Michael Turisk Alleges Free-Range Chickens Trespassing

It is certainly unfortunate that the previous Board of Commissioners fell victim to Administrator Lawson's selection of Michael Turisk as the sole candidate for P & Z Director. Mr Turisk has no degree in community planning, no professional certifications, and no experience with Michigan's Planning Enabling Act. 

Commissioner Gouine introduced the subject of the "trespassing chickens" at a public meeting in 2018. Mr Turisk had been ineffectively addressing the problem and the complainant had finally contacted Commissioner Gouine. She described Mr Turisk as evasive and non-responsive to her complaint. 

The issue? The keeping of free range chickens in a P-LS District on the west side of Mullett Lake and their trespass onto adjacent private property. Chickens are allowed in M-AF and with some limitations in Rural Character zoning. Chickens, defined as  "SMALL DOMESTICATED ANIMALS", are not permitted in other zoning districts. 

Mr Turisk proved his ignorance of Ordinance #200, the laws he is supposedly enforcing, and gets off into the weeds. He questioned protection of this illegal activity by Michigan's Right to Farm Act. He turns to numerous people looking to find some individual to do his job. He reaches out to legal counsel, Steve Schnell, and eventually MSU.

The issue dropped off my radar and I assumed the complaint had been resolved. Attached are just a small portion of the correspondence related to this complaint. Mr Turisk's second draft enforcement letter was sent to legal counsel for input. Mr Turisk mentioned "alleged chickens and their trespass".  He threatens some undefined enforcement after 30 days notice or his apology if a law is not being broken.  

Mr Wendling clarifies the law being broken is the keeping of chickens. Trespass is not the issue. Get rid of the chickens in the P-LS zoning district. 

Now, at the 6/5/2019 Planning Commission meeting, Commissioner Gouine advised the Planning Commission there had been no action taken on the "trespassing chickens". How evasive and ineffective can Mr Turisk be? From late September 2018 to June of 2019, he has still failed to address this complaint. 

The time for being led is over-Commissioners need to lead

Hello Commissioners,

Administrator Lawson will soon be recommending to the Board that you join the NLEA Broadband Consortium. I hope each of you will independently research this proposal and not blindly follow Mr Lawson down another primrose path promising a utopia for Cheboygan County. 

The NLEA falsely states "There currently exists high speed internet fiber in our area that is only accessible to schools, governments and hospitals.(and non-profits) In many instances, companies are left with internet service that is less than adequate or unavailable. Through the NLEA Broadband Consortium companies located within participating counties will have an additional option for services." 

In truth, Peninsula Fiber Network LLC offers fiber network access in Cheboygan County on the same route as MERIT that can be accessed by a number of existing last mile providers in Cheboygan County. There is no need for the NLEA consortium.   

The proposed NLEA Broadband Consortium agreement was vetted by Emmet County legal counsel and is a public document. Since that legal review, Emmet and the NLEA have severed their relationship. Emmet's legal counsel identified the open-ended financial commitment (Section 7.1) and the lengthy 5 year agreements with automatic renewals. As with any NLEA proposal, there is no promise of performance or a quid pro quo service in exchange for signing the agreement.   

The public documents sourced from Administrator Lawson under my FOIA request are months of effort from Buck Love/NLEA attempting to rush this consortium agreement to your desks. The first 2018 proposal included Emmet, and now the latest proposed 2019 agreement is only 3 counties.  Antrim, Charlevoix, and the poor country cousin-Cheboygan County.  

From the NLEA website: There are several examples throughout our NLEA region where our informal NLEA Broadband efforts have assisted companies to receive much needed high speed internet and competitive bids to compare pricing with current service providers. Both options saved companies money and provided better service. The NLEA Board feels that now is the time to formalize our efforts for greater impact.

Hats off to Charlevoix Commissioner (and NLEA Board member) Chris Christensen for leading this effort with a “missionary zeal” over the past several years. His leadership, along with Charlevoix County Administrator Kevin Shepard (also NLEA Board member) and consultant Eric Granstaff have been instrumental in the progress made on this important effort. Buck Love (NLEA Business Retention) serves as our staff lead.

