Community Conversation 2014

Editor's note: I can't help but think that the people who attend functions like this one are the ones who have it in their power to help advance this community and get Iron County out of the economic depression we've been experiencing for decades. Two things happen: First nobody is willing to ask them to assume leadership roles and secondly no one is willing to apply the pressure necessary to get such an initiative going. In the end it doesn't matter what these folks think so long as they're not willing to do anything about anything/ 

Bill Vajk

========================================================================

Please join us for a Community Conversation to help set the agenda for Michigan in 2014, sponsored by The Center for Michigan.

WHERE: West Iron District Library

WHEN: Monday, March 24, 2014-4PM

RSVP: Sara Basso at 906-250-0416 or sara@bassoandbasso.us

Community meetings just like this are happening all over Michigan. Make sure your voice is heard.

For more information, call 734-769-4625, or visit thecenterformichigan.net

Community Conversations are presented by The Center for Michigan, a 501(c)3 nonprofit, non-partisan organization working throughout the state to amplify the voices of ordinary citizens and find common ground solutions for a more prosperous future. Please visit www.thecenterformichigan.net for more information.

What It Looks Like

This is what the bill for not using water, with the valve
shut off at the curbstop, looks like. This edition arrived
in today's mail.

The famous case Bolt v. Lansing says that no one can
be compelled to take water. I'm pretty sure that the
Court also meant that no one can be billed for water
they cannot be compelled to take! Otherwise their
statement would be nonsensical, and I'm certain that
the Michigan Supreme Court never publishes any
nonsensical decisions.

So the nonsense must come from the City of Iron River.

Anyway, the lawsuit should, if nothing else, prove
interesting.

Bill Vajk

A Piece of the Case Summary

The summons and complaints were served today on the
City of Iron River and Iron County, and the entire package
mailed to the Court of Appeals with the filing fee. A "case
summary" was included, part of which I reproduce below.

======================================
Although this case is about the violations of the Headlee
Amendment, Michigan Constitution Article IX § 31, in the
interests of understanding how we came to be at this
juncture, the case is significantly assisted by knowing a
bit if the history of the mainstream lawlessness that began
with the earliest days of Iron County and persists almost
unabated through the modern day.
It began with the “stolen courthouse” from which
history the county clerk republished the events of  1885,
see Exhibit “R”.

(editor's note- this is a segment of the Iron County Directory
of 2013)

The next major event occurred  in 1920 during Prohibition
with the Scalcucci brothers commercially making and selling
wine in Iron River. When federal officers were dispatched
from Chicago to put a stop to the illegal practice, local
officials were ordered to fire on anyone attempting to
enforce prohibition, and in the end were driven out of the
area. The event is a matter for an annual local three day
celebration. See the last page of Exhibit “R”.
Without delving into the details of this case too heavily at
this juncture, Plaintiff must here point out that the July 31,
2013 acts of amending Iron River ordinances in order to
allow the city council to establish new utility rates by
resolution instead of by ordinance directly violates the
alleged charter’s § 2.11(e). Please see Exhibit “B”. The
charter that Defendant City is allegedly obeying says an
ordinance is required to regulate the rate charged by a
public utility for its services. It is clear, in this act, and
others too numerous to discuss here, that Defendant City,
just like Defendant County, ignores the laws that govern
them unless and until someone like Plaintiff calls them to
task in court.
In Exhibit “S” Defendant City acknowledges no provision
of utilities to Plaintiff, but charges for them anyway,
knowingly violating the laws of this state and forcing the
situation to this Court for resolution that already exists in
the laws of the state.
As part of the election in November 2013, Defendant City
included a measure requesting the elimination of “conflict of
interest” by elected officials from the Iron River City Charter.
The deciding vote in the city council for the resolution to get
this measure on the ballot was cast by an individual who, at
that time, was knowingly in the very conflict he was trying to
get removed. Subsequently, after your Plaintiff complained to
the governor and the attorney general, the county prosecutor
investigated and asked two members of Iron River’s city
council to resolve the conflict issue by resigning one post or
the other. The city council, itself, did nothing while all the
members were knowledgeable about the conflicts that should
have been sufficient to keep the two from being sworn into
office and seated.
Unfortunately, both City and County defendants are so
deeply entrenched in their illegal activities that they seem to
have no way of stopping because once the first lie is told,
and then another to cover that up, the entire scheme just
spirals out of control and the lies can never stop. In
Exhibit “Q” Defendant County acknowledges it know the
source for the bills it will attempt to collect by undertaking
a foreclosure action, and ignores the illegality in Plaintiff’s
case.
That is why we are here, in order to get a fair hearing and
to break the cycle of lies, subterfuge, and deception, by
local governments who are thus damaging the Plaintiff, and
many others, financially.
======================================

It is well past time for municipalities to stop charging for
public utilities that are not delivered to citizens.

Bill Vajk

Is Futility our Hallmark?

This evening I posted Iron County's Strategic Plan for
the year 2000 at:

http://bill-vajk.angelfire.com/plan-2000.pdf

I note that not one single goal in that plan has been
achieved. This particular strategic plan was put
together by the team that included Ruth Briney, John
MacPherson, Kenneth Phillips, Bette Premo, Thomas
Rorabaugh, and J. Cyrus Warmanen.

I have to wonder why they put forth the effort to put
together this plan, and then simply disappear into the
background noise of Iron County.

Is futility the hallmark of Iron County?

Bill Vajk

Common Sense

Why is there such a shortage of common sense in Iron
River? The following is a letter to the editor submitted to
the Reporter.

=====================================

To the Editor:

Last summer the Iron River City Council all but
announced their intention to permanently close
Blossom Street that has a failed pavement because
they lack funds to make repairs. Unfortunately there
is only one way to fund street repairs, taxes. Of
course once properly fixed, the street would be fine
for decades.

