Trustee Report Jan 9,2012

In My Opinion:

At the last AuTrain Township Board meeting I tried to practice my statutory fiduciary duties as Trustee, but was unable to perform these duties because of the behavior of Clerk Rogers. Clerk Rogers constantly interrupted me in a rude manor and a voice so loud there was literally pain in my ears. Rogers’ unreasonable shouts of interruption included threats of law suits and condemnation for my attending public meetings. Clerk Rogers has a history of this bullying behavior that has consistently brought chaos to the Township Board meetings. Please consider this a formal complaint concerning Clerk Rogers’ constant disruptive behavior during AuTrain Township Board meetings. Expulsion from the Township Board meeting for a constant disruptive behavior as displayed by Clerk Rogers is consistent with the procedures of any civilly conducted meeting. This is the responsibility of the Township Supervisor at AuTrain Township Board meetings and the citizens of AuTrain Township should expect nothing less. The most serious aspect of Rogers’ behavior was her interference with my duties as Trustee on the AuTrain Township Board.

MCL 125.3605 Sec. 605. The decision of the zoning board of appeals shall be final. A party aggrieved by the decision may appeal to the circuit court for the county in which the property is located as provided under section 606.

The October 2, 2009 AuTrain Township ZBA ruling and decision reads follows:

” A. Find that the decision and interpretation of Mr. William Rogers that the transient rentals within the AuTrain and the LS/R II Zoning District are legal non-conforming uses be reversed and nullified based upon the following grounds pursuant to MCL 125.3602,125.3604.

1. Mr.Roger's decision, declaration or statement is not in conformity with the procedures set out by law and the AuTrain Township Zoning Ordinance;

2. That Mr. William Rogers had no authority to make an interpretation declaring illegal non-conforming uses were legal under law or Township Zoning Ordinance;

3. That such authority if it existed, was not properly exercised since no public notice and hearing as required by law and the Zoning Ordinance was provided to interested property owners either before or after the announced decision was offered.

4. That the transient rentals are illegal, non-conforming uses within the LS&R II district, have been so from and after 1979 and cannot be made legal under any authority possessed by Mr. William Rogers by mere declaration.

B. Finding that the present proceeding noticed and held by the Planning Commission with respect to the review of non-conforming uses by declared improper as not in accord with the AuTrain Township Zoning Ordinance and the Michigan Zoning Enabling Act.

C. This Board further find that the transient rentals currently operating within the LS&R II Zoning District(AuTrain Township) are illegal nonconforming uses and hence subject to Court-ordered abatement as nuisance. MCL 125.3407." The decision of the zoning board of appeals shall be final.

This ZBA decision was challenged in Circuit Court by the zoning violators and successfully defended by AuTrain Township using Township funds as approved by the AuTrain Township Board.

His Honorable Judge William Carmody closed the case in agreement and full support of the Zoning Board of Appeals. The decision by Judge Carmody has been challenged three separate times and all three times rejected by the court.

AuTrain Township Zoning Ordinance Section 602 Duties of the Zoning Administrator

A. It shall be the responsibility of the Zoning Administrator to enforce the provisions of this

Ordinance and in doing so shall perform the duties which follow. However, in no case shall

the Zoning Administrator, or any of his/her subordinates, waive or vary any of the provisions

or standards in this Ordinance.

Section 107 Violations and Penalties

A. Any person who violates any provision of this Ordinance, or any amendment thereto, or who

fails to perform any act required hereunder or does any prohibited act, shall be responsible for

a civil infraction, and, upon a finding of responsibility therefore shall be punishable by a fine of

not more than $500.00, plus court costs, for each offense. Each and every day on which any

violation is committed or permitted to continue shall constitute a separate offense and shall be

punishable as such hereunder. Refer to Zoning Enabling Act, sec 125.3407.

From our Zoning Ordinance it is clear that the Zoning Administrator must enforce its laws and that each day an offense continues is a separate offense. However Zoning Administrator Rogers has not performed his duties and has done everything he can to allow the transient rentals to continue.

As a result of Zoning Admistrator Rogers failure to perform his job as described by our Zoning Ordinance the violations have continued. Mr. Rogers’ actions have been in disregard to his duties in favor of the people violating the Zoning Ordinance.