The NLEA, after watching Charlevoix Commissioner Chris Christensen become  involved with MERIT years ago, now wants to jump on the moving wagon. There are some obvious conflicts of interest. An employee of a Cheboygan County firm lobbying for the NLEA consortium is a current NLEA Board member. The NLEA involvement might financially benefit his employer while exposing all Cheboygan County taxpayers to the risk of unknown future liabilities.    

Cheboygan County's decision to join the NLEA in 2007 has failed to provide any measurable business or economic growth. Cheboygan's Community Development Department, after a decade of failure under Director Steve Schnell, no longer exists. 

The time for being led, being told what to do by staff is over.  It is time for the Board of Commissioners to lead Cheboygan County.     

Thank you,

Carl Muscott

https://www.merit.edu/merit-member-wins-broadband-hero-award/

Emmet County's support of Great Lakes Energy Broadband

https://www.facebook.com/jointruestream/

Peninsula Fiber Network LLC - Fiber network in Cheboygan County 

https://pfnllc.net/

Hiring Unqualified P & Z Director-Who Should Be Fired ?

January 18, 2019

Commissioners,

Please accept this correspondence as a public document for the next available Board of Commissioners meeting. 

Wednesday night's 1/16/2019 Planning Meeting and Public Hearing was another Michael Turisk FIASCO. It began when Mr Turisk published notice on 12/26/2018 of the Public Hearing and excluded the additional amendment, Section 21.2-Administrative Search Warrant from the notice. I knew it was tagged onto the end of the Solar Ordinance amendment despite the fact it is an enforcement tool that would apply to the entire Ordinance #200. 

Mr Turisk failed to communicate any of this to the public continuing his ongoing habitual failure to post hearing information or packets until only a few days before a hearing. He did convey a Memo to the Planning Commission dated 1/15/2019 advising them the Administrative Search Warrant was removed from the agenda. That was hidden in page 38 of the packet. Had Turisk amended the posted agenda, or made any attempt to advise the public of that, dozens of people could have enjoyed an evening at home and attended some future hearing for the proposed Section 21.2. 

Please reflect on how many times have I emailed the Commissioners as an elected body advising you that Mr Michael Turisk is wholly unqualified to serve as a Director of Planning and Zoning in Cheboygan County.

My messages to the County Board started in April 2018 when I noticed and advised the prior B of C at the annual meeting at Audies that Mr Turisk had submitted two job applications. The first was on 7/14/ 2017 for Scott McNeil's Planner I position. That was about the time Mr Turisk left his former employer. For some still unknown reason, Mr Steve Schnell or Administrator Lawson hired no one from that pool of applicants. 

The second application for P & Z Director, essentially Steve Schnell's old job, included Turisk's same resume and job history, except one prior employment period had an annual salary increased by about $5,000 to reach the $62,300 range. 

Ignoring the fact that Mr Turisk met none of the preferred or desired qualifications, he was hired with the prior Board of Commissioners fully aware and willing to ignore the proof of a fraudulent job application that also included a personal reference, Cynthia Homant that shared a home address with Mr Turisk. 

The prior Board of Commissioners were told by Administrator Lawson at the April 10,2018 B of C meeting that, “The position of Director of Planning and Zoning was advertised by the County on web based job platforms, Michigan Association of Counties, County web site and local paper. County received approximately 17 applications for the position.”

Administrator Lawson’s Recommendation: “Motion to approve employment agreement with and appoint Michael C. Turisk as Director of Planning and Zoning. Motion to appoint Michael C. Turisk as Zoning Administrator upon beginning employment.”

Administrator Jeff Lawson presented the Director of Planning and Zoning Employment Agreement. He stated the position of Director of Planning and Zoning was advertised by the County on the web based job platforms, Michigan Association of Counties, County web site and in the local paper. The County received 17 applications for the position. Motion by Commissioner Gouine, seconded by Commissioner Bolinger, to approve an employment agreement with and to appoint Michael C. Turisk as Director of Planning and Zoning and also appoint him as the Zoning Administrator upon beginning employment. A roll call vote was held. Motion carried with 7 yes, 0 no and 0 absent.