Then, in January, the same city was approached and
asked for help by funding the Iron Line Dog Race
through sponsorship, and they agreed. The level of
funding was more than half of what it would take to
fix Blossom Street. The city did this while finding
street lights to shut off because they’re trying to save
money. What for, in case there’s another dog race
asking for money? What about the requests of citizens
for street repairs?

How many sources are there for money to sponsor a
dog race? Thousands. How long does a dog race last? A
few days.

Perhaps if Blossom Street were made part of a dog race
route the City Council might see fit to fix it. But they
can’t seem to fix it for humans. Hmmm!

=====================================

Yesterday I became involved in a discussion with a local
business owner whose philosophy is that if no one is living
on a street it shouldn't be repaired, just close it. That's
another exhibition of a lack of common sense. After all,
nobody lives on the Mackinac Bridge, or any of the
arteries in the US, but we don't close them because they're
important routes for others. The myopic views held by the
clique I keep talking about are killing this region.

There's no justification whatever for any Michigan municipal
government to fund a dog race and every justification for
keeping the streets in good repair.

What's wrong with you people?

Bill Vajk

Moving Right Along...

In my travels, and having lived and worked in different places,
one of the things I became acutely aware of is the difference
in some of the local cultures here in the USA. For example,
business in the NYC region relies heavily on social networks
where it comes to making agreements and generally doing
business with one another. The exception, that’s to be
expected, was in aerospace/defense where many suppliers
and the customer weren't part of the region, socially or
economically, in which the manufacturer functioned. To be
sure, all the people who worked there, from the CEO or local
equivalent, down to the guy who swept the parking lot, were
all part of the local social structure. But once at work, from a
business standpoint, local considerations didn't make it past the
front door.

I found Chicago to be very open and accepting. If anyone is
starting a new business, make sure your customers are either in
Chicago or some other region that’s similarly open to new
business relationships. And that’s the crux of the matter
explaining the failure of midwestern transplants to the New York
region. I saw many of them come and go when I lived at
Princeton. Typically they would last about a year, then they went
home. I don’t think they caught on to the way business is done in
the NY area. The few I talked to in what might be considered an
“exit survey” had no idea why they failed, but in the end, the
reason was that they didn't manage to break into the right social
circles in time to make a difference in their business strategies.
Migration to the west coast, on the other hand, proved a great
advantage to most transplants from the midwest. On the west
coast, midwesterners are the “go-getters.” Having heard plenty
on the topic from a  daughter and son-in-law in California
extended my knowledge base on this issue.

Because we have such a small population here in Iron County, a
set of circumstances similar to the NYC region exists here. If
you’re not enjoyed by the “in crowd” (and there’s only one here
in Iron County) you might as well whistle Dixie and look for
friendships wherever it is you go as a snowbird, you’re not
finding any meaningful socialization here.

Now that might sound as though I’m jealous or have hurt feelings.
Let me assure all readers that isn't the case at all. I have friends
up and down the east coast where I worked for decades, as well
as in the Chicago region, some overseas, and a few locally too. I
don’t need the local snobs in my life. My mother volunteered in
her community in her day, and found that the lasting friendships
were few and far between while some accused her of “social
climbing” at their expense. Now that, my friends, was jealousy
and hurt feelings arising out of their own failures to progress as
well as the best of them were able to. I am fortunate to be a
whole lot more  pragmatic than that and my world is a lot larger
than that of the majority of the local population. On the other
hand, there’s nothing wrong with living in a smaller world if
that’s what’s available to you and that’s what you want.

Moving right along, what this region needs badly is someone
somewhat like me, probably a lot better at business than I ever
was, who doesn't want to get caught up in/with local social
considerations, and is a lot younger than I am. Hire that
someone, and let that person or group run with their visions for
progress and the financial success of this county and region.
And for heavens sakes, don’t get this sort of initiative get
mixed up with adjoining counties, or we’ll end up with the short
straw again.

Sit down with that person and decide on a set of parameters
that are in stone. Which do we need, a railroad spur or a locally
based trucking company that can haul local products to a nearby
railway spur and load trains. Given the infrastructure we presently
have, including availability of utilities, roads, proximity to
railheads, and any other important considerations too numerous
to list here, where would the proposed heavy or light
manufacturing complex be best placed? Then let them run with
their mission. Don’t forget that we’re competing with New York
State that offers 10 years with no taxes for new businesses.

But I can hear the clique clamoring already, “I have this piece of
land….”

Forget it! The decision must be made by the individual we
(that’s right, all of us is “we”) hire for this position without
any consideration other than what’s best for all of us. And
that is going to be the problem with every decision, and that
impoverished mindset contributes heavily to the depressed
economy we live in today. Heaven forbid someone in the
clique get ahead while others, similarly situated, tread water.

Join me, come stand in God’s sunshine for a while, you’ll feel
better. And then realize that even someone else’s gain opens
new opportunities for you! They’re done, and you’re just
starting.

Well you now have the gist of what my current letter to the
editor intended for publication in this week’s Reporter is
about, above and beyond what I was able to provide in the
300 allotted words. Whether or not it ends up in the paper,
you were able to read it all here, so you have an advantage
already that’s denied to the others.

Letter to the editor follows:

-------------------------------------------------------------

The hospital is being taken over by Aspirus after losing about
$1.2 million in 2012. The clique that runs Iron County has
failed to run the hospital efficiently. While that group contains
most successful people in the county, their management and
entrepreneurial skill set is size-limited to the small businesses
they run well. Needless to say, it’s a subset of the same clique
that’s similarly run the EDC for decades.