AuTrain Township Board Meeting September 13, 2010-- Motion by Supervisor Fillmore, second by Trustee Castiglione,that the Township Board proceed with Option#3, as presented, and authorize funds to take legal action for enforcement of the AuTrain Township Zoning Ordinance. Against 3 or 4 illegal transient rentals. FILLMORE, YES CASTIGLIONE, YES: ALBRO,NO: CLAPP,YES:ROGERS,YES. MOTION CARRIED.

At the November 8, 2010 AuTrain Township Board meeting, consistent with the efforts of Zoning Administrator W. Rogers to defy the zoning ordinance and also defy the Zoning Board of Appeals and Circuit Court’s decision, and supporting Tom Balmes’ inappropriate suggestions at a Township Board Meeting under the color of Planning Commissioner to not enforce our Zoning Ordinance, a motion was made by Clerk Rogers, second by Supervisor Fillmore, to suspend any further litigation action relating to the current Zoning Ordinance until the Planning Commission has completed the Master Plan and makes the necessary recommendations for changes to the Township Zoning Ordinance and present them for approval to the Township Board. ROGERS, YES; FILLMORE, YES; CLAPP, YES; ALBRO, YES; CASTIGLIONE, NO. MOTION CARRIED. The previous motion to take legal action against illegal transient rentals was not rescinded.

Consequently a law suit against the AuTrain Township Board and Zoning Administrator W. Rogers has resulted.

It is my opinion as AuTrain Township Board Trustee that the remedy lies in a Zoning Administrator that performs his duties by enforcing the AuTrain Township Zoning Ordinance

Additionally we need a Township Board that supports the AuTrain Township Zoning Ordinance that it has legislated, and respects the final decision of the AuTrain Township Zoning Board of Appeals.

Furthermore,it is my opinion as Trustee on the AuTrain Township Board, that the motion made and passed by the AuTrain Township Board to appropriate taxpayer’s money to defend William Rogers’ refusal to perform his Zoning Administrator’s duties as described by the AuTrain Township Zoning Ordinance, and the findings of the AuTrain Township Zoning Board of Appeals and the Circuit Court, is a misappropriation of funds.

MOTION by Supervisor Fillmore, second by Treasurer Clapp, to provide funding to defend a Summons and Complaint filed by Charles Mirabella for the Township Board and Zoning Administrator. FILLMORE, YES; CLAPP, YES; CASTIGLIONE, NO; ROGERS, YES; ALBRO, YES. MOTION CARRIED.

At the September 13, 2010 AuTrain Township Board meeting, Planning Commissioner Tom Balmes disapproved of the Township Board enforcing its zoning laws. Mr Balmes openly argued in favor of not enforcing the AuTrain Township Zoning Ordinance. Planning Commissioner Tom Balmes made the following prediction:”I’m gonna tell you what’s going to happen… You’re gonna spend all this money on attorney’s fees. During the middle of the law suit, that ordinance will become obsolete. And when it does those people are not going to be in violation of anything.”

Planning Commissioner Tom Balmes’ prediction was quite wrong as the Township is being sued again for non-enforcement, but more importantly in the color of an AuTrain Township Planning Commissioner, Mr. Balmes’ effort to interfere with the Township’s enforcement of the AuTrain Township Zoning Ordinance was wholly wrong and a blatant abuse of his position as planning commissioner. A continuance of participation by Mr. Balmes on the Planning Commission will leave AuTrain Township vulnerable to an inevitable lawsuit and a waste of taxpayer’s monies.

from Clerk Rogers' minutes:TRUSTEE’S REPORT

Trustee Castiglione presented information to the Board regarding the Future Land Use Map in the Au Train Township Master Plan and the designation of WR-2 Zoning (Waterfront Residential two). He went on to say that the WR-2 District is “intended for the preservation of quiet residential neighborhoods except for other uses which are compatible with and convenient to the residents in the district”. The Plan and the People want the same thing. The current lawsuit and future and further legal costs will be incurred by the Township should transient lodging accommodations be allowed in the WR-2 district. He also stated that he believes it would be in contempt of the Master Plan and of the people of Au Train, as it defies their will and because of the secrecy concerning the activities of the Planning Commission by not publishing their minutes, the taxpayers can’t see with the commission is up to.

Somehow Clerk Rogers managed to omit the very essence of my Trustee report which addressed the misappropriation of funds issue where the Board passed a MOTION by Supervisor Fillmore, second by Treasurer Clapp, to provide funding to defend a Summons and Complaint filed by Charles Mirabella for the Township Board and Zoning Administrator.

