenecker held his first event, a Winter Hare Scramble, that was when we found out there was a motor sports business going in on Mostetler Road and that Mr. Longenecker had purchased the land for that purpose. During the Winter Hare Scramble, at least one neighbor's property was trespassed upon by racing motocross bikes. When was Doug planning to talk to the neighbors about "borders and such?" If Doug wanted to discuss "borders and such," why his unwillingness to have a proper survey to define the borders of the property he purchased? Isn't the onus to have a survey on the seller and buyer of the land rather than the neighbors of said property in regular real estate transactions?
By the time the neighbors found out there was anything to discuss, it seems that discussions had already taken place between Doug Longenecker, members of the Hayes Township Planning Commission and certain members of the Hayes Township Board of Trustees; and the neighbors were left out of the loop. I personally believe it was an intentional oversight on the part of the Township. Decisions had been made without discussing anything with the neighbors. When did Doug intend to talk to the neighbors?
It seems that talking to the neighbors became a desirable thing to do when the neighbors objected and started asking questions. Back at the beginning of March, the neighbors started asking questions at Hayes Township and were informed by Jim Van Wormer, the Zoning Administrator, that things were not done properly and the Planning Commission was going to have Doug resubmit his paperwork and proper proceedure was going to be followed. The first time the neighbors had an opportunity to weigh in with their opinions and concerns was at the 16 March 2010 Hayes Township Board of Trustees Meeting. They were understandably upset. I attended that meeting, and while two of his local supporters, representing a local campground and the local 4X4 offroad facility had a few things to say, Doug was nowhere trying to have any kind of discussion with the neighbors. But after he and the Township had made the neighbors angry was probably not the right time to try to discuss things with them. That probably would have been too little too late.
The neighbors felt that the right thing to do was to cause all work to stop on the property while this thing was hashed out. Neither Doug nor the Planning Commission were inclined to make that happen, and the neighbors were informed in a 10 page opinion paper by then Hayes Township attorney Dreyer that the township did not have the authority to cause the work on the property to stop while we were getting it all straightened out, and the only recourse the neighbors had was to take the matter to court, a move the township was betting the neighbors wouldn't make. The township thought that the neighbors would gripe and complain while they pretended to listen to us and then the matter would be dropped, everyone would get past that little hiccup, Doug would contintue to build Michigan Moto Mania, the neighbors would eventually shut up and everyone would move on and do what they were going to do in the first place. That was the sum total of the "discussions" with the neighbors.
So the neighbors filed a lawsuit to receive the redress that the township was unwilling to give them. All we wanted was for the work on Michigan Moto Mania to stop while this was being hashed out through the process.
The neighbors naiively believed that by letting the so-called process work, we had a chance of seeing a wrong made right for everyone, including Doug. All the "process" turned out to be was the Planning Commission going through the motions to come to the same foregone conclusion. At what point in that process did Doug directly reach out to the neighbors to discuss anything? Not one neighbor received a phone call, a knock on the door, or an invitation to sit down and discuss anything, even through his lawyer. He could have put an ad in his favorite local newspaper asking for a sit down with the neighbors, but he didn't.
Doug's "redo" of the "process" showed his complicity in the sham that it was. When did he ever ask for input or discussions with the neighbors? The only allusion to discussions with the neighbors was Robin's complaints on Michigan Moto Mania's facebook page about the unwillingness of the neighbors to discuss anything. As the wronged party, (hence the lawsuit), it was not the neighbors' place to reach out to Doug. He seemed to prefer to have the township "mediate" any discussions with the neighbors for him. He saw the township as his advocate with the neighbors.
What the Planning Commission effectively did was to tell the neighbors and Doug, "This is what we're going to do, this is how we're going to restrict you, Doug, and everyone just suck it up." The Planning Commission was not interested in anything but "How can we force this to happen?" They have no intention of ever enforcing any of the restrictions they put on the property, and Doug has already shown his willingness to thwart those restrictions. That has been made clear by the words and actions of the various Hayes Township boards, certain individual board members, and Doug Longenecker himself. No one wanted to talk until it was a fait accompli.
The police have never conveyed any messages from Doug that he wanted to sit down and talk.
For awhile, what Doug naiively believed was that the township was completely in his corner. That was until things stopped going his way. What Doug is finding out is they are in Hayes Township's corner and following the path of least litigation and what's in their own individual and collective best interests.
As Robin says, there's too much on the line now. As far as the neighbors are concerned, there is much more on the line than a motor sports park.
"They, the neighbors, are not willing to compromise. We have already had MeetingS and discussed conditions we are to follow(ie the second PC mtg). They just don't want MMM at all. We were willing to talk with them from the get go when they started calling the police the DEQ and everyone and their brother to shut us down (Back in early March). We told the police we would like to meet with them to discuss borders and such. Trust me that would have been the way we wanted things to go. Too much on the line now."
Since I cannot post a rebuttal on the MMM facebook page (because those with dissenting opinions get banned), I will post my rebuttal here. In contrast, I welcome dissenting opinions as long as those opining keep it polite and the pettiness and name calling to a minimum. I will moderate for foul language and ad hominem attacks.