Yes, we've had outsiders move into Iron County and
become part of that group. But they've done so at the
expense of abandoning the principles of success they
learned elsewhere in exchange for local social
acceptance.

The hospital is being taken over by a group that has no
apparent intention of becoming similarly localized. They
will eventually get our hospital back to supporting itself.
So the lesson is that if we are to get this county
economically viable again, we need to bring in people
with the necessary skills and give them a free hand to
achieve the sort of success this region had in earlier
days.

How can we achieve that given a non-existent budget?

1) Combine school districts, saving at least $ half-million
annually. Plow that money back into courses teaching
manufacturing skills beginning with welding, the most
needed trade in this region today. 2) Eliminate all
redundant municipalities, saving $1 to $2 million (or
more) annually, and spend that on hiring people who
can get industries to move here, assuring employment
and the economic growth that’s needed.

Of course nothing will happen if the single-issue
folks remain couch potatoes instead of holding our
elected officials’ feet to the fire every month at
meetings. Giving the EDC “another year” to waste
time and money is a well practiced decision to
procrastinate yet again.

Bill Vajk

Citizens Have No Voice In Michigan State Government

It is no wonder that citizens in Michigan don't assert
their rights more often. Governments in Michigan,
including the state, turn a blind eye to anything that's
inconvenient to the games that officials play with one
another and the tricks they play on citizens. The
corporate culture has run amock to the point that
just like the president of AMOCO discovered a
few decades ago, executives are shoving paper at
one another while providing nothing of substance
towards producing the product they were intended
to provide.

What are the basic precepts that state government
is supposed to provide? Honesty and a fair playing
ground for the citizens and for business.

For some decades Michigan has done neither, and
is hell bent on continuing, as much as possible, just
as they have for a long time now.

On Friday, October 18, 2013, I sent a complaint to
the City of Iron River and to the Michigan Attorney
General about the irregularities on the upcoming ballot
to delete paragraph 2.05(a) from the Iron River City
Charter. The motion was knowingly illegally passed by
the Iron River City Council, and subsequently illegally
put on the ballot, with the knowledge illegality by all the
involved Iron River city officials including the clerk and
city manager.

The Attorney General ignored the request for corrective
action  for more than two months, providing one of two
standard responses we know are all we can ever get out
of Michigan state government. Those two are 1) no
response whatsoever (by far the most common way that
Michigan deals with citizen interaction.) or 2) "We can't
do anything for private individuals."

Ladies and Gentlemen (I use the terms loosely,) just why
in the hell do you think you're there?

You are there to serve the public. That's me, and every
other individual who finds themselves within the borders
of the state!

The email I received today says, in essence, "You're just a
private citizen, I'm not here to do anything for you!"

WHAT???????????????????????

My complaint was about violation of state laws. Part of the
problem had previously been dealt with when Al Perlongo
received a letter from the county prosecutor telling him
he could chose one or the other of the official positions he
held, but could not serve in two conflicting positions at
the same time.

But he had already cast the deciding vote on deleting
paragraph 2.05(a) from the charter. But the measure
had no place on the ballot because his vote was illegally
cast in the first place.

No, Attorney General Bill Schuette, you are the chief
law enforcement officer in Michigan and I take severe
umbrage at your refusal to perform the duties to which
you took an oath when you assumed office. Apparently
I have to remind you what those were. You swore to
uphold the constitution and the laws of the state of
Michigan. In the letter below you have denied the
responsibilities you took an oath to perform. A man is
only as good as his word.

Email follows:

====================================

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From: Michigan Attorney General
To: Bill Vajk
Date: Thu, 2 Jan 2014 10:26:40 -0500
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January 2, 2014
To: William J. Vajk
Citizen Inquiry No. 2013-0058282-A

Attorney General Bill Schuette has asked me to respond to
your e-mail concerning a proposed amendment to the Iron
River city charter.  I regret the delay in responding.  This
Department receives hundreds of letters and e-mails each
week, making some delays inevitable.

In your e-mail, which you also sent to the Iron River city
manager, you attach a document that is identified as a
"Complaint."  In the document, you indicate that you object
to the amendment to section 2.05(a) of the city charter that
removes the prohibition on council members holding certain
appointive offices during their elected terms.  You ask that
legal action be taken to remove the amendments from the
November ballot. Based upon information received from
the November election, the amendment to the city charter
did not pass.

For future reference, the Attorney General may provide legal
advice, opinions, or representation to governmental entities
and designated public officers within the State of Michigan.
The law does not permit the Attorney General to provide legal
services to individuals.

On behalf of Attorney General Bill Schuette, thank you for
taking the time to share your concerns with this Department.

Denise C. Barton
Division Chief
Public Employment, Elections & Tort Division

-----Original Message-----
From: Bill Vajk
Sent: Friday, October 18, 2013 11:46 PM
To: Michigan Attorney General; citymanager@ironriver.org@ironriver.org>
Subject: Complaint regarding pending election

Attached please find my signed complaint and supporting documentation.

Sincerely,
William J. Vajk


===============================================

Denise Barton's final 2 paragraphs, restated correctly, say, "don't
bother me in future."

So how do we, the citizens of the State of Michigan, get our public
officials to do the jobs they have sworn, under oath, to do? Beg?
You know that doesn't work either.

Is a reform party hiding around the corner? Come Out, Come Out,
wherever you are!

Bill Vajk

An Opening on Iron County Doings

Bill Vajk

Merry Christmas

Drug Store(s)-the rest of the story

After we reported that another business in Iron River
bites the dist, I received an email from Bob and Marla
Busakowski that said, in essence:

1. The Corner Drug Store is not closing.

2. The business has been sold.

3. 2 drug stores have always survived in Iron River and as
former owners they believe will continue to do so in the
future.