Administrator Lawson’s  report to the Board that there were approximately 17 applications received for the position omitted important facts. These facts were discovered by a recent FOIA request for written communications related to the interview/hiring process that culminated in the recommendation and hiring of Michael Turisk for the position of Director of Planning & Zoning.

Out of the “approximately 17 applications for the position”, Administrator Lawson failed to disclose there was one submission that was not a result of the extensive advertising and posting for the position. That person was solicited by email on February 18, 2018 by Mr Lawson to submit an application. Another personal email on February 23, 2018 reminded that person there was a job posting for the Director of Planning & Zoning and that Mr Lawson looked forward to talking with him.

County Administrator Lawson invites Michael Turisk to Apply for Director of P & Z
The only invitee, the only interview, the only candidate recommended 

About two weeks later, there is an email from Michael Turisk to Administrator Lawson expressing his thanks to Mr Lawson for the lengthy interview by telephone and a desire to work for Cheboygan County. The next emails exchanged are a record of travel arrangements and scheduling for an in-person interview with Michael Turisk and an ad hoc committee that still has no written record of attendees or meeting minutes from behind the closed doors.  

Legal counsel Bryan Graham’s June 6, 2018 memo responding to an inquiry of the legality of Administrator Lawson’s hiring process, quoting the conclusion, was made without these facts.“In conclusion, based on the above it is my opinion that the procedures you followed to

interview candidates for the Director of Planning & Zoning, including the formation of

the committee to assist you, did not violate the Open Meetings Act. As a result, these

procedures can be continued. If you have any questions, please let me know. “

The actual hiring process used by Administrator Lawson was a procedure that ignored all of the other applicants, proven by his inability under FOIA law to provide any record of a written response to any other applicants. Legal counsel’s “opinion that the procedures you followed to interview candidates for the Director of Planning & Zoning” was given ignorant of the fact that Administrator Lawson has no record of any other applicant’s communications or preliminary candidate interviews.   

Some of the current Cheboygan County Commissioners were party, I suspect unknowingly, to the now documented and what might be judged unethical actions employed by Administrator Lawson to hire an unqualified and incompetent individual that was personally invited to apply. To reiterate, Administrator Lawson personally invited Michael Turisk to apply, then interviewed Turisk by telephone, and later arranged for an undocumented, un-recorded, and closed-door interview meeting with an ad hoc committee consisting of several still unidentified County Commissioners and Michael Turisk.     

Of the “approximately 17 applications for the position”, Administrator Lawson only interviewed the candidate he personally invited to apply for the job. That action, the fraudulent prior salary on the resumes, plus the well-documented inability of Michael Turisk to function at a professional level despite the hundreds of often-inane questions to legal counsel since July of 2018 should be more than adequate reason to terminate his employment.

I cannot see any remedial action that could correct Mr Turisk’s shortcomings. After more than a decade of employment in planning, he still has no degree in land use or planning. He stated in his July 2017 application for Planner I that he was approved to sit for his AICP exam in November 2017. There was no mention of any certification in his February application for the position of Director of Planning & Zoning. His direct manager in Colorado Springs, obviously restricted by HR policy, stated diplomatically, “I will say that Mike’s laid back demeanor may not have been a great fit for our fast-paced environment.”

I thank each of you for your time and remain confident that you will act in the best interest of the residents and taxpayers of Cheboygan County. Please terminate this employee before there are more serious failures or possible legal recourse resulting from his failures and/or your failure to act.

Carl Muscott    

Indian River

Unable to attend the Wednesday night Public Hearing?

The Cheboygan County Planning Commission plans to enact an Administrative Search Warrant in violation of your Fourth Amendment rights protecting your home and property from unreasonable searches. The Planning Commission has tacked onto the proposed Solar Energy amendment this unrelated search warrant (inspect) your home or property without probable cause or any proof that a crime is being committed.