It is my opinion that since Robin can make statements like the above quote without any refutation from dissenting voices, she can tell it the way she wants her audience to read/hear it. I don't believe that Doug had any inclination to discuss anything with the neighbors until a lawsuit was filed against him. After the lawsuit was filed, he can portray himself as the victim of the mean neighbors that want to take away his dream. That garners a lot of sympathy from his supporters and casts the real victims in a bad light. (And, to be fair to Doug, I think both Doug and the neighbors are the victims of small town politics and personal agendas in seats of local power.) I don't think Doug ever wanted to discuss a compromise with the neighbors, and I don't think he really wants to now. Here's why:
Not a single neighbor can remember any attempt on the part of Doug Longenecker to contact them with regard to his intent to purchase the Gamble property on Mostetler Road, to seriously discuss his intention for the property prior to purchasing in that location. Any one of the neighbors could have and would have told him back then before he wasted his money that none of us wanted to live within a mile of a motor sports business. Who knows? Maybe one of us could have helped him find a more appropriate location properly zoned. Then this mess never would have happened. I guess we'll never know.
After it was a done deal and the back door fix was in, it was a little late for discussion. The neighbors only found out that there was a motor sports business going in when trees started coming down and at least one neighbor lost trees from his property in the denuding of the Gamble-Longenecker property. While no one was particularly happy about the trees coming down on what we still thought was Mr. Gamble's property, we recognized that it was his right to cut down trees on his own property. When Mr. Longenecker held his first event, a Winter Hare Scramble, that was when we found out there was a motor sports business going in on Mostetler Road and that Mr. Longenecker had purchased the land for that purpose. During the Winter Hare Scramble, at least one neighbor's property was trespassed upon by racing motocross bikes. When was Doug planning to talk to the neighbors about "borders and such?" If Doug wanted to discuss "borders and such," why his unwillingness to have a proper survey to define the borders of the property he purchased? Isn't the onus to have a survey on the seller and buyer of the land rather than the neighbors of said property in regular real estate transactions?
By the time the neighbors found out there was anything to discuss, it seems that discussions had already taken place between Doug Longenecker, members of the Hayes Township Planning Commission and certain members of the Hayes Township Board of Trustees; and the neighbors were left out of the loop. I personally believe it was an intentional oversight on the part of the Township. Decisions had been made without discussing anything with the neighbors. When did Doug intend to talk to the neighbors?
It seems that talking to the neighbors became a desirable thing to do when the neighbors objected and started asking questions. Back at the beginning of March, the neighbors started asking questions at Hayes Township and were informed by Jim Van Wormer, the Zoning Administrator, that things were not done properly and the Planning Commission was going to have Doug resubmit his paperwork and proper proceedure was going to be followed. The first time the neighbors had an opportunity to weigh in with their opinions and concerns was at the 16 March 2010 Hayes Township Board of Trustees Meeting. They were understandably upset. I attended that meeting, and while two of his local supporters, representing a local campground and the local 4X4 offroad facility had a few things to say, Doug was nowhere trying to have any kind of discussion with the neighbors. But after he and the Township had made the neighbors angry was probably not the right time to try to discuss things with them. That probably would have been too little too late.
The neighbors felt that the right thing to do was to cause all work to stop on the property while this thing was hashed out. Neither Doug nor the Planning Commission were inclined to make that happen, and the neighbors were informed in a 10 page opinion paper by then Hayes Township attorney Dreyer that the township did not have the authority to cause the work on the property to stop while we were getting it all straightened out, and the only recourse the neighbors had was to take the matter to court, a move the township was betting the neighbors wouldn't make. The township thought that the neighbors would gripe and complain while they pretended to listen to us and then the matter would be dropped, everyone would get past that little hiccup, Doug would contintue to build Michigan Moto Mania, the neighbors would eventually shut up and everyone would move on and do what they were going to do in the first place. That was the sum total of the "discussions" with the neighbors.
So the neighbors filed a lawsuit to receive the redress that the township was unwilling to give them. All we wanted was for the work on Michigan Moto Mania to stop while this was being hashed out through the process.
The neighbors naiively believed that by letting the so-called process work, we had a chance of seeing a wrong made right for everyone, including Doug. All the "process" turned out to be was the Planning Commission going through the motions to come to the same foregone conclusion. At what point in that process did Doug directly reach out to the neighbors to discuss anything? Not one neighbor received a phone call, a knock on the door, or an invitation to sit down and discuss anything, even through his lawyer. He could have put an ad in his favorite local newspaper asking for a sit down with the neighbors, but he didn't.
Doug's "redo" of the "process" showed his complicity in the sham that it was. When did he ever ask for input or discussions with the neighbors? The only allusion to discussions with the neighbors was Robin's complaints on Michigan Moto Mania's facebook page about the unwillingness of the neighbors to discuss anything. As the wronged party, (hence the lawsuit), it was not the neighbors' place to reach out to Doug. He seemed to prefer to have the township "mediate" any discussions with the neighbors for him. He saw the township as his advocate with the neighbors.
What the Planning Commission effectively did was to tell the neighbors and Doug, "This is what we're going to do, this is how we're going to restrict you, Doug, and everyone just suck it up." The Planning Commission was not interested in anything but "How can we force this to happen?" They have no intention of ever enforcing any of the restrictions they put on the property, and Doug has already shown his willingness to thwart those restrictions. That has been made clear by the words and actions of the various Hayes Township boards, certain individual board members, and Doug Longenecker himself. No one wanted to talk until it was a fait accompli.
The police have never conveyed any messages from Doug that he wanted to sit down and talk.
For awhile, what Doug naiively believed was that the township was completely in his corner. That was until things stopped going his way. What Doug is finding out is they are in Hayes Township's corner and following the path of least litigation and what's in their own individual and collective best interests.
As Robin says, there's too much on the line now. As far as the neighbors are concerned, there is much more on the line than a motor sports park.
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