Tag Archives: John Markel

Parks Commissioners’ lawsuit against fellow Commission members rejected by Judge for second time

3 Replies

On May 14, 2015, Circuit Court Judge Honorable Leo Bowan rejected, for the second time, the lawsuit filed by Oakland Township Parks Commissioners Ann Marie Rogers and Roger Schmidt, as well as resident Beth Markel, claiming that fellow Parks Commission members had violated the Open Meetings Act.  The original lawsuit was filed in February of 2014.  Hopefully this issue is now behind us.

As previously reported on this website, and in the Oakland Press, Ann Marie Rogers shared ‘Privileged and Confidential’ material with co-plaintiff Beth Markel, former Trustee Thalmann and Supervisor Gonser.  These communications occurred during the litigation period. The matter is being further investigated by the Oakland County Sheriff’s Office for possible legal action against Commissioner Rogers and former Trustee Thalmann.

Here is some background on this lawsuit:

  • On February 28, 2014, two Parks and Recreation members, Ann Marie Rogers and Roger Schmidt, along with Beth Markel, the wife of Zoning Board of Appeals member John Markel, (the plaintiffs) filed a lawsuit claiming that PRC members Dave Mackley, Colleen Barkham, Alice Tomboulian and Joseph Peruzzi (the defendants) violated the Open Meeting act through email correspondence.
  • On December 2, 2014, the defendants filed for ‘summary disposition’ of the case.
  • On December 3, 2014, the plaintiffs filed a cross motion for ‘summary disposition’.
  • On February 13, 2015, Circuit Court Judge Honorable Leo Bowan granted the defendants request for summary disposition and dismissed the case. He also dismissed the plaintiff’s request for cross summary disposition as “moot”.

Here is a copy of the February 13, 2015 legal ruling for the lawsuit:

20150213_opinion_fld_ord-grnt_dft_mtn_sd_100867059

  • On March 4, 2014, the plaintiffs made a motion for reconsideration in the decision.
  • On May 14, 2015, the Judge found:

“This Court finds that plaintiffs’ present motion fails to demonstrate a palpable error by which this Court and the parties have been misled.”

The Judge goes on to say:

“This Court finds that the defendants’ reasoning and arguments in their response to the motion for reconsideration accurately states why this Court granted their  – not plaintiffs –  summary disposition.”

Here is a copy of the May 14, 2015 legal ruling for the lawsuit:

20150514 50_Opinion and Order re Motion for Reconsideration

During this time period, Ann Marie Rogers shared a number of ‘Privileged and Confidential’ documents with Beth Markel, Maureen Thalmann, and Supervisor Gonser.  Some of this information pertained to ‘Closed Session’ legal matters.  Here are copies of the Township Attorneys’ discoveries regarding inappropriate sharing of “Privileged and Confidential” material.

Investigation results from PRC attorney

Investigation results from Township Board’s attorney

Why is this important to the citizens of Oakland Township? The Judge’s decision to dismiss the lawsuit raised by Commissioners Ann Marie Rogers, Roger Schmidt and private citizen Beth Markel, vindicate the other Parks Commission members.  This lawsuit has cost the Township in the form of legal fees and reputation.

Ann Marie Rogers disclosure of ‘Privileged and Confidential’ material with a fellow plaintiff and others is under review by the Oakland County Sheriff Office.  This matter appears to be much more serious than the alleged open meeting act violations that she claimed occurred.  The Judge made his decision on the open meeting matter.  It is now up to the Sheriff’s Office to determine if there is sufficient evidence to warrant prosecutorial action.

Hopefully our citizens will consider the actions of our current Township officials when we vote in 2016.  Oakland Township deserves better!

Richard Michalski

 

Parks Commissioner Ann Marie Rogers attempts to defend her behaviour

3 Replies

In the May 7, 2015 Oakland Press website posting titled,

‘Report: Oakland Township Parks Commissioner shared confidential emails’,

Parks and Recreation Commissioner Ann Marie Rogers attempted to defend her forwarding of ‘privileged and confidential’ material to others by saying she never signed anything preventing her from doing that.  Here is a portion of that article:

Rogers noted she was never asked to sign an agreement stating she not share attorney-client communications following her 2012 election to the board.

The wording in the ‘Privileged and Confidential’ statements attached to legal documents always makes it clear what is not to be done with those documents. It appears Commissioner Rogers did not believe it applied to her.

Comments made by others involved in this recent Oakland Township issue appear to shed some light on their value systems.

 

Why is this important to the citizens of Oakland Township?  Our elected and appointed official’s actions should be based on a generally accepted value system and must be held accountable for their actions.

It is surprising that Parks Commissioner Rogers, after serving on the Parks Commission for over two years, states she was never asked to sign an agreement stating she not share attorney-client communications.  She apparently does not feel anything wrong was done, and has not read the ‘privileged and confidential’ statements on the documents she received.

