Category Archives: Board vs. Parks

Civility will return to Oakland Township! Our reputation restored!

Congratulations! Our collective efforts have been successful!

Voting_icon

Here are the names of the unofficial winners of the Oakland Township Board positions for 2016-2020 – pending the results of the November election:

Supervisor – Mike Bailey

Treasurer – Jeanne Langlois

Clerk – Karen Reilly

Trustee – Robin Buxar

Trustee – Frank Ferriolo

Trustee – John Giannangeli

Trustee – Lana Mangiapane  (only member of Terry Gonser’s ‘ticket’)

Here are the names of the unofficial winners of the Oakland Township Parks and Recreation Commission positions for 2016-2020 – pending the results of the November election:

Emily Barkham

Craig Blust

Dan Bukowski

Colin Choi

Cathy Rooney

Daniel Simon

Hank Van Agen

In addition, both the Parks renewal millage and the OPC transportation millage were approved.

Why is this important to the citizens of Oakland Township?

With these public servants:

  • Civil, ethical and professional behavior will be restored at both the Board and Parks Commission level.
  • Turmoil regarding the form of governance in Oakland Township will be eliminated.
  • The certainty of the position of Township Manager will enable us to have the most qualified professional municipal manager run the day to day operations in the Township.
  • Conflicts between the Board and the Parks and Recreation Commission will be eliminated.
  • The great reputation of our Township will be restored.

Will there be difficult and contentious issues our community will have to deal with?  Absolutely!  Will there be differences of opinion on how to resolve the issues?  Absolutely!

However, we have seen how the returning Board members have developed and worked together as a team over the past few years.  Our future looks bright!

Thanks to all the great candidates that chose to run for office!  Thanks to the retiring Parks and Recreation Commission members for ‘vetting’ the new Commission’s candidates, so their legacy will continue!  Thanks to the countless others that helped get the new officials elected! Thanks to all those who have been following this website!  Thanks to all of those who contributed to the ‘Oakland Township Watchers Action Committee’ for helping to make the election results a success!

BUT, most of all, thanks to all those who voted!

YOUR VOTE COUNTED!

Richard Michalski & Jim Foulkrod

 

 

 

Were residents misled by Supervisor Gonser regarding the Parks and Recreation Commission’s legal fees?

This website has recently reported on legal expenses incurred by our Township.  One of our discoveries has resulted in a $9,000 per year savings to our Township.  As we continued our investigation, Bob Yager, the editor for the Oakland Township Sentinel LLC, made a discovery that raised a question regarding what really is covered in our Township’s monthly legal retainer fee.  

During 2014, former Trustee Thalmann repeatedly accused the Parks and Recreation Commission (PRC) of ‘wasting’ Township funds by using a different law firm, since the retainer fee for the Township Board’s law firm allegedly included PRC legal support. Supervisor Gonser never corrected the repeated accusations even though a year earlier, at a PRC meeting, Supervisor Gonser made a commitment that Thalmann’s accusations would not occur.

Here is the chronology of events:

  • On February 26, 2013, the Township Board approved a contract with our current Township legal service firm,  Giarmarco, Mullen and Horton P.C.
  • On February 27, 2013, the Parks and Recreation Commission discussed the Board’s decision regarding legal support.
  • The minutes from the February 27, 2013 PRC meeting state:

“Supervisor Gonser was present and explained that the Board solicited quotes for legal services. They agreed to contract with a firm for a not-to-exceed amount for one year, and that this figure anticipated that the new firm would provide legal services to the PRC. However, the amount would be reduced if the PRC chooses to obtain legal services through a different firm.”

  • At the March 13, 2013  PRC meeting, the PRC decided to keep the legal firm they had been using for years. It was not the same firm that the Township Board was using.
  • Between January 14, 2014 and Ocotober 14, 2014, former trustee Thalmann repeatedly accused the PRC of wasting money by using their own attorney rather than using the Board’s legal firm, which allegedly was covered in the Township’s monthly retainer fee..
  • Not once, after the repeated accusations by former Trustee Thalmann, did Supervisor Gonser challenge the accuracy of her statements, even though he stated on Febraury 27, 2013 that what she said would not occur.