Section 8. Amendment of Article 21

Article 21 of the Cheboygan County Zoning Ordinance No. 200 is hereby amended to add a new Section 21.12. which shall read in its entirety as follows: 21.12.

Duty to Inspect; Administrative Search Warrant

It shall be the duty of the Zoning Administrator, or other official designated by the County Board of Commissioners, to inspect land, buildings and/or structures to determine violations of or compliance with this Ordinance. The Zoning Administrator, or other official designated by the County Board of Commissioners, shall exercise this right of inspection by consent of the person having the right to possession of the land, building and/or structure or any part thereof, or by administrative search warrant issued by a court of competent jurisdiction.

If you are unable to attend Wednesday night’s Public Hearing to protest this attempt by the Planning Commission to violate our Fourth Amendment rights, please take a few moments to address your comments to the Planning Commission.

Debbie Tomlinson <  debbiet@cheboygancounty.net  >

Ask Debbie to print your comments for or against the “Administrative Search Warrant” for the Planning Commission Board and request that the Planning and Zoning Director Michael Turisk read your comments during the Public Comment period.  

January 16, 2019 Planning Hearing-Secreted Agenda

The current Cheboygan County Planning and Zoning Director Michael Turisk has a proclivity to simple-minded errors. As staff support for Planning Commission meetings, he has forgotten to record meetings and hearings on more than one occasion. He has scheduled and noticed numerous hearings and meetings without a basic understanding of Michigan's Planning and Enabling Act, our local government units, or who has jurisdiction over our state or county roads.  

This is the Notice of a Public Hearing published by Michael Turisk on December 26, 2018 for a January 16th hearing. Somewhere in the middle of the second paragraph is mention of an amendment to Ordinance #200 to permit Solar Energy systems. This amendment will allow a proposed $60 million dollar Solar Farm to proceed to in Grant Township.

Michael Turisk published this notice advertising that the related documents were 

available for viewing. A full 16 days later, on Friday afternoon, January 11, 2019, the full document packets were finally made available to the public. 

     

That second paragraph republished from the Legal Notice now includes the secret agenda. "In addition, the proposed ordinance would amend Article 21 (Administration and Enforcement) regarding duty to inspect and administrative search warrants."  

This amendment empowers MIchael Turisk and his staff to "inspect", AKA search, your property and home at any time with your consent and with a search warrant if you do not consent.   

Section 8. Amendment of Article 21 Article 21 of the Cheboygan County Zoning Ordinance No. 200 is hereby amended to add a new Section 21.12. which shall read in its entirety as follows:

21.12. Duty to Inspect; Administrative Search Warrant

It shall be the duty of the Zoning Administrator, or other official designated by the County Board of Commissioners, to inspect land, buildings and/or structures to determine violations of or compliance with this Ordinance. The Zoning Administrator, or other official designated by the County Board of Commissioners, shall exercise this right of inspection by consent of the person having the right to possession of the land, building and/or structure or any part thereof, or by administrative search warrant issued by a court of competent jurisdiction.

Cheboygan County Planning and Zoning, the people who tried to ban campers, trailers, short-term rentals, and political signs on your own property wants to violate your Fourth Amendment Rights  

4th Amendment to U.S. Constitution • The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

This law will give Cheboygan County enforcers the right to “inspect” your property and buildings with your consent, or if you refuse, by search warrant.  No evidence of a crime needed, they just want “to determine violations of or compliance” with the zoning law.

This new zoning law will be subject to a Public Hearing on January 16, 2019 at 7 PM, Room 135 at the Cheboygan County Building. 

There was no 15 day legal notice as required by law. Section 21.2 is not specific to the Solar System amendment and should be removed from the agenda and hearing. 

If you cannot attend, please protect your Fourth Amendment Rights to secure your property and home by protesting to one or all of your Cheboygan County Commissioners.