In an earlier Oakland Press article, former Trustee Thalmann stated she thought she was ‘collateral damage’ and the issue would all ‘go away’ if she resigned. She too apparently does not feel anything wrong was done, and had not read the ‘privileged and confidential’ statements on the documents she received and forwarded.

Here is that Oakland Press article:

Oakland Township board to send email confidentiality breach findings to sheriff’s office

Finally, the husband of the third party involved in receiving some of the ‘privileged and confidential’ material (including ‘closed session’ material) has attempted to justify at various Township meetings, his wife’s receipt of the material, by claiming since they were emails, they were “on a server”, and therefore not secure. He apparently does not feel anything wrong was done.  He has asked that in the future all ‘privileged and confidential’ material be hand delivered in paper form, no emails.  This individual is also a member of the Oakland Township Zoning Board of Appeals, who occasionally receives legal ‘privileged and confidential’ material. Hopefully he has read and understands the wording in the ‘privileged and confidential’ statements.

It is amazing the logic individuals use when they try to justify their unjustifiable behavior.

Oakland Township deserves the best elected and appointed officials.  We hope Commissioner Rogers steps down and a new Commissioner is selected.  We also hope the Oakland Township Board makes a good selection for the vacant seat on the Board in the upcoming meetings.

Richard Michalski

 

Character of Oakland Township would change dramatically if Zoning Board of Appeals member has his way

5 Replies

At the March 25th Oakland Township Board meeting, John Markel, one of Supervisor Gonser’s recommended Zoning Board of Appeals members, expressed his vision of what our Township Zoning should be.  If what he envisions ever  got approved by the Planning Commission and the Township Board, the character of our Township would change dramatically.

One agenda item on the March 25th Oakland Township Board meeting was a discussion about modifying the previous Court Order limiting the type of commercial use allowed at the Rochester Cider Mill on Rochester Road. There were people their who supported the changes, and some who did not.

John Markel, one of our Township Zoning Board of Appeals members who was nominated by Supervisor Gonser, without being acknowledged by Supervisor Gonser for ‘having the floor’, made comments indicating that he believes the zoning in our Township needs to be changed.

Here is a video of his comments:

John Markel appears to believe that the Township’s existing zoning map is not in line with the desires of our residents.  Oakland Township has been very meticulous in determining what type of development the citizens desire in Oakland Township. The current Zoning reflects their desires.

The Rochester corridor in Oakland Township is zoned primarily residential, unlike further South in Rochester.  Any land owner may request a “special land use” for their property, but those usages are strictly controlled in our Zoning Ordinances.  The applicant must endure intense reviews of their plans before the Planning Commission and the Township Board approve it.  This rigorous process ensures that nearby residents’ interests are protected. Wholesale changes in zoning of the property along Rochester or Orion Roads, to more intense usages, as John Markel is suggesting, would have a significant impact on the character of our Township.

Oakland Township could benefit if the Rochester Cider Mill became a ‘destination point’ for those interested in visiting our Township. This may happen if an agreement between the Township Board, the nearby residents and the property owner can be worked out.  However, care must be taken to ensure that future owners of the property are not allowed to use it for things that the adjacent homeowners find objectionable.

John Markel’s suggestion to significantly rezone our Township is not only frightening, but totally inappropriate.

Why is this important to the citizens of Oakland Township?  Supervisor Gonser recommended John Markel as a new Zoning Board member in the fall of 2013.  As other re-appointments come up during our current Board’s tenure, one would expect Gonser to continue to put forward candidates that share both his and John Markel’s land use beliefs.  If this occurs, the character of our Township will change dramatically.  Citizens need to be prepared to provide input when those positions come up for re-appointments.

Richard Michalski- Former Planning Commission member for 26 years

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

10 Replies

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

Newly Appointed Zoning Board Member “FOIA’s” Township Board Member

Leave a reply

On August 13, John Markel was appointed as one of two new Zoning Board of Appeals members for Oakland Township.  He was Supervisor Gonser’s recommendation. The vote was 6 to 1 by our Township Board.  The one Township Board member that did not support his nomination, Judy Keyes, indicated she was against his nomination because she received input from citizens concerned about the content and tone of several of Mr. Markel’s  posts on the “Oakland Township-Lake Orion Patch” website.  The DAY AFTER HIS APPOINTMENT, the Markel’s submitted a Freedom of Information request asking for copies of any communications Judy Keyes received regarding his nomination.  I believe there are legal issues with one member of a community’s leadership FOIA’ing another member of the leadership.  Mr Markel’s behavior clearly demonstrates how he will act as a new Board member, and also places into question Supervisor Gonser’s judgement in recommending his appointment.

RIchard Michalski