4. "Please check your facts before posting misinformation."

Had I posted their email as fact I would have been posting
misinformation. After I received the email, I placed a phone
call to the CEO of MK Stores, the owner of Snyder Drugs,
and left a message respectfully asking Mr. Katers to verify
or deny the local rumors that they had purchased The Corner
Drug Store in Iron River.

Mr. Katers, relying on the unnecessary rudeness that we have
become accustomed to receiving from "the pseudo elite" in this
region of the USA, refused to return my call for that civilized
request. For his part, Robert Busakowski didn't do any better,
referring to the new owners merely as "the new owners."

What's the big secret, Bub?

Now that weeks have passed, I sought out an unquestionable
means of verifying the rumors and have discovered that yes
indeed, MK Stores has indeed purchased what has for decades
been known as "The Corner Drug Store" which business has
"bit the dust" precisely as we reported here.

The simple fact is that it became financially advantageous
for Bob and Marla Busakowski to sell assets that brought
them more money than their profits for some period in the
future would be. Whatever the particular reasoning is for
selling, they sold, not to another individual owner as has
been the history of a continuing business in the past, but to
a chain drug store firm that simply makes the facility an
extension of their corporate entity. The individuality of The
Corner Drug Store, passed down from Earl Melstrom to
Jim Sapletal to Robert Busakowski, all local residents for
the duration, is gone forever. The "mom and pop" store so
many folks say they love has closed, and the operation is
an operation that is at the small end of "the big box"
corporation.

That's OK, we cannot live in the past. I don't know how
many years Bob ran his store without so much as a sign on
the door telling folks what his hours of business were. I
noticed one had been placed on his door a while back
and thought that a great improvement in his "service model."
Perhaps it wasn't his improvement after all.

I do have to say here and now that despite Ron Katers'
rudeness towards me, the people who work for him in Iron
River have been exemplary in providing excellent service.
I would hope that seeps down into MK Stores newest
acquisition. Having been on the receiving end of what
passes for Bob Busakowski's friendly service, I don't
think that dog can be taught any new tricks. On the other
hand he's only about 60 years old so he should learn to be
a little more polite for the duration of his working years.

But an interesting fact I discovered in my perusing the historical
records of this now closed business is that Jim's Pharmacy, the
former legal name for The Corner Drug Store, had a very nice
profit sharing plan that supplied some 7 individuals with a pension.
Later, after Jim died, 6 individuals. But of course the origins of
that plan were in 1978 when things in Iron River were a whole
lot different from today. One wonders how that will be managed
now that the fund can no longer grow based on profitability, and
how much of the growth in the value of the business was put
where it rightfully probably belongs, to benefit the people who
helped make that value grow.

Indeed, the profit sharing aspects could be the most interesting
of all.

Bill Vajk

Out Of Control

When governments get out of control, eventually someone
returns the favor. And despite the fact that such people
usually land in prison for long terms, the result for the
community is never a good one.

=======================================
This matter arose because of a "ready-to-serve" fee imposed
on the water bills of some unoccupied parcels that Markham
owned in the city of Manistique. The fee was imposed in order
to repay federal loans to upgrade water treatment plants to
keep them in compliance with federal law. Markham did not
understand how there could be a legal basis for billing for water
service on property where no water was actually used, so he
refused to pay those bills. Unpaid utility bills in Manistique
eventually are turned over to the county to collect as part of
property taxes, which exposed Markham to the potential loss
of his property. The prospect of losing his property, which
Markham considered to be his only asset, led him to express
his frustration and anger in menacing language on his website.
Markham posted references to "murder, arson, and suicide,"
"crushing the skulls of or setting afire my tormentors," and the
spilling of "innocent blood."

=========================================
http://tinyurl.com/mmcj6zh

The Michigan readers already know the length and breadth of
the charging not to use water gambit played out by so many
municipalities in this state so we'll not address the ongoing
problem here, but in court where it rightly belongs.

But this publication did want to call attention to the fact that
these practices are seen by many as universally corrupt and
without any sort of merit. In effect they are just another form
of income redistribution because water should righfully, and
by statute, be paid for by the consumers rather than those
who happen to own property in a community that takes from
those, mostly out of state or out of town property owners, who
do not get to vote on such matters and usually present no
political threat to the city council members. The other subgroup
of the population are those who cannot pay their water bill for
whatever reason, and are not only charged for water, sewer,
and garbage despite the fact that they receive none of the services
so long as one bill is missed, but are heavily penalized as well,
usually with no hope of ever catching up without outside
intervention such as a charity.

The nicest thing to be said about such practices is that they are
heartless. And from that point of departure the discussion can
only get worse, so I stop here.

Bill Vajk

Another Business Bites the Dust

On November 27 I was advised that products were being boxed
up and hauled away from The Corner Drugstore and it looked
like the business was closing. So today I took a look and took a
photo of the place being dismantled and boxed up.

Is there really a large enough population in this end of Iron
County to support two pharmacies, one that has financial
strength by being part of a small chain, and the other that
was a free standing independently owned business?

In my opinion, the population isn't adequate for 2 pharmacies,
and marginally big enough for one. The question that remains
is how long will that one pharmacy hang on?

It hardly matters that the Chamber of Commerce encourages
the population to buy locally when even if that desire were met
with 100% compliance, the local population is no longer adequate
to support very many businesses.

Please note that the anchor businesses in Iron River are all parts
of small chains. Angeli's, Snyder's, Shopco Hometown, Krist Oil
and Holiday Gas can depend on business and profits generated
outside Iron County to keep the local aspects of their business
afloat for a while longer. But that's not a permanent situation by
any means.Unless a concerted effort is made to repopulate Iron
County, the business sectors will become ghost towns within a
couple of decades.