Here are video clips of Trustee Thalmann’s repeated accusations made on:

  1. January 14, 2014 BOT
  2. February 11, 2014 BOT
  3. March 11, 2014 BOT
  4. September 23, 2014 BOT
  5. October 14, 2014 BOT

 

Why is this important to the citizens of Oakland Township? Many citizens still believe that the Township is paying for legal fees that are unnecessary.  The Supervisor has never clarified this issue.

With this documentation, one of three things must be true:

  • The original monthly retainer fee was reduced to reflect the decision the PRC made to keep their own legal support firm, BUT Supervisor Gonser never felt it necessary to correct the multiple erroneous statements made by former Trustee Thalmann.

or

  • The original monthly retainer fee never included the PRC legal services, BUT Supervisor Gonser never felt it necessary to correct the erroneous statements made by former Trustee Thalmann.

or

  • Supervisor Gonser never reduced the monthly retainer fee to reflect the decision the PRC made to keep their own legal support firm, AND we are continuing to pay more for legal services than what is necessary.

We will request the the Board clarify this issue and report on it in a future post.  We are either paying more for legal services than what we need to be paying, or Supervisor Gonser’s ‘silence’ on this matter was an ‘act of omission’.

Richard Michalski

 

 

Board Resolution – Acts By Rogers, Thalmann “Repudiated” as a “Breach of Trust” . Gonser’s inactions termed “improper”

The Oakland Township Board of Trustees, at their July 28th meeting, voted 6-0 (Gonser absent) to approve a resolution stating “There has been an inappropriate release of privileged and confidential and/or Attorney/Client protected communications which constitutes a Breach of Trust and is hereby repudiated.” and  further “It is improper to fail to disclose any unauthorized receipt of privileged communications prior to entering deliberations pertaining to matters discussed in the communications.”.

Background

The reasons for the resolution are  the April 28th 2015  findings of an investigation,  authorized by the Board of Trustees on March 24th 2015, conducted by Township Staff and the Attorneys for the Township and the Parks Commission that found:

  • Supervisor Gonser improperly received three emails pertaining to Parks Commission Closed Sessions or containing Parks Commission Attorney/Client privileged communications;
  • Trustee Thalmann had  sent three emails pertaining to Parks Commission or Board of Trustee Closed Sessions or containing  Attorney/Client privileged communications to (variously) Commissioner Rogers, Supervisor  Gonser  and/or unauthorized private citizens.
  • Thalmann had received two emails from Commissioner Rogers pertaining to Parks Commission Closed Sessions or containing  Attorney/Client privileged communications.
  • Commissioner Rogers sent six emails pertaining to Parks Commission Closed Sessions or containing  Attorney/Client privileged communications to (variously) Trustee Thalmann, Supervisor Gonser and/or unauthorized private citizens.

The Parks Commission and the Board of Trustees reviewed these findings at a April 28th 2015 joint meeting and forwarded them to the Oakland County Prosecutor. The Prosecutor’s office reported back on July 15th 2015 that “no basis exists for criminal prosecution and…no laws have been violated.”.

Commissioner Rogers and former Trustee Thalmann, who had resigned during this time period, each stated in various public meetings that they had done nothing wrong, were totally exonerated and were owed apologies.  They did not dispute the findings of the investigation that they had violated  Attorney/Client Confidentiality and Privilege.  They dismissed that as unimportant.

The Board of Trustees felt that, criminal or not, the behavior was improper and important and called for Board action which was taken with the 7/28/15 Resolution.

What are we to think about this? 

We all know about Attorney/Client Confidentiality.  Is it really, as Rogers and Thalmann seem to think,  a matter unworthy of their concern when they are doing the citizen’s business?  We must think not. It is not immaterial.  It is not just a detail.  We would not be alone in being concerned with their attitude.  In an Article “What Attorney-Client Privilege Really Means” by the global law firm Smith, Gambrell & Russell LLP I found this:

The attorney-client privilege is the oldest privilege recognized by Anglo-American jurisprudence. In fact, the principles of the testimonial privilege may be traced all the way back to the Roman Republic, and its use was firmly established in English law as early as the reign of Elizabeth I in the 16th century. Grounded in the concept of honor, the privilege worked to bar any testimony by the attorney against the client.