Clerk Rogers also omitted the part of my report that addressed Tom Balmes behavior at the Sept. 13 20010 meeting where he openly complained about the township Board enforcing the Zoning Ordinance.

I think these critical omissions were intentional and a misuse of her position as Clerk.

Township Board Trustee

Frank Castiglione

PLAN and PEOPLE WANT SAME THING

In my opinion: On the Future Land Use Map in the AuTrain Township Master Plan the sixteen mile lake area, and additional areas in the township are designated WR-2 (Waterfront Residential Two).

Chapt 11-6 “Therefore, two separate future land use categories have been created to apply to properties on or near the waterfront, Waterfront Residential 1 and Waterfront Residential 2. The major difference in the intent of the two districts is that Waterfront Residential 1 allows for the preservation of existing commercial resort development in addition to single-family and two-family residential uses. The Waterfront Residential 2 district is intended for the preservation of quiet residential neighborhoods except for other uses which are compatible with and convenient to the residents in the district.”

A petition signed by approximately 70 residents and land owners in this area presented to the township board and this commission states “I fully support the AuTrain Township Zoning Ordinance as it is currently written concerning the land use in the 16 Mile Lake Area zoning district (LS/R2). The ordinance’s stated intent “for the preservation of existing quiet neighborhoods free from other uses except those which are compatible with and convenient to the residents in this district” reflects history and is a good plan for the future”

The Township is now faced with a costly law suit by a landowner in the 16 Mile Lake district because of the incompatibility of illegal transient lodging accommodations. These transient lodgings will also be incompatible in this district in the future and further legal costs will plague AuTrain. Additionally the taxpayers will be burdened by police, maintenance, and other infrastructure costs that accompany commercializing a formally residential neighborhood.

Adding transient lodging accommodations, better described as hotels with no rules, by this commission to the Waterfront Residential Two districts is in my opinion in contempt of the AuTrain Township Master Plan. It is also in contempt of the people of AuTrain, as it defies their will and because of the total secrecy concerning the activities of this commission by not publishing any of the minutes for the taxpayers of AuTrain to see what this commission is up to. The legal costs caused by this reckless maneuver will take taxpayer’s monies that would certainly be better spent on development.

April 3, 2011 AuTrain Township Board Meeting Quotes

1:32:36 Supervisor Fillmore: “The decision that the Planning Commission (Verhamme nonconforming use permit) made isn’t worth the paper it’s written on according to our attorney “

1:43:-- Supervisor Fillmore: “It’s (Verhamme nonconforming use permit) an illegitimate permit.”

1:49:21 Clerk M. Rogers: The first step for Mr. Verhamme would be to send him another violation notice”

In My Opinion Trustee Report May 9 ,2011 (click red words for more info)

As Trustee and AuTrain Township Board member , I voted no on the AuTrain Township Budget for 2011.

In the past several years AuTrain Township utilized all of its recreation budget , outside of the Alger Parks and Recreation contribution , for projects in one specific area, AuTrain Village. The only money spent for Christmas was to remove a high risk piece of equipment . The recreation budget for 2011 is a continuation of basically all the recreation funds going to AuTrain Village and ignoring the needs of Christmas. I strongly disagree with this plan as it does not fairly represent all of AuTrain Township.

Additionally, I could not approve a budget that provided a salary of $9000 per year to Zoning Administrator Will Rogers. Munising Township , with much more complicated zoning and a highly qualified Zoning Administrator, budgets around $3,600 per year . Comparing AuTrain and Munising townships shows AuTrain paying $5,400 too much each year to Will Rogers.

For many years illegal boarding houses have plagued an LS/R2 Residential District, with the violators provided amnesty by the actions of Zoning Administrator Will Rogers.

The lack of enforcement of by both Will Rogers and some AuTrain Township Board members is the reason for the majority of legal costs concerning zoning issues in this residential district. District Court Judge Carmody supported the findings of the AuTrain Township Board of Appeals which found Will Rogers errant in his effort to give amnesty to these illegal boarding houses.