Bill Vajk

Iron County's Biggest Turkey of the Year

This year Iron County Doings awards the Biggest Turkey
of the Year award to Iron River's Mayor Terry Tarci.

It was bad enough when Mayor Tarci told me, in person
at the beginning of a City Commission meeting, that he
doesn't have to read the newspaper or anything else for
that matter, because his wife tells him if there's anything
important going on.

Nobody elected Mr. Tarci's wife to office, they elected him
and he's clearly not doing the job he was awarded. The way
things are working, she is making decisions for him that the
people expect and demand he make.

Well that wasn't quite enough, although telling Ben Smith in
that same July 31st meeting that he was "out of order" and
to "shut up and sit down" came very close to achieving the
recognition we award him today. The only thing that held us
back at that point was the simple fact we had other contenders
for this honor.

But the event that tilted the balance in Mayor Tarci's favor was
a combination of his evasions regarding future repairs of Blossom
Street combined with his unacceptable violation of the United
States Constitution (the right to petition government) and the
Michigan Open Meetings Act MCL 15.263(5).

We have a recording of the pertinent segment of the meeting
available for readers, and the world, of Mayor Tarci's disgusting,
in this writer's opinion, behavior during the September 18, 2013
meeting. The minutes of that meeting do not report what we have
recorded and put on the internet for you. The excerpt is about
12 minutes long and I ask that you listen to the whole thing.

Part of the way through Mayor Tarci states that the city council
will make the decisions on repairing Blossom Street or not. The
question was asked regardless of what we are asking for? Tarci
would only acknowledge that the statements would be taken into
consideration.

That's not acceptable. The purpose of a representative form of
government is to do what the constituents express they want,
and to find ways to achieve that no matter how difficult the
problem. Instead, Mayor Tarci places the decisions of the city
commission above the needs and demands of the electorate.

Please listen to the meeting excerpt at:

http://bill-vajk.angelfire.com/IR-is-this-the-way.mp3

So Mayor Tarci, it is my opinion that you have earned the
designation of Iron County's Biggest Turkey of the Year
and I present this award on the traditional Turkey Day,
Thanksgiving of 2013.

Bill Vajk

The Lawyers Again (still...)

I sent the following to the Iron County Reporter as a letter
to the editor. We'll have to wait another day to see whether
or not they'll print it.

=========================
Michigan’s Rules for Professional Conduct as they apply to
lawyers, part of rule 1.2(a) states, “A lawyer shall seek the
lawful objectives of a client through reasonably available
means permitted by law and these rules.” This statement
qualifies the opposite to be illegal. Why is it, then, that no
one has been complaining to the Attorney Disciplinary
Board when a lawyer, working for and paid by his client,
writes clearly illegal revisions like the two ordinance
amendments published recently for the City of Gaastra?
They have to do with noxious weeds and unsafe buildings.
See the October 30 edition of this newspaper. State law
specifically prohibits self-rule cities from creating
misdemeanors, and jail time, unless the state has already
permitted it. See MCL 117.3(k). As anyone who has lived
in Iron County for a while knows, the local municipalities all
copy from one another. What Gaastra has done will be
coming to your city soon unless they are stopped. After
WW2 Pastor Neimoeller presented his famous “First they
came…” statement on what happened during the war, with
the essence contained in the last line that went, “Then they
came for me, and there was no one left to speak for me.”
The law is created by us for all of us. There are no privileged
few who are above the law in the United States. It harms all
of us whenever someone is permitted to flout the law at our
expense. This can only continue so long as we, the public,
permit it to happen through our inaction. This problem isn't
limited to Gaastra by any means, but prevails throughout the
region.

=====================================

MCL 113.3(k) follows. I have made the pertinent requirement

stand out in bold print.

*******************************************

(k) Adopting, continuing, amending, and repealing the city 

ordinances and for the publication of each ordinance before it 

becomes operative. Whether or not provided in its charter, 

instead of publishing a true copy of an ordinance before it 

 becomes operative, the city may publish a summary of the 

ordinance. If the city publishes a summary of the ordinance, 

the city shall include in the publication the designation of a 

location in the city where a true copy of the ordinance can be

 inspected or obtained. 

A charter provision to the contrary notwithstanding, a 

city may adopt an ordinance punishable by  imprisonment 

for not more than 93 days or a fine of not  more than 

$500.00, or both, if the violation substantially corresponds 

 to a violation of state law that is a misdemeanor for which 

the maximum period of imprisonment is 93 days. 

Whether or not provided in its charter, a city may adopt a 

provision of a state statute for which the maximum period of 

imprisonment is 93 days or the Michigan vehicle code, 

 1949 PA 300, MCL 257.1 to 257.923. Except as otherwise 

provided under the Stille-DeRossett-Hale single state 

construction code act, 1972 PA 230, MCL 125.1501 to 

125.1531, a city may adopt a law, code, or rule that has 

been promulgated and adopted by an authorized agency of 

this state pertaining to fire, fire hazards, fire prevention, or 

fire waste, and a fire prevention code, plumbing code, 

heating code, electrical code, building code, refrigeration 

machinery code, piping code, boiler code, boiler operation 

code, elevator machinery code, an international property 

maintenance code, or a code pertaining to flammable liquids 

and gases or hazardous chemicals, that has been 

promulgated or adopted by this state, by a department, 

board, or other agency of this state, or by an organization 

or association that is organized and conducted for the 

 purpose of developing the code, by reference to the law, 

code, or rule in an adopting ordinance and without 

publishing the law, code, or rule in full. The law, code, 

or rule shall be clearly identified in the ordinance and its 

purpose shall be published with the adopting ordinance. 