A legal concept grounded in honor that has been fundamental to jurisprudence in Western Civilization for over five hundred years deserves our respect. Public Officials, elected by the people, cannot act as though it does not apply to them.

Perhaps these breaches of trust had their origin in the leadership,  People who lead an organization have the responsibility to set an example for the practice of strong ethics. Gonser did not inform the Board that he had improperly received protected communications about matters which were immediately important to him.  Also, Supervisor Gonser had, until recently, refused to abide by the Township’s Ordinance 97 which limits the elected Supervisor’s authority with regard to conducting Township business.  He made many decisions and did many things for which he had no authority.  In conversation with me last Spring he explained himself saying that he was elected by people who don’t know that the Supervisor’s power is limited and that they expect him to “be the leader of the Township” and that they didn’t elect him “just to chair meetings and ride in parades”.  Rogers and Thalmann may have just been following a bad example.

Taking another step up the chain of responsibility, lets look at ourselves, the voters.  We elected Rogers, Thalmann and Gonser either by voting in the 2012 August Primary or by not showing up.  At that time the Township had over 12 thousand registered voters.  How many votes did it take for these people to get elected?

  • Gonser  – 1784 votes – 14% of the electorate;
  • Thalmann – 1534 votes -12%  of the electorate;
  • Rogers – 1315 votes -11%  of the electorate.

What Can We Do?

The August 2016 Primary Election is 12 months away.  It is an important election because, in Oakland Township, for whatever reason, our local elections seldom attract Democrat candidates, so the November Elections for Local Offices are not competitive contests. Our Local elections are decided in August.

Let’s learn from these events.  Get active, Get informed, Get on the Ballot, Get to know the Candidates and Get Out The Vote in August.

Jim Foulkrod

Township subsidizing developers? Board identifies accounting error – reduces retainer fees for legal services in Oakland Township – still many unanswered questions

At the July 28, 2015 Oakland Township Board meeting, the Board revised the contract with the Township’s legal firm, Giarmarco, Mullins and Horton P. C.  The monthly retainer fee was reduced by $750.  Treasurer Langlois stated the reduction was done for a ‘more proper’ allocation of expenses regarding legal services.  Trustee Bailey indicated that there were some legal service fees that were put ‘erroneously’ into the General fund that should have been billed to ‘other people’. 

The change to the contract is welcomed. As previously reported on this website, the legal service fees for our Township have almost doubled since the new Board was elected in 2012.  This recently discovered error explains a portion of the reason for the higher expenditure, but does raise several questions regarding whether the Township has been subsidizing developers, and whether we can retroactively recover those costs.

The Board also missed an opportunity to clarify an issue that had been repeated raised by former Trustee Thalmann regarding ‘double coverage’ for legal services for the Parks and Recreation Commission.

Treasurer Langlois proposed the change in the contract to:

“facilitate a more proper allocation of the expenses regarding the legal services to the accounts and funds that make use of those.”

Trustee Bailey stated:

“One of the advantages of what you are proposing is that we’ll be billing appropriately the people that should be billed for these legal services. Whereas before, they were kind of all,  much of them, or some of them at least were put into the General Fund erroneously or not correctly, and were funded by our General Fund.”

The author of this post raised several questions at the meeting.  They are restated here:

  • Have all the charges that should have been charged to the developer’s escrow funds been identified?
  • If they have been identified, have they been correctly charged to those accounts?
  • If they have not been identified, will they be identified?
  • If not, have the Township citizens essentially been subsidizing the developers?
  • Are there other consultant fees, beyond the legal fees, that have improperly been charged to the Township?

The Board did not respond to any of the questions raised.

The author also pointed out a missed opportunity to clarify an issue regarding the legal fees for the Parks and Recreation Commission.

Former Trustee Thalmann repeatedly complained that the legal retainer fee includes legal support for the Park’s Commission, but that the Parks Commission continues to use Joppich’s firm resulting in double payment for services.  The Board members never corrected her repeated claims. As a result, the citizens were left to believe that the monthly retainer fee WAS intended to cover the Parks Commission.

Based on that assumption, an analysis was undertaken to look at the historical expense for legal fees for the Parks and Recreation Commission prior to the Board changing law firms.

