To FOIA, or not to FOIA? That is the question

Although FOIA may sound like some exotic fungi, it is simply the acronym for the Freedom of Information Act. The Feds enacted this legislation first and then most states followed along in the 1970’s. Michigan revised their FOIA a few years ago with some user-friendly features meant to simplify and facilitate your right to know what your government is really doing behind closed doors.  Most bodies supply simple FOIA requests at no charge. That is the clear intent of the law. It is a Cheboygan County Watchdog’s and any concerned citizen’s best way to sniff around to uncover the truth, however smelly.   

Any of us are empowered to use FOIA and it is not rocket science.  Most government bodies will have a FOIA form you can fill out. A few strictly enforce use of a form, although the FOIA law does not mandate it. You can make a request verbally or in writing making sure you identify your inquiry is a FOIA request.  The trick, and it is a trick, is that the only information you can seek already exists as a created or recorded document. You cannot ask a simple question: “how much did you get paid in 2015?” You may ask, “Please provide a copy of your W-2 as submitted to the IRS for 2015”. It helps to know exactly what you are looking for and sometimes “No such document exists” is the answer needed.

A recent FOIA inquiry sought to substantiate public statements made by Cheboygan County Community Development Director Steve Schnell demonstrates the power this tool offers any private citizen. Mr Schnell commented at a public meeting that complaints about “vacation rentals”, short-term rentals of waterfront homes, were becoming an issue that would require enforcement. It is a widespread long-standing practice and people took Mr Schnell’s comments as truthful. In fact, Mr Schnell had already used “enforcement letters” advising people they were breaking the law and to cease renting within 30 days. Mr Schnell knew one local resident was going to seek redress with a use variance before the Zoning Board of Appeal. This action brought the issue to public view. ZBA Chairperson Chuck Freese made the correct decision, accepted the request to table the variance, sending the issue to a Planning Commission meeting. Protesting property owners filled the room.

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I sought any records of written complaints and enforcement letters with a FOIA. Mr Schnell responded with a FOIA worksheet requesting $27.22 for a labor fee. That was supposedly for 85 minutes of time. He provided no clue to how many documents were included.  Mr Schnell was not in the building on the Friday when I appealed in person to County Administrator Jeff Lawson for a timely release of the information. What was Mr Schnell’s record of complaints? Screenshots of Vacation Rental by Owner (VRBO) webpages, a multi-page record of enforcement records, six actions in total, threatening enforcement letters sent to innocent homeowners, and no proof of any written complaints.

There was also one email from Mr Schnell to Cheboygan County legal counsel asking counsel’s opinion on the legality of enforcement. Mr Schnell falsely told legal counsel in the email: “We have recently begun to receive more and more complaints about neighbors renting their homes thru vrbo.com on a very transient basis. This is going to be a big effort to do enforcement on this.” Mr Schnell did eventually forward one written complaint. A resident in Beaugrand Estates, where deed restrictions restrict rentals, attempted to add to the threat of an attorney’s letter. Mr Schnell, always helpful even when less than honest, sent a letter falsely stating “It has come to our attention that a home on your property is being used as a tourist home and rented on a transient basis on your property located at XXXX Nicolet Drive in Beaugrand Township. This is not consistent with the use of single-family home and, in addition, is not a permitted use in the Lake and Stream Protection zoning district (Article 10) in which your home is located.” 

The illegality was renting in violation of a deed restriction. Mr Schnell has no power to enforce a deed restriction. The second FOIA request was for complaints in the last three years. Mr Schnell answered, ”In fulfillment of your FOIA request there are no additional materials which meet your criteria. Since I began in 2007 I only remember very few complaints regarding these matters.” That was not the “more and more complaints about neighbors renting their homes thru vrbo.com on a very transient basis” told legal counsel or the public. 

Steve Schnell argues his rules here...trust him??

The total cost for two FOIA requests, $27.22. The value of finding the truth behind a closed door is priceless.

Cheboygan County Community Development Director Steve Schnell Searches VRBO For Lawbreakers

The Cheboygan County Commissioner’s room was standing room only at the Planning Commission meeting on February 1, 2017 and the controversy for a change was not Meijer. Will what began as an ill-conceived letter writing campaign be resolved with public input and cooperation?  Last September, Community Development Director Steve Schnell addressed a letter to Andy Stempky.

Dear STEMPKY, ANDREW & NANCY HM/, It has come to our attention that a home on your property is being used as a transient rental at XXXX Hiawatha Drive in Aloha Township. In accordance with section 21.3.1 of Zoning Ordinance No. 200, it is a requirement in all districts of Cheboygan County that a property owner obtain zoning permit prior to changing the use of a property or constructing a building on their property. We are sending this notice in hope that being aware of this violation you will voluntarily take steps to correct the situation. This notice therefore allows 30 days for such compliance. The use of a home as a transient rental is not a permitted use in the Lake and Stream zoning district. If you feel this notice was sent in error or have any questions or concerns please do not hesitate to call me. Thank you in advance for your cooperation. Sincerely, Steve Schnell-Community Development Director.

That cease and desist letter also gave notice that a deck had been built without a permit and included a permit application. Typical for Steve Schnell are enforcement actions for already built decks, pole barns, and commercial buildings. Mr Schnell continues to make the rules he never enforces. He has created a career amending Planning & Zoning Ordinance #200 and that effort is at Amendment #140 and counting.

Now, seemingly out of character, the Community Planner has become “The Enforcer”. To give credit where it is due, Mr Schnell on his own initiative has interpreted that a use by right, a single-family home allowed in Lake & Stream Zoning becomes a different use if rented for less than a 30 day period. Do not look in Ordinance #200 for any mention of transient rental? There is none. He has picked the wrong thing to enforce. Anyone already financially impacted must direct the criticism toward Mr Schnell. No County Commissioner and no Planning Commission board member asked him to create a problem where there was none.

None of this is surprising from a Community Development Department that wasted everyone’s time reading word definitions from a multitude of dictionaries like a 5^th grade spelling bee during the Heritage Cove public hearings. Mr Schnell’s January 5, 2017 memo to the Planning Commission recommends repealing Section 17.3. “Single Family Dwellings.  A building containing not more than one dwelling unit designed for residential use…” Why? Will more cease and desist letters for transient rental use follow?

At the February 1st meeting, Mr Schnell shared his recentlyacquired knowledge of short-term rentals. He was correct to address possible negative issues. He had clearly been ignorant of the huge economic benefits to the owners and the community at large. That was why the protesters were there. He alleged growing numbers of complaints over the past few years. Really? Do those alleged complaints have the same substance as the debunked complaints that almost created a draconian ban on camper use in the county?  I have already asked for records of all the enforcement actions this year on “transient rentals” and the complaints, if there are any.The attendees at the February 1st Planning Commission meeting were not supportive of Mr Schnell’s enforcement actions.  The protesters came from all over and even outside the county. They presented sound, sane, and logical reasons with some sharing their personal situations and the economic need for short-term rentals. Too many long-time residents lamented the economic slide in Cheboygan County that is still accelerating. Job #1 is to strip the “Enforcer” of his super-powers by defining short-term rentals as a use by right for any residential neighborhood that desires it. The County Commissioners should take this opportunity to direct the Planning Commission to tool a new planning document that works to drive growth. Emmet County grows without benefit of a Community Development Director. We can do the same.