Printed copies of the law, code, or rule shall be kept in 

the office of the city clerk, available for inspection by, 

and distribution to, the public at all times. The 

publication shall contain a notice stating that a complete 

copy of the law, code, or rule is made available to the 

public at the office of the city clerk in compliance with 

state law requiring that records of public bodies be made 

available to the general public. Except as otherwise 

provided in this subdivision, a city shall not enforce a 

provision adopted by reference for which the maximum 

period of imprisonment is greater than 93 days. A city 

may adopt section 625(1)(c) of the Michigan vehicle 

code, 1949 PA 300, MCL 257.625, by reference in an 

adopting ordinance and shall provide that a violation of 

that ordinance is punishable by 1 or more of the following:

********************************************

There are no exceptions to the bold print section. Where noxious

weeds are concerned, MCL 247.64(3) tells us what is permitted 

in the first sentence:

+++++++++++++++++++++++++++++++++++++++

(3) An owner who refuses to destroy noxious weeds as 

provided in this section is subject to a fine of not more 

than  $100.00. When collected, the fine shall become a part 

of the "noxious weed control fund" of the township, village, 

or city. By ordinance, the township, city, or village may 

designate the refusal to destroy noxious weeds as provided 

in this section as a municipal civil infraction, in which case the 

fine shall be a civil fine. If the city establishes an administrative 

hearings bureau pursuant to statute to adjudicate and impose 

sanctions for blight violations, the city by ordinance may 

 designate the refusal to destroy noxious weeds as provided 

in this section as a blight violation and any fine imposed shall 

be a civil fine.

++++++++++++++++++++++++++++++++++++++++

It is clear that the City of Gaastra's lawyer is prohibited from

advising his client to enact the illegal ordinance revisions, and

further, enabled the city commission to violate state law as 

they could not have done without his assistance. 

Bill Vajk

The Lawyers Role in Municipal Illegality

The City of Gaastra has outgrown their britches. Two ordinance
revisions, #36 and #39, have to do with "unsafe buildings" and
"noxious weeds" respectively. Both these ordinances have added
an illegal coercive punishment of jail time. That's prohibited by
state law in each instance, but the City Commission doesn't care,
they want what they want and got the City Attorney to write the
modifications for them.

The statutes regulating municipal oversight of buildings are
convoluted and complex, but the only jail time I found in them is
for the most extreme cases of refusing to correct health dangers
resulting from noncomplying outhouses.

The statute regulating noxious weeds establishes a maximum
penalty of $100, thereby prohibiting all the irrational escalation
features like "each day constitutes a new offense." Penalties
increasing to $500 per incident along with 30 days of jail are
prohibited by state law.

Another nasty feature provides that the city may seek a permanent
court injunction against the violation. The effect of such an action is
that further violation(s) escalate the penalties into a felony class by
making the responsibility subject to significant penalties and jail time
counted in years instead of days.

All these features of the newly revised ordinances violate state law.

The regulations concerned with attorneys licensed by the state
prohibit lawyers from encouraging their clients to violate state
laws. It is past time for municipal lawyers in Iron County who
have enabled and encouraged their clients to violate state laws
to be called to the mat before their licensing boards. It is likely that
city commissioners are ignorant of their limitations where power to
enact ordinances is concerned. The wanton illegal behavior of the
lawyers, the last layer of protection that citizens have against insane
measures being undertaken by local governments, has the one
individual educated in precisely that discipline, enabling and
encouraging their clients into illegality precisely because nobody
has ever filed a formal complaint against them for this misbehavior.

It is time that ignoring the lawyers comes to an end. Anyone who
wishes to join me in submitting a complaint against Gaastra's city
attorney can send me email.

Bill Vajk

IR City Council Incompetent

I submitted the following to both the Iron Mountain Daily News
as well as the Iron County Reporter. The Daily News, as far as
I have been able to discern from emails with the editor there, is
deathly afraid of being sued by any individual cast in a bad light
in any article, even letters to the editor. That, in my opinion, is
a lousy way to run any publication, let alone a newspaper.

Our freedoms are sourced, by many authorities on the subject,
in a document called the Magna Carta. What if those barons,
who forced the English king to capitulate and sign the document,.
had been afraid of repercussions after the fact. Fear of the
wrongdoer is precisely what leads to the class bully as well
as political tyranny. We awarded Mr. Perlongo a "Lump of
Coal" award for his performance on Iron River's city council
last year. Please see:

http://ironcountydoings.blogspot.com/2013/02/first-annual-awards.html

Our letter to the editors follows:

=====================

They say that eternal vigilance is the price of liberty. Vigilance
is not enough, people have to act on the information as well.
One of the initiatives scheduled for the next ballot in Iron River
is the elimination of “conflict of interest” from the Iron River
city charter. The change was introduced by Al Perlongo and
approved by the city council in a meeting on August 15, 2012.
He cast the deciding vote. His membership on the council,
while concurrently being fire chief, was specifically prohibited
by state laws and the very charter restriction he illegally voted
to eliminate. Perlongo was in violation of charter and laws but
he felt he had a higher calling that was more important and, just
like Richard Nixon, he put his personal interests first. He should
not benefit from this violation of state law (MCL 15.182, 15.183)
and the charter (§ 2.05(a).) Why did the state have to get involved
before Perlongo could be persuaded to resign? Where was our
local political “leadership” on this?

I have once again written to the Michigan Attorney General and
the county prosecutor, this time asking that the ballot initiative be
removed before the election. As the time is very short, I urge all
Iron River taxpayers and voters to write, or call, the prosecutor
and the Attorney General.