The six year average for Parks and Recreation legal services, prior to this Board taking office, was approximately $5,000 per year. As a result, the monthly retainer fee with Giarmarco, Mullens & Horton, P.C. should be further reduced by $416 per month, or $5,000 for the year, to reflect that they are not providing Park’s Commission legal support.

Once again, the Board refused to respond to the question and suggestion.

Here is a video of Treasurer Langlois and Trustee Bailey’s comments at the meeting.

 

Why is this important to the citizens of Oakland Township?  As previously reported, the legal expense for our Township has almost doubled since the current Board took office.  The following graph shows this historical and projected trend.

Oakland Township Legal expense

(click on graph to enlarge)

The recent discovery, that we have not been charging developer’s escrow funds for legal services, is a direct result of the inquiries raised on this website.  The Board needs to address the questions raised in THIS posting, so the citizens understand how much we may have subsidized developers and if the fees can retroactively be recovered. They also need to clarify whether the retainer fee is intended to cover Parks and Recreation legal support, as had previously been claimed by former Trustee Thalmann, and not challenged by the Board.

There are a number of other financial ‘transparency’ issues that will be brought up in later posts.  The Board still needs to make a case for why legal service fees have almost doubled during their tenure.

Here are some previous posts on this subject:

Attorney bills out of control in Oakland Township?

July 14th UPDATE: Attorney bills out of control in Oakland Township? Accounting error found!

 

Richard Michalski

Good news and bad news for Oakland Township?

THE GOOD NEWS – At the January 13, 2015 Oakland Township Board meeting a positive step was taken in improving the relationship between the Township Board and the Parks and Recreation Commission (PRC).  There was an agreement made regarding the employment status and unionization efforts of PRC employees.

THE BAD NEWS – Contrary to what Supervisor Gonser stated, Trustee Bailey confirmed that unionization efforts by the Parks Commission employees occurred after the current Board was elected.  Unionization efforts are typically initiated by employees to protect themselves from  administrative’ actions and decisions.  The Parks Commission employees are considering joining a union. The Fire Fighters joined a union after the current Board came into office.

At the January 13, 2015 Oakland Township Board meeting, the Township Board agreed to a Tentative Settlement Agreement between the Oakland Township Board, the Oakland Township Parks and Recreation Commission and the Michigan AFSCME Council 25, AFL-CIO.  This agreement states that the Township Parks and Recreation Commission employees are co-employed by the Parks and Recreation Commission as well as the Township.  It states that both parties (PRC and Township) ‘have the right to participate in bargaining with the proposed bargaining unit’.

This tentative agreement was negotiated as a result of a December 16, 2014 State of Michigan Employment Relations Commission Hearing. This Tenatative agreement was approved by the Parks and Recreation Commission at their December 17, 2014 meeting after the hearing.

The issue of who the Parks and Recreation employees ‘work for’ has been a contentious issue ever since the current Board of Trustees came into office in 2012.  Several members of the Board had taken the position that the PRC employees were under their control, not the Parks and Recreation Commission.  The issue had escalated to the point where legal action had been taken between the Board and the PRC.  Taxpayer money has been spent on arriving at the Tentative Agreement.

At the January 13th Board meeting, Supervisor Gonser stated that the unionization efforts by Township Staff was started under the former Board (the Fire Department is now unionized and the PRC employees are considering joining a union).  Trustee Michael Bailey corrected Supervisor Gonser indicating that the unionization efforts were started after this Board was elected.

Here is Gonser’s statement:

“Both the unionization of the Fire Department, and unionization of the Parks Department began under the previous administration, so that was already in place when this Board took office.  It has simply progressed from there to this point.”

One of Oakland Township citizens questioned Gonser’s choice of words asking:

“Is that a technical point?  Are you saying before you “took office”, but was it after you were elected?  Because I had understood, or heard, that there was (employee) fear based on (new Board member) positions taken.”

Gonser replied by stating:

” I don’t know if I can draw that distinction, but I do know it took place before this board took office.”

Trustee Bailey (a Trustee of the Board under the previous administration) responded by saying:

“I do not recall any discussion about unionization of Parks Commission during our tenure on previous Board.

As far as the Fire Department unionization, there were preliminary discussions, but no real action taken until after this Board came on board.”

