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.