Fredrick Hayek, in his landmark book The Road To Serfdom,
writes that man is free who must obey only the law, not other
men. Hayek’s proposition is mostly true. Does the proposed
amendment to the city charter impinge on your freedoms? Yes,
by allowing an individual’s personal interests to control while
overriding law. At the same time it places us ever more firmly
on the road to serfdom, a road we really don’t want to be on.

===================================

The problem with the state laws is that they lack the teeth of
explicit criminality, and political figures like Iron River's
mayor only seek to enforce laws that work somehow, in any
way, to their own advantage. We repeat, from our earlier
article, a quotation that seems not only appropriate, but worthy
of repetition because it remains true today for Iron County:

"It is not to be denied, that the leaders of the radical party
in the Gulf states since the Rebellion have many of them
been men of bad character, and without principle, and
that still more of them have been ignorant, and unused to
the exercise of political power."[1]

They flex their "power muscles" by making a big deal of fining
the owners of the Coast to Coast building demonstrating,
once again, that the City of Iron River is averse to all business
that is trying to make the local economic situation better. Is it
any wonder Iron River is such an economic failure? Why isn't
the city, and the Chamber of Commerce, taking steps to
encourage business coming into the city and the county?

Elected officials at all levels take an oath of office, but Iron
River's politicos have been very ignorant of what that means,
behaving instead as though they have inherited a local
fiefdom, and behave like a landlord of yesteryear instead
of an enlightened contributor to the local economy.


The city council minutes of 3/20/2013 have the following
information as the penultimate entry:

"Perlongo tendered his letter of resignation effective 9 a.m., 

Thursday, March 21, 2013 from the Iron River City Council. 

 Tarsi thanked Perlongo for his time in office."

What is omitted, of course, is the reason for the resignation.

The county prosecutor notified Mr. Perlongo that his holding

office concurrently with being the fire chief is prohibited by

state law. The present problem is that Perlongo's resignation

left unfinished business that the members of the city council 

have proven incompetent to resolve. If they cannot take

care of such a simple matter, what of more complex issues?

They've clearly proved themselves incapable of finding

reasonable resolution to those as well. Just look around you

in the city of Iron River. And while you're at it, take a look 

at the heating bill for city hall and ask yourself, "Why?"

Bill Vajk

[1] American Constitutional Decisions, Charles Fairman,
Henry Holt and Company, New York, 1948

Lawless City

The following was transmitted to the listed recipients today
18 October 2013:

 ========================================

COMPLAINT

Ms. Melissa Powell                Attorney General Bill Schuette
Facsimile: (906) 875-0646     miag@michigan.gov

Perry Franzoi
citymanager@ironriver.org

Dear Recipients:

When legal pressure was finally applied to Mr. Alfred Perlongo
whose membership on Iron River’s City Council was illegal
because he had a prohibited conflict of interest led to his
resignation, the undersigned believed all problems caused by
that episode in Iron River’s history was resolved.

I was mistaken.

On August 15, 2012, the Iron River City Council considered
and approved a city charter amendment to section 2.05(a). A
copy of the minutes is attached to this letter. The amendment is
designed to remove the prohibition against conflict of interest,
the exact charter restriction that Perlongo was violating by his
membership on the city council, and the exact restriction for
which his illegal affirmative vote was the deciding vote on the
measure.

On September 11, 2012, the issue of Perlongo’s illegal
participation was brought forth in a special meeting. Minutes
are attached. No resolution was achieved because the City of
Iron River and its city council behaved and continue to behave
in the lawless fashion that is the hallmark of this city.

I have been advised that the Attorney General and the
Governor of this state have signed off approving the proposed
charter amendment and that this issue is now scheduled to
appear on the November 2013 ballot for approval by the voters.

In as much as the approval of the measure by Iron River’s City
Council is void, the undersigned, as a taxpayer in the City of Iron
River, objects and complains to the addressees of this letter of
complaint requesting that the appropriate legal action be taken to
remove the measure modifying Iron River’s City Charter before
the pending election.

                Sincerely,



                William J. Vajk
                bill.vajk@gmail.com

Encl:
Iron River Charter: excerpt


Section 2.05.  Prohibitions.

(a) Holding Other Office.  Except where authorized by law, no
council member shall hold any other elected public office during
the term for which the member was elected to the council.  No
council member shall hold any other City office or employment
during the terms for which the member was elected to the council. 
No former council member shall hold any compensated appointive
office or employment with the City until one year after the expiration
of the term for which the member was elected to the council.  No
council member during the elected term shall hold any compensated
or appointive office or employment on or with any intergovernmental
agency or authority currently involved in a contractual relationship
with the City.  Nothing in this section shall be construed to prohibit
the council from selecting any former council member to represent
the City on the governing board of any regional or other
intergovernmental agency.

=========================================

See the following for submitted information:

http://www.ironriver.org/downloads/minutes/2012/08-15-2012.pdf

http://www.ironriver.org/downloads/minutes/2012/09-11-2012.pdf


Bill Vajk

A Final Notice to Iron County

From:
William J. Vajk
14 October 2013

To:
Mrs. Melaine Camps Ms. Melissa Powell
mcamps@ironmi.org Facsimile: (906) 875-0646

Mr. Carl Lind Mr. Jim Brennan
emailed                 emailed

Dear Mrs. Camps: I have grown weary of notifying the other
local politicians regarding the illegality of Iron River’s imposing
illegal excise taxes disguised as legitimate charges relevant to
their water system. In fact, I was weary of notifications to your
predecessor, but since you are relatively new to your position,
you have this final notice before suit regarding 413 Plum Street,
Iron River. Please note that the local water/sewer ordinances
were illegal when originally enacted in 2000, and the most
recent enactments, modifying the ordinances, continue to be
illegal for the same reasons.