Here is a video of that exchange:

There have been many issues between the Board and the PRC since the Board came into power in 2012.  The most egregious was Terry Gonser’s April 1, 2014 memo, sent by former Superintendant James Creech, attempting to take control of the Land Preservation fund from the PRC.  Other documented issues are referenced here:

Board vs. Parks issues

Here is a copy of the agreement.

Tentative Settlement Agreement

Unionization efforts were discussed on this website in July of 2013

Why is this important to the citizens of Oakland Township?  The approval of the agreement can be construed as a ‘bury the hatchet’ action by both the Township Board and the PRC.  Hopefully future actions the Board takes will keep the positive direction taken in this first step.

The only reason we were dealing with this issue is because of the attacks that Supervisor Gonser, and several other members of the Board, have taken against the Parks and Recreation Commission and employees.  Employees seek union protection when they fear actions that their ‘management’ may take.

The potential unionization of Township employees does not benefit the Township or ultimately the employees if a good working relationship with ‘administration’ can be maintained.

Supervisor Gonser’s denial that unionization efforts started when this Board was elected in 2012 is another example of him trying to distance himself from the consequences of his actions.

Hopefully the majority of the Board will continue to improve the relationship with the PRC and eliminate any further legal expense associated with asking the court system to resolve issues.

Richard Michalski

Supervisor Gonser knew about Gas Pipeline proposal but refused to inform the Park Commission

Supervisor Gonser knew about a proposed gas pipeline through Oakand Township more than a month before the Parks and Recreation Commission was informed that the pipeline was proposed to go through one of our Parks.  Gonser chose not to inform the Parks Commission about this project.  He later approved the survey work on the park land even though he knew the Parks Commission had not approved the request.  

As reported previously on this website, Vector Pipeline, a representative of DTE, met with the Oakland Township Parks and Recreation Commission on November 12, 2014 to request approval from the Parks Commission to proceed with a survey through Draper Twin Lakes Park to potentially install a 42 inch diameter gas line.  This proposed path is an optional path Vector Pipeline wanted to consider rather than using an existing right of way adjacent to the Park property.  There was no good reason given for why Vector Pipeline preferred to use the parkland.  This line would traverse our entire Township.  The Parks Commission did not grant approval to proceed with the survey work.  However, a few days after the meeting, a survey company was seen surveying the parkland.  Upon investigation, it was discovered that Supervisor Gonser had given approval to survey the land without the Parks Commission’s knowledge or approval.

Information obtained through the Freedom of Information Act (FOIA) indicates that Supervisor Gonser met with DTE, knew about the proposal, had a map of the proposed path, and sent a letter to the Board members informing them of project more than a month (October 2 and 3) before the Parks Commission meeting.  Supervisor Gonser apparently did not feel it necessary to inform the Parks Commission since they were not included on his email.

Gonser’s letter also included a draft letter that Vector Pipeline planned to send to all affected landowners prior to doing any surveying.  The Parks Commission never received a copy of the letter.  Gonser must have felt that since he had seen the letter, he felt it acceptable to approve the survey request even though he knew the Parks Commission had not approved it.

A discussion of Gonser’s actions on this issue is on the agenda for the January 13 BOT meeting.  Please come to the meeting or watch the discussion on your computer or TV.

Here are the documents obtained through the FOIA process:

Gonser’s prior knowledge of pipeline project

Why is this important to the citizens of Oakland Township?  The Township Board, and particularly Supervisor Gonser, has had a number of confrontations with the Parks and Recreation Commission.  Some of these confrontations have escalated to formal legal proceedings.  Gonser’s obvious “in your face” decision to approve the survey work without having shared his prior knowledge of the project is yet another one of his ‘attacks’ on the Parks Commission.  He approved the request without having valid reasons given for why the existing right of ways could not be used.  His underhanded withholding of information from the Parks Commission is yet another example of his leadership style and ethics.

He claims to spend 50 to 60 hours per week on Township work, yet he could not take 30 seconds and include the Parks Commission on distribution on his October 3, 2014 email?