800 MHZ Millage Language vs Capital Improvement Plan

The 800 MHZ ballot language as approved by the Emmet County Board of Commissioners is as follows:

“Shall the total taxable property rate limitation in Emmet County be increased by .31 of a mill (31 cents for each $1,000 in valuation) and levied for five (5) years, beginning in the year 2019 and continuing through the year 2023, inclusive, for the purpose of financing facility, equipment, maintenance and operating costs of the Charlevoix, Cheboygan, and Emmet County 911 (CCE) public safety call answering and dispatch services? If approved and levied in its entirety, this millage raises an estimated $896,565 in the first calendar year after its approval “

Emmet County already has millions of dollars of debt. Please note the use of the word "financing ..." in the above proposal. 

The 800 MHZ ballot language as approved by the Charlevoix County Board of Commissioners is as follows:

"Shall the tax limitation imposed under Article IX, Section 6 of the Michigan Constitution on the amount of ad valorem taxes which may be levied by the County of Charlevoix, State of Michigan, against taxable property in the County be increased by up to .5 mills ($.50 per $1,000 of taxable value) for a period of three (3) years, 2018 through 2020, inclusive, for the purpose of providing Charlevoix County's share of the funds needed by the CCE 911 Central Dispatch Authority(CCE) to purchase, install, maintain, and replace upgraded radio equipment for use by CCE and emergency service providers within Charlevoix County, and shall the Charlevoix County Board of Commissioners be authorized to levy such millage for these purposes?  If approved and levied in its entirety, this millage would raise an estimated $1,074,742 for Charlevoix County in 2018."

Charlevoix County stated they have funds sufficient to pay for needed 911 infrastructure and the millage spread over 3 years will pay for upgraded radio equipment.  

The 800 MHZ ballot language as approved by the Cheboygan County Board of Commissioners is as follows:

"Shall the tax limitation imposed under Article IX, Section 6 of the Michigan Constitution on the amount of ad valorem taxes which may be levied by the County of Cheboygan, State of Michigan, against taxable property in the County be increased by up to .5 mills ($.50 per $1 ,000 of taxable value} for a period of four {4} years, 2018 through 2021 , inclusive, for the purpose of providing Cheboygan County's share of the funds needed by the CCE 911 Central Dispatch Authority {CCE} to purchase, install, maintain, and replace upgraded radio equipment for use by the CCE and emergency service providers within Cheboygan County and to upgrade radio system infrastructure, including tower and tower equipment, required by the upgraded radio equipment, and shall the Cheboygan County Board of Commissioners be authorized to levy such millage for these purposes? If approved and levied in its entirety, this millage would raise an estimated $717,761 for Cheboygan County in 2018."

Cheboygan County has millions of dollars in reserve funds, exceeding both the recommendations of the State of Michigan and the County's own fiscal policy. Only Cheboygan County has the excess cash reserves to pay now and not delay the radio upgrades. If the upgrades are needed, they should be prioritized and funded now, from the millions of dollars the County has in unassigned reserve funds. There are no good reasons  to spread the cost of the improvements over 4 years. Will Administrator Jeff Lawson and the County Commissioners be held accountable if a First Responder or Law Enforcement Officer is endangered or killed 2, 3, or 4 years from now because the millage is still trickling in? Vote no now and prioritize this needed upgrade.   

From Cheboygan County's current Master Plan:

Emergency 911 telephone service is provided to Cheboygan County through a multi-county 911 system for Cheboygan, Emmet and Charlevoix Counties. It is a state-of-the art enhanced 911 system, which provides emergency dispatch for all calls to the police, fire departments and ambulance service for the entire three county area. Police cruisers are equipped with laptop 107 “mobile data terminals” for direct communications between the 911 dispatch and the officers in the field. The mapping system used by the 911 system was developed through the use of satellite technology through a GPS (global positioning system) unit.  