But this letter is to you and Iron County since, following the
lead of the City of Iron River, you are presently in violation
of state laws by following collections procedures lacking
statutory authority for excise taxes illegally imposed by the City
of Iron River. To simplify matters explaining some of the
illegality of your part, I have attached a copy of Attorney
General Opinion #7263. It is for you, as an elected official,
to determine whether you will stupidly, as their dupe, follow
the precedent established by those who came before you,
or whether you will obey the constitution and the laws of the
state of Michigan as you promised when you took your oath
of office. Please read enclosed the AGO carefully and
understand it and all its implications.

This is the final notice before lawsuit. Our state Attorney
General has been CC’d a copy of this letter since the executive
branch of the state will be in the sad position of attempting to
defend that which the attached AGO has held illegal, although
for the life of me I cannot comprehend why the Attorney
General’s office would state your actions are illegal one day,
and then blindly defend the same actions some months later.

Iron County has a long and much revered history of stupidly
violating state and federal laws. We will shortly see if that
stupidity prevails in AD 2013. That I lack respect for the
opinions, and practices of local politicians has history as the
teacher. The lack of respect has been well earned.

Sincerely,
s- William J. Vajk

CC: Attorney General Bill Schuette, miag@michigan.gov


==========================

For a copy of the Attorney General Opinion please see

http://www.ag.state.mi.us/opinion/datafiles/2010s/op10342.htm

Will stupidity continue to reign in Iron County. 

Bill Vajk

General Observations About Our National Government

There's an asinine government shutdown at the moment.

I liken the finger pointing to the echos in a multi-
directional cave. The origin is in the direction
opposite to the last echo, aka the finger point.

Our (USA) government has functioned pretty well for
most of its existence. It falters when change greater
then it can absorb is imposed.

I think Ben Franklin would be a very interesting
character to have alive and observing the modern day
goings on. Perhaps some brilliant programmer can
assemble a group of virtual Ben neurons and program
them to emulate him so we can get his answer to the
questions that besiege us today.

It wouldn't solve anything, of course. But we'd have
a definitive answer to the question whether the USA
would have survived if the founding fathers had to
solve modern problems. As if slavery weren't difficult
enough.

Perhaps they'd simply have evaded the issues, just as
they did with slavery, and just as much of the "ruling
class" is doing today.

Did you see the huge gathering of illegal aliens on the
Washington Mall the other day? The mall that was opened
just for them, while veterans were locked out of the
open air memorial built to honor the WW2 fallen?

Those illegal aliens will doubtless eventually become
US citizens. I don't object to that, but just wait
till they realize that once they're no longer a member
of an underdog class, the same people who welcomed them,
smiled, and squeezed their hands will turn against them
just as they have turned against America's middle class.

Platitudes, oh platitudes. As my now deceased long time
good friend Alex Zelchenko used to mutter, "They all lie."

http://tinyurl.com/lapvq7x

"The more things change, the more they stay the same."
(Probably best attributed to Alphonse Karr (1808-90)
"plus ça change, plus c'est la même chose")

Bill Vajk

Back to Basics

The following was trimmed down to fit the Iron County
Reporter's criteria for letters to the editor. Additional
comments follow.

----------------------------------------------------------
What Iron County needs today is to get back to the basics
because we are in a free fall that terminates in failure of the
community unless we take action starting today. And today
is possibly too late. Part of the solution requires a change
of heart of the population by grasping control of our local
governments and demanding performance by our politicians.
They’ve been running wild for quite some time now.

The two essentials that no community can ever get away
from are sufficient population and enough jobs to support
the needs of the people. At present the local numbers for
both have dropped below our capacity to provide for our
own needs. So we have inane decisions by government to
force people to pay for water and sewers they don’t use,
garbage they don’t put by the curb, and closing public
thoroughfares that fail.

Apparently we have a lot of housing that’s being abandoned.
A government entity needs to be charged with repopulating
the county and reusing those houses. A larger population
forms the basis for more sales of essentials and could
encourage manufacturing to come to Iron County. We need
to stop wasting time and money on frills like disk golf and
open mike nights. The county’s EDC has failed us like Nero
fiddling while Rome burned.

As a prelude to further elimination of wasteful municipal
governments through consolidation, put a stop to Iron River
City Hall employees working 82% of the hours everyone
else puts in while collecting 100% of the pay. We know that
governments traditionally operate very inefficiently. City hall
can be cut back to 50% of the hours and 50% pay without
any shortfall in the functioning of government. Money saved
would pay for the emergency repairs to roads.
 ----------------------------------------------------------

I've been told there's a lot of abandoned housing around Iron
County. In as much as governments end up owing it, there's
no reason those deemed to be habitable cannot be sold
under land contract with a $1 per month payment, plus taxes
and utilities with a contracted schedule of improvements over
the traditional 5 year land contract as a gateway to ownership.
At the five year point, the sale reverts to a traditional
mortgage. With a 5 year track record of making regular
payments and making improvements to a home, banks will
have no problem lending to the new owner regardless of their
prior financial record.


That should attract folks to move into the county. It would
solve the problems associated with abandoned (empty)
houses deteriorating, (see also the broken window theory)
while collecting utility payments and taxes that would help
local governments.

Right now, the abject laziness of our elected government
officials helps to drive that abandoned housing into slum
status. They, the elected officials, are awarded a position
of trust by the electors, and they're letting us down. It is
their professed function to do the their best for the public,
and to address each and every public need, not just the
ones that tweak their personal interest.

So darn it, get your lazy selves out of those chairs and do
something about it!

You have eyes!

You have ears!

You have brains!

Use them!

Bill Vajk