RIchard Michalski

Parks Commission action may have prevented Township Board from violating Michigan’s Elliott-Larson Civil Rights Act

As reported recently, the second lawsuit against Oakland Township over the Blossom Ridge Development was filed on December 11, 2014.  One of the claims made in the filing is that:

“The Township’s disregard of and seeming inability to comprehend its FHA obligations is systematic and pervasive”

The above claim is based  a Board decision at the December 10, 2013 Board meeting to have the Parks Commission ‘refrain’ from making an offer to a potential caretaker for the Lost Lake Park.  This individual was the choice of the Parks and Recreation Commission.  The Board’s concern was the potential liability of extending this job to the recommended person since the family had young children.    

Fortunately, the Parks Commission had performed their ‘due diligence’ in getting input from the Township’s Insurance company as well as the Park Commission’s Attorney, and proceeded with their selection.  Had the Park’s Commission rejected the selected caretaker based on the Township Board’s concern, the Township could have been charged with violating the Elliot Larson Act for using familial status as a reason for not hiring the caretaker.

Here is the information included in the Moceri/DM investment LLC and Joan Buser vs. Charter Township of Oakland filing – 12/11/14:

  1. The Township’s disregard of and seeming inability to comprehend its FHA obligations is systematic and pervasive as evidenced by the following illustration.
  1. The Township owns a park with a house on a lake.
  1. For years the Township leased the house to a caretaker who lived in the house and maintained the house and park.
  1. In 2013 the Township Parks and Recreation Department hired a new caretaker and as usual agreed to the caretaker’s occupancy of the house.
  1. On December 10, 2013, twenty minutes after voting to deny a reasonable accommodation for the disabled prospective residents of Blossom Ridge, Board of Trustees Member and Township Treasurer Jeanne Langlois moved to set aside the Parks Commission’s hiring of the caretaker because the caretaker has a family including two young children, starting the following exchange:

Treasurer Langlois:   Move that the Board make a review of that potential situation [a lease of Twp property to a Family with Minor Children]…and make a motion to authorize the Township Supervisor to formally request that the Parks and Recreation Commission refrain from entering into a caretaker contract until the liability issues can be reviewed by the Township insurance agent and Township legal counsel.

Trustee Bailey:  Is this the first that you’re aware of that we have done such a thing [lease to a family with minor children]?

Treasurer Langlois:  Yes, I understand there was a caretaker in the past, there were no minor children that I know of and then the initial approval recently was for a new caretaker that did not involve a family with minor children and when that fell through this apparently prompted the Parks [commission] to look at family with 2 very small children.

Trustee Bailey:  How small are they?

Treasurer Langlois:  Six and two.

  1. The Langlois motion was approved unanimously.
  1. No Board Member mentioned the protection of families with children against housing discrimination under Federal and Michigan law. No one ventured a thought as what this action’s impact on the caretaker and his family. The caretaker would be deprived of both housing and employment. The Board wondered whether their insurance rates might be affected. They did not consider that children play in the park everyday. The Board thoughtlessly assumed that landlords of properties fronting Michigan’s 11,000 inland lakes and thousands of miles of Great Lakes shoreline are exempt from Federal and Michigan laws prohibiting discrimination against families with children.
  1. The foregoing episode illustrates the current Township Board’ impenetrable indifference to its fair housing obligations. To its credit the Parks Commission ignored the Board.

Here is a copy of the Michigan Elliott-Larson Civil RIghts Act.

Why is this important to the citizens of Oakland Township?  Only the court will determine if the example shown above will have an impact on the final decision regarding Blossom Ridge.  However, another conclusion can be made from this example.

Ever since early 2013, the Township Board and the Parks and Recreation Commission have had separate law firms providing legal guidance.  The decision by the Parks Commission to retain their own counsel was based the Board’s confrontational actions toward the Parks Commission (some of which are involved in legal actions BETWEEN the two elected bodies).

Examples of the Board’s confrontational actions against the Parks and Recreation Commission can be seen by scrolling through the articles in the following link (this article is the first one shown, so please scroll through the entire list):

“Board vs. Parks”

Trustee Thalmann consistently points out, during her “Trustee Comments” at Board meeting, the legal expense that the Parks Commission has incurred for the month.  The contract with the Board’s legal team technically includes legal support for the Parks and Recreation Commission. She claims that the Park’s legal expenses are not necessary, since they would be covered by the contract with the Board’s legal team. It should be pointed out the the Board’s legal team did not advise the Board against making their December 10, 2013 motion.

