Monthly Archives: January 2014

Supervisor Gonser’s REAL views on trails, pathways, bike paths and environmental protection

No hiking biking wetlands

Supervisor Gonser’s true views have come out on Safety Paths, Trails, Bike Paths, Wetland Protection.  His views are contrary to our Township motto “Curamus Terram” – “We care for the land”.

On January 20th, an Oakland Township Republican meeting was chaired by Oakland Township’s Lead Precinct captain, John Reilly, the husband of Oakland Township’s Clerk – Karen Reilly.  There were approximately 20 people there including Supervisor Gonser, Township Clerk Reilly, our Township Treasurer’s husband Joe Langlois, at least two of our Township’s Republican Precinct Captains, four of our Parks Commissioners (one left after listening to State Representative Tom McMillin) , one of our Zoning Board of Appeals members, our State Representative Tom McMillin (for a portion of the meeting) and other citizens.  One of the agenda items was:

“The Republican establishment’s ‘war’ on the Tea Party and Libertarians at both the National and State Levels – What should we do?”

One of the citizens asked what is the difference between the Republican Establishment and the Tea Party Republican.  During that discussion, one of the participants asked “What is this Agenda 21 issue all about?”  He wanted someone to explain it and why many Tea Party Republicans have brought that up as an issue.

Supervisor Gonser then stated:

  • Agenda 21 initiatives are having a significant impact on the Township
  • Property rights are impacted
  • It controls how property is developed
  • It has to do with environmental mischief that is going on in the Township
  • It is being put into our codes and ordinances
  • Safety paths and trails are a big example
  • Bike lane on roads are an example
  • You’ve got to understand the overreaching umbrella and the strategy
  • Oakland Township’s Ordinances 102 ( the nuisance ordinance) and 103 ( the performance standards Ordinance ) are clearly Agenda 21.
  • Our ordinance 97 wetlands ordinance is clearly Agenda 21
  • A lot of this is Agenda 21 because if you look at the overriding umbrella of Agenda 21 it is to eliminate the automobile, to eliminate all sorts of motorized transportation except mass transit and have heavy emphasis on bicycles.

John Markel, one of the Zoning Board of Appeals appointees of Supervisor Gonser, was present at that meeting.  John commented that while he was driving to work on a snowy day, he realized that the safety trails are only used ‘half of the year’.  He went on to indicate that he did not think it made sense to put in that costly infrastructure and only use it 6 months of the year. He agreed that it made sense in the Carolinas, but not here.

John was personally recommended by Supervisor Gonser for the Zoning Board of Appeals.  His appointment clearly indicates the direction that Gonser intends to take our Township.

Although several citizens have tried to get Supervisor Gonser to explain his position on Agenda 21, this is the first time that he has verbalized his thoughts on how he believes the UN Global Conspiracy has influenced our Township’s ordinances.

So what really is Agenda 21?

In 1992 the United Nations approved a document called Agenda 21. It is a non-binding agreement signed by 178 countries. It promotes sustainable development that simultaneously promotes economic growth, improved quality of life, and environmental protection. President George H.W. Bush was among the 108 world leaders present at the UN conference when the document was adopted.  A copy of the document is attached at the bottom of this posting.

Our Beautiful Township has benefited from a dedication to the protection of forests, wetlands, waterways and natural features.  Many of our environmental protection ordinances predate UN Agenda 21 by many years. Now we have elected a Township Supervisor who believes our past practices are part of what the Tea Party believes is a global conspiracy.  Oakland Township will not benefit from far right wing reaction to an imaginary global conspiracy.

I was an Oakland Township Planning Commission member for 26 years until 2008, and Chair for a number of years.  During all those years, I had never heard of “Agenda 21”, but listened to many citizens say “curamus terrum” – “we care for our land” when they  provided input that guided our recommendations.  Any linkage that our Supervisor and the other extremist right-wing members of our current Board think exists between this obscure agreement at the UN, only exists in the minds of those with an extreme Tea Party ideology.