Introduction: 

The Michigan Planning Enabling Act (Act 33, 2008) requires local municipalities that have adopted a master plan to annually prepare a Capital Improvement Program, a planning tool that can coordinate community planning, financial capacity and physical development. A Capital Improvement Program may be considered a blueprint for planning capital improvement expenditures, and seek, in part, to improve quality of life and achieve a community’s long-term goals. The Act provides that the Capital Improvements Program show those public structures and improvements in general order of their priority that in the judgment of the Planning Commission will be needed or desirable and can be undertaken within the ensuing 6-year period. 

The inclusion of a project in a Capital Improvement Program will not require any public entity or County department to fund or complete the project. This report has been prepared and projected on a one-time cash basis that lists the potential project and its estimated cost as provided by various agencies and departments. This cash method of reporting may suggest a substantial one-time cost for many improvements. Not considered are such factors as debt amortization or shared expenses such as grants or other sources of financial aid. 

The projects listed in this report should be identified or prioritized as needed or desirable by the Planning Commission and determine that they do not conflict with the adopted Master Plan. 

Definition: Capital Improvements for the purposes of this Capital Improvement Program shall be defined as additions to County assets which are the result of construction or purchase of land, buildings or facilities or renovations of the same, with an estimated useful life of five (5) years or more and exceed an estimated cost of $15,000.00.

Project Prioritizing Projects are presented in a general order of priority in consideration of factors listed in the following categories: 

 2 a) Needed (essential; should do): 

 Addresses an objective of the Master Plan. 

 Satisfies a legal obligation. 

 Corrects a condition dangerous to public health and safety. 

 Reduces future operating and maintenance costs. 

 Leverages local, state or federal funds. 

 Prevents irreparable damage to a valuable public facility. 

 Stimulates economic growth and private investment. 

b) Desirable (important; could do): 

 Provides a new or expanded level of service. 

 Provides a facility improvement that would enhance efficiency or use with minimal or no increase in operating costs. 

 Enhances cultural or natural resources.

Public Safety Emergency 911 services are part of the Cheboygan County Master Plan. The County Administrator, Planning Commission, and Board of Commissioners annually prepare a Capital Improvement Program to plan and prioritize capital improvement expenditures over $15,000.  All of these proposed "projects" are on the 2019 Capital Improvement Program. The 800 MHZ radio upgrade is not one of County Administrator Jeff Lawson's "pet" projects. Administrator Jeff Lawson and the County Commissioners know the public would vote no to additional taxes for most of these projects. The 800 MHZ radio upgrade is a hot button issue. It should prioritized and funded now, from the millions of dollars the County has in unassigned reserve funds, and the need to spread the improvements over 4 years will be avoided. 

Project Description

Project Title: Fuel Tank and Fuel Dock Replacement and Upgrade    $800,000

Agency: Cheboygan County Marina 

Project Title: County Building Security Windows and Doors                $100,000

Agency: County Building Maintenance Department

Project Title: County Building Trim Panel/Window Replacement         $550,000

Agency: Cheboygan County 

Project Title: County Building Elevator Replacement                           $250,000

Agency: County Building Maintenance Department

Project Title: County Building Court Room,                                          $100,000

Treasurer’s Office Remodel and Indigent Defense Meeting Rooms 

Agency: Cheboygan County 

Project Title: County Building Parking Lot Seal Coating                        $50,000

Agency: Cheboygan County 

Project Title: County Building Drive                                                     $200,000

Agency: Cheboygan County 

Project Title: Sand Road Senior Center                                                $35,000

Central Air Conditioning Upgrade 

Agency: Cheboygan County Council on Aging

Project Title: Sand Road Senior Center Parking lot                              $50,000

seal coating and paving 

Agency: Cheboygan County Council on Aging

Project Title: Wolverine Senior Center Parking lot resurfacing             $50,000

Agency: Cheboygan County Council on Aging

                                                                                                         _________

                                                                  Sub-Total                        $2,185,000

Project Title: Terminal Ramp Rehabilitation (2022)                             $635,000

Agency: Cheboygan Airport Authority

                                                                                                         _________       

                                                                    Total                             $2,820,000