It appears that the Parks Commission’s legal counsel, and the decision by the Parks Commission to proceed with extending the offer to the family with children, may have prevented the Township from a lawsuit involving a Elliott-Larson civil rights violation.

Oakland Township’s legal expense has increased dramatically since the new Board has come into office.  The legal fees incurred by the Parks Commission are totally eclipsed by the legal fees incurred as a result of lawsuits our Township is involved in since the new Board took office.

The Township should be grateful for the actions taken by the Parks and Recreation Commission based on the legal advice from their separate legal counsel.

Richard Michalski

 

 

 

We need your help! Supervisor Gonser does it again!

If you have been following the information we have been sharing regarding the behavior of Supervisor Gonser, the information included in this post will come as no surprise to you. However, it has now reached the point where the citizens of Oakland Township need to express their opinions on his inappropriate, unauthorized decisions.

The most recent incident involves a decision he made on the possible use of park land.  His action is consistent with his desire to control the, separately elected, Parks Commission.

After reading this, if you find his behavior unacceptable and are concerned about the impact of this pipeline on our park, we invite you to the December 9th Oakland Township Board meeting at 7 PM and let the Board know your position.  It is not officially on the agenda, but some Board members may add it.  If it is not placed on the agenda, you will still be able to provide your input during the ‘citizen comments’ section of the meeting.  

Here is the background on this issue:

  • At the November 12, 2014 Parks and Recreation Commission (PRC) meeting, Chris Hawthorne, an employee of EnSite who represents Vector Pipeline, gave a presentation describing a proposal to install a 42 inch diameter high pressure gas line (up to 1000 psi) through our Township.
  • This pipeline is intended to transmit natural gas from Illinois, through Indiana and to Canada.
  • 95% of the pipeline route through the state is intended to follow an existing pipeline and utilize the currently approved rights-of-way (ROW’s already going through our Township).
  • Vector Pipeline wants to deviate from the existing right-of-way in one area of our Township by putting the pipeline through Draper Twin Lakes Park.
  • The stated reason for the deviation was that installing the pipe through the existing right-of-way was “extremely tight”.
  • They were asking permission from the Parks Commission to survey the land to determine the feasibility of routing the pipeline through the park.
  • During questioning, the representative stated that all Supervisors in the affected communities had previously been contacted regarding this project.
  • The Parks Commission members were not aware of any previous communication on this issue.
  • When PRC chairman Zale asked if any Commission members would like to make a motion to approve the request, there was silence. As a result, the request was denied.
  • The Parks Commission did not approve the request on the basis that the park land has deed restrictions that prevent the pipeline from going through it.
  • A few days later, parks personnel observed individuals from EnSite USA surveying Draper Twin Lakes Park.
  • Upon further investigation, Mr. Harthorne indicated that after he did not receive permission to perform the survey from the PRC, he contacted Supervisor Gonser, and Supervisor Gonser gave him permission to do the requested work.

Here is a copy of the map showing the proposed path for the pipeline through Oakland and Macomb Counties.

Proposed gas line route

 

Click on the map to see a larger version of it.

Here is a copy of the map showing the proposed route for the pipeline through the Draper Twin Lakes park: (The yellow line is the existing pipeline and approved ROW.  The red line is the proposed path through the park.) 

Proposed gasline route vs. existing gasline ROW

Click on the map to see a larger version of it.

Here is a video showing the typical impact of the installation of this type of gas line:

Why is this important to the citizens of Oakland Township?  Supervisor Gonser did not have the authority to authorize the surveying work.  He appears to not be concerned about the impact of a gas pipeline through our Parks.

Gonser unilaterally made this decision, totally disregarding the PRC’s stance on this matter.  The park land is the PRC’s responsibility, not the Supervisor’s.  He did not have any public communication on this matter with other Township Board or PRC members.

His lack of knowledge regarding the impact gas lines can have in a community is exemplified by his total disregard for the location of a gas line near his home. As part of an settlement agreement in a personal protection order (PPO) request made by his neighbor against him, he agreed to move a tree that he planted on his neighbor’s property.  When Gonser had a company move the tree, a gas line was ruptured.  He did not utilize ‘mis-dig’ to locate the line prior to attempting to move the tree.