To get a better idea of what the extreme conservatives in the Tea Party believe will be the outcome of the UN Agenda 21 initiatives, please watch a video that Glenn Beck, a famous conservative, has produced to promote his book “Agenda 21” .

Watch the Video.

Why is this important to the Citizens of Oakland Township?  Our Community has historically been a leader in preserving land, supporting Paths and Trails and many things that other communities have come to envy our Township for possessing.  Our citizens have supported these initiatives through various millages to enhance our community.  Now we have a Supervisor and Board members, our decision makers, who clearly do not support the things Oakland Township has historically stood for.

The    citizens of Oakland Township need to recognize that Washington is not the only place where the extremism of Tea Party Republicans exist – They ARE the leaders in OUR Township and will be making decisions that may significantly change the character of our Township!  Please get involved!  Begin by looking at the many things that our Board has done over the past year that have been documented on this website.

Here is a copy the non-binding Agenda 21 agreement:

Agenda 21 document

Richard Michalski

“State of the Township” or “Self aggrandizement”? You decide!

On January 22, as reported previously, Oakland Township had a “State of the Township” event at the Township Hall.  It was sponsored by Supervisor Gonser.  Here are some facts regarding this event:

  • The event was not publicly announced by the Township until after this website made it known to the public on January 16th.
  • The Township posted the event on January 21st – a little  more than 24 hours before the event.
  • On January 20th, at a Republican Precinct Captain meeting chaired by our Township Clerk’s husband, John Reilly, Supervisor Gonser indicated that he had invited 190 people to this event, and there would be limited seating.
  • One of the 4 Parks Commission members present at that meeting asked why ALL of the members of the Parks, Planning and Zoning Commissions/Board members were not invited to the event, Gonser said:

    “I chose not to invite them.”

  • When asked why a location that could accommodate more people was not chosen, so all interest citizens could attend, Gonser said:

    ” There is no particular reason to move it.  “

  • When asked why he had not announced the event to the public at the January 15th Board meeting, Gonser said:

    “I did not feel compelled to announce it.”

  • At the event, there were approximately 90 seats “reserved” for the invited guests – all at the front of the room.
  • There were only 26 seats available for uninvited residents – all at the back of the room.
  • Even though there was available seating in the ‘reserved’ section, many of the ‘invited’ guests sat in the uninvited resident seating area – further reducing the seating available to others.
  • Hors d’oeuvres were available in the entry area.
  • The ‘invited’ guests had name tags prepared for them.  There were no blank name tags available for the other citizens.
  • Even though the Township website did not indicate that the event would broadcast live or recorded, CMNtv did provide that service. (You can watch the whole event by visiting the Township website.)
  • When I asked the Executive Director of CMNtv when the request to record and televise the event was made, he told me “within the past week”.  (Note that there was no public knowledge of the event until this website posted information on it, one week prior to the event.)
  • On January 22nd, prior to the event beginning, Supervisor Gonser confronted the author of this post in the Board room stating ‘no recording devices will be allowed’.  When I stated it is a public event, he responded ‘No! It is not!’.  When I tried to get him to repeat those statements on camera, he refused (see his response in the attached video).
  • The total time of the event was approximately 45 minutes.
  • Dr. Atallah’s initial introductory comments lasted approximately 2 minutes.
  • Pastor Dominic Russo spoke for slightly more than 3 minutes about the need for civility in dealing with one another even though there may be differences of opinion in the Township.  He also gave a short invocation.
  • Dr. Atallah got up again and spoke for approximately 6 minutes on why he supported Supervisor Gonser, and went over Gonser’s resume.
  • Gonser spent about 12 minutes making introductions, talking about his “humble beginnings” and why he got involved in politics.
  • He then talked about the accomplishments that he and the Township Board have made in the areas of: Transparency, Technology and Customer Satisfaction.  The slides he used on these items are shown in the video attached below.
  • He then stated that he believes Oakland Township is the only municipality in the State that had a reduction in taxes.  (This reduction is $100 in taxes for a house with a taxable value of $100,000 or a market value of $200,000).
  • He concluded by saying the “Future is Bright” for Oakland Township, and discussed the things he intends to accomplish in the future. (The slide is included in attached video.)