It appears that when Gonser wants to get something done, he does not consider the correct process to be followed, or the potential consequences of his actions.

Gonser’s personal experience with gas lines

This recent action by our Supervisor is yet another example of his arrogant, authoritarian style.  Please click on the words “Supervisor Gonser” in the right portion of this webpage to scroll through and read the many previous posts regarding Supervisor Gonser’s actions.

If you find his behavior unacceptable or are concerned about he impact of the pipeline on our park land, please attend the December 9 Board meeting, and express your displeasure with his actions and decision.

 

Richard Michalski

Park’s Commission Treasurer Roger Schmidt violates his oath of office

At the February 25, 2013 Oakland Township Board meeting, Parks and Recreation Commission Treasurer Roger Schmidt complained about how he and the other newly elected commissioners were constantly being outvoted.  He went on to accuse the Parks Commission for using the Land Preservation Fund as a ‘slush fund’.  At the March 12 Parks and Recreation Commission meeting, he tried to explain his ‘slush fund’ comments.  He concluded by saying:

“There are some things I’m sure that if the residents knew it was being used for they wouldn’t approve of that.”

Treasurer Schmidt never gave supporting facts for his accusations.

As the Treasurer of the Parks Commission, it is his responsibility, along with the other members of the Parks Commission, to make sure the funds are used properly.  By his admission that he believes the fund is not being used properly, and has never identified the “things” he infers, he has failed to follow his oath of office.  He had challenged the spending of $250 for the taxidermy of an owl from the land preservation fund, but he challenged it AFTER he had already approved it!  The use of fund money for that project had been explained and justified. His actions (or inactions if his allegations are true) are grounds for a recall.  His behavior has been a dereliction of duties.

Why would an elected official make these accusations without providing the facts to support them?   He and others have filed a complaint against other Commission members that Open Meeting Act violations may have occurred.  That issue surely will be sorted out in the legal system.  He accuses the other Commission members of ‘attacking our character’, again without providing factual examples.  His unsubstantiated accusations are outside the bounds of what Oakland Township citizens should find acceptable.

Here are videos of his comments from the two meetings mentioned above.

Why is this important to the citizens of Oakland Township?  The Treasurer of an elected Board has the legal responsibility to challenge anything he/she finds inappropriate regarding expenditures.  To make accusatory comments, without the supporting facts, is inappropriate, and rapidly becoming the ‘new reality’ in Oakland Township.  Please get involved in making sure our elected officials perform their duties and not make false accusations.

Richard Michalski

Township Board finally agrees with Oakland Township citizens’ desires

Over the past year, some members of the Township Board have wanted to take over the responsibility for managing the Land Preservation Fund.  This fund has been managed by the Parks Commission since the creation of the Fund.  At the March 11 Board Meeting, the Board finally agreed to have the Parks Commission continue to manage this fund.  It was not a unanimous vote.  Supervisor Gonser and Trustee Thalmann wanted to have the Township Board take over the management of the Fund.  Treasurer Langlois, Trustees Bailey and Buxar supported having the Fund managed by the Parks Commission.

Some additional background on this issue has been previously reported on this website.  On April 1 of 2013, Supervisor Gonser had authorized a memo to be written by then Superintendent Creech to have the Land Preservation Fund taken over by the Board.  During the course of this past year, the facts came out that this was a unilateral decision by Supervisor Gonser, and not one that the Board had approved.  Fortunately due to the persistence of many citizens who have supported our Parks programs, the Board finally resolved this issue with the vote on March 11th.

At the March 11th meeting, one of our citizens gave a very clear and direct explanation why the Parks Commission should continue to manage this fund.  Here are her comments and the vote on this issue.

Why is this important to the citizens of Oakland Township?  Due to the multitude of citizens that supported the Parks Commission on this issue, we were able to get enough Board members to recognize that the many initiatives  the Parks Commission has undertaken over the years is not part of what Terry Gonser considers a global United Nations conspiracy called ‘Agenda 21’.  Continued citizen involvement is critical to preventing our Township from being taken over by a group of radical ‘Tea Party’ individuals.

For additional background information see:

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

Trustees seize Land Preservation Assets

RIchard Michalski