A Freedom of Information Act request was made last week on several items regarding this event.  The requested item and the response received from our Township are shown below.  

Request: The list of names Supervisor Gonser sent electronic invitation to for this event.

Response: The list is personal property kept in a personal computer and contains private information of citizens provided personally.

Request: A copy of the invoice for the invitation services used by Supervisor Gonser for the individual invitations sent out by “evite postmark”.

Response: There is no public record.   The cost was paid from a personal account.

Request: A copy of the invoice for the refreshments for the Event.

Response: There is no public record.  All food was provided at no cost to the Township.

I plan on appealing the Township’s response to the first item.

Some additional comments on the invitation list and the content of the “State of the Township” presentation.

  • It is disappointing that Gonser did not invite ALL of the members of the other significant elected body in the Township – The Parks Commission.
  • He only invited the new Parks Commission members that campaigned on the same platform that he ran on.
  • Many of the financial contributors to Gonser’s campaign were present at the event.
  • There were absolutely no comments on either Parks, or Paths and Trailways in his ‘State of the Township’ address.  These items are of significant importance to many residents as confirmed through surveys.
  • There was no mention of the legal issues facing our Township: The Blossom Ridge Federal investigation by the Department of Justice, the two lawsuits relating to funds the Township has collected from developers and some home owners for connecting to the Detroit Water System, the criminal investigation into Open Meeting Act violations by our Board and also the appeal regarding the civil lawsuit regarding FOIA and OMA violations by the Township.

Here is a video of on the event as described above:

Why is this important to the Citizens of Oakland Township?  It appears that this event was not intended to really be open to the citizens of Oakland Township.  Yet, Gonser is claiming to be “transparent”. Please form your own opinion as to whether his intentions for having this event was to “inform” the public, or build his political base for any future political aspirations while using Township facilities.

Richard Michalski

UPDATE: Judge Langford-Morris decision will be appealed

As stated in a recent post, Judge Langford-Morris was going to provide her written decision regarding the case between Mark Edwards and the Township of Oakland for alleged Freedom of Information Act (FOIA) and Open Meeting Act violations.  Her written decision was provided today.  She determined that there were no FOIA or OMA violations.  Here is a copy of her written decision:

Processed-edwardsoaklandtwp.pdf

Marc Edwards has reviewed the decision, and will be initiating an Appeal to this decision.  He feels strongly that the citizens of Oakland Township have not properly been served by this decision.  He will continue his efforts to ensure that Justice is served regarding the facts in this case.

Richard Michalski

JAN 21 UPDATE: Supervisor Gonser’s “special invitation” State of Township get together

JANUARY 17TH UPDATE:  CONTACT WITH THE TOWNSHIP OFFICE HAS CONFIRMED THAT THEY WILL NOW POST THE “EVENT” ON THE TOWNSHIP WEBSITE SOMETIME TODAY!

JANUARY 18TH UPDATE: THE PROMISED POSTING OF THE  JANUARY 22 “EVENT” ON THE TOWNSHIP WEBSITE HAS NOT YET OCCURRED!

JANUARY 21 UPDATE:  AS OF TODAY, SOMETIME AFTER 2 PM, TOMORROW’S “EVENT” HAS FINALLY BEEN POSTED ON THE TOWNSHIP WEBSITE.   

LAST NIGHT AT A PRECINCT DELEGATE CAPTAIN MEETING, SUPERVISOR GONSER INDICATED THAT HE INVITED 190 INDIVIDUALS TO THE SPECIAL EVENT.  WHEN ASKED WHY HE DID NOT ANNOUNCE THE EVENT TO THE PUBLIC AT THE LAST BOARD MEETING, HE SAID:

“I did not feel compelled to do so!”

WHEN ASKED WHY HE DID NOT INVITE ALL BOARD AND COMMISSION MEMBERS, HE SAID:

“I chose not to invite everyone!’

HE DID SAY THAT THE EVENT WILL BE TELEVISED LIVE ON THE TOWNSHIP WEBSITE, AND CAN BE WATCHED ON CHANNEL 17 ON COMCAST.

PREVIOUS POST

Supervisor Gonser has scheduled a “State of the Township” address for January 22nd at the Township Hall.  Hors d’oeuvres will be served at 6:30 PM.  He has personally invited individuals to this event, and requested RSVP’s.  After calling the Township Hall about this event, they indicated it is open to the public since it is in a public building, however, there may not be enough hors d’oeuvres for everyone since private invitations had been sent out by Supervisor Gonser.  It is not posted on the Township website as a community event.  It is not indicated as an event that will be broadcast over the Township’s live broadcast for the entire Township to see.

This event raises many questions that Supervisor Gonser needs to address.  Some of them being:

  • Who all has been invited to this event?
  • Is this really open to all residents? 
  • If not, why is it not open to all residents of Oakland Township?
  • Why is it not scheduled for being broadcast over the Township website?
  • Should not the “State of the Township” be addressed to the entire community?
  • Who is paying for the food?
  • If this is a private event being sponsored by the Supervisor, is he paying for the use of the Township Hall?
  • Why has the communication of this event been so secretive?
  • Why didn’t Supervisor Gonser announce the meeting at the January 14th Board Meeting?

This may be one of Supervisor Gonser’s attempts at improving “transparency” in our Township.  Here is a copy of one of the “private” special invitations that one resident received:

Special Invitation

Richard Michalski

Judge’s written decision forthcoming on charges against Oakland Township

On January 8, 2014 there was a hearing in the Honorable Judge Denise Langford-Morris’ courtroom regarding the allegations made by Marc Edwards against Oakand Township for violating Freedom of Information and Open Meeting Act requirements.  Those allegations have been reported previously on this website.

After hearing the arguments made by both Mr. Edward’s attorney, and the Township’s attorney, Judge Morris commented:

“I have read the supplied documents on this case, and have heard the verbal arguments.  I will be providing a written judgement on this matter in the near future.”

There was a hearing on November 13 on this matter in Judge Langford- Morris’s court room.  At that time, she suggested that the Township and Mr. Edwards attempt to come to a mutually agreeable solution to this matter.  After several attempts, it became clear a settlement could not be worked out.  As a result, the matter returned to her courtroom on January 8th.

As soon as a written decision is provided, the results will be posted on this website.

Richard Michalski

Oakland Township sued for over $4 million in Water Tap Fees

Oakland Township is the defendant in two suits filed in Oakland County Circuit Court seeking refunds of millions of dollars of previously collected water tap fees.  Since September 1998 developers and individuals who obtained building permits for new residences paid a $2500 Water Fee  for each residential parcel that would be connected to a water system. Together, the suits Kozyra v. Oakland Township and Moceri et al v. Oakland Township allege that over $4 million of Water Fees were collected from the Plaintiffs and, in Kozyra, the members of its class.  The resolution adopted by the Board of Trustees in Sept. 1998 stated that the Water Fees would be used to finance the cost of extending the Detroit Water System to connect to the Oakland Township water system which is a number of interconnected community wells which serve many residences in the Southwest and Southeast areas of the Township.  The 1998 resolution also said that if the Detroit Water System was not or would not, in the reasonable near future, beconnected to the Oakland Township Water System the Water Fees would be refunded.  The plaintiffs in these suits say that the Township has failed and/ or refused to refund the Water Fees.

The suits alleges four counts of improper action:

  1. BREACH OF CONTRACT
  2. UNJUST ENRICHMENT
  3. BREACH OF FIDUCIARY DUTY
  4. COMMON LAW AND STATUTORY CONVERSION

The suits seek:

  • the refund of all the Water Fees paid by the plaintiffs and the class
  • payment of all interest earned on the Water Fees
  • Treble Damages – which are only allowable if Common Law and Statutory Conversion or Theft is found
  • costs and expenses incurred by the plaintiffs for attorneys’, accountants’ and experts’  fees.

The potential cost to the taxpayers of the Township for this suit could be more than $20 million not counting the Township’s own legal fees.   In order to pay sums this large the Township could have to add a special assessment to our tax bills.

Jim Foulkrod