A Board motion passed to litigate Billy Jack Gramm honoring both Judge Carmody and the Board of Appeals decision that states "This Board further find that the transient rentals currently operating within the LS&R II Zoning District(AuTrain Township) are illegal nonconforming uses and hence subject to Court-ordered abatement as nuisance." The issue of costs was considered concerning litigation of Gramm and the motion still passed by a vote of four to one. Yet with Will Rogers still getting overpaid, Clerk Rogers continues this effort to provide amnesty to the boarding house violators with a motion to not litigate any zoning violations in the entire township on the basis of cost, in direct conflict with the existing motion to litigate Gramm.

If AuTrain Township is in such a dire financial situation, the salary for the Zoning Administrator must be reduced to no higher than $300 per month. The recreation projects must be discontinued, and the Planning Commission activity must be suspended immediately following the completion of the Master Plan. We don't so much need new zoning, we need to enforce what we have. AuTrain Township must consider applying fines to the illegal boarding houses in the Sixteen Mile Lake LS/R2 district and to the owner/operator of the Reel Inn boarding house in, the Village of AuTrain.

Most importantly, the AuTrain Township Board must begin acting on behalf of the residents of Christmas , Sixteen Mile Lake area, and AuTrain Village, not just a few select people. The negative results of a the vote on Road millage and a failed recent general fund millage both reflect a lack of confidence in AuTrain government. Other millage proposals for more effective functions did fine, so it isn't simply a money issue.

In George Washington's Opinion

The following is taken from Washington's farewell address. He could be talking about AuTrain Township Board members and employees, serving a few friends who break our zoning laws while ignoring the citizens.



17 "All obstructions to the execution of the Laws, all combinations and associations, under whatever plausible character, with the real design to direct, control, counteract, or awe the regular deliberation and action of the constituted authorities, are destructive of this fundamental principle, and of fatal tendency. They serve to organize faction, to give it an artificial and extraordinary force; to put, in the place of the delegated will of the nation, the will of a party, often a small but artful and enterprising minority of the community; and, according to the alternate triumphs of different parties, to make the public administration the mirror of the ill-concerted and incongruous projects of faction, rather than the organ of consistent and wholesome plans digested by common counsels, and modified by mutual interests.

18 However combinations or associations of the above description may now and then answer popular ends, they are likely, in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people, and to usurp for themselves the reins of government; destroying afterwards the very engines, which have lifted them to unjust dominion."

In My Opinion Zoning Administrator William Rogers Intimidation History

On January 13, 2011 at the AuTrain township hall, I was attending the AuTrain Township Planning Commission meeting. During the time before the meeting I was trying to be as cordial as I could with everyone at the meeting including people who are political adversaries. I made a special effort to be polite and concerned with Mr. William Rogers. Mr. Rogers is the Zoning Administrator for AuTrain Township and the husband to Mary Rogers, the Township clerk. Zoning Administrator William Rogers and I were talking about his son's participation in hockey. Out of the blue William Rogers took a closed fist swing at my face stopping short of making contact. Regardless of the context of our conversation I felt that this was an attempt to physically threaten me . William Rogers has a known history of physical intimidation. I refused to show fear, as one would not run from a teeth bearing dog.

Everyone should be given a second chance, so I did not immediately report the incident. However, as an elected public official, I needed to reconsider this type of behavior in light of current incidents around the country. I realized that not reporting this behavior to the proper authorities would be neglect on my part. I also feel that not taking action concerning William Rogers physical intimidating behavior would empower him to do physical harm to me, and others given the opportunity. Any further intimidating behavior will be reported to the Michigan State Police immediately .

I am concerned about the type of threatening behavior Zoning Administrator William Rogers has displayed to me as he makes it difficult to perform my statutory responsibilities as AuTrain Township Trustee. I am also concerned with Mr. Rogers' threatening behavior towards other citizens and their families. This type of behavior is a serious liability risk to AuTrain Township and its citizens.

I stand by every word written in this statement and will offer the exact testimony in a court of law.

AuTrain Township Trustee Frank Castiglione

Incident Report 8-21-08 Involving Mary and Will Rogers by

Harold C. Boaz

Following the Combined township board and zoning board meetings, Mary Came up behind me and handed me a copy of Michigan Election Law with 168.931(k) highlighted which stated the following:”A person shall not, while the polls are open on an election day, solicit votes in a polling place or within 100 feet from an entrance to the building in which a polling place is located.” She said, “I was just doing me job. You shouldn’t have written the letter.” I assumed that she was referring to the letter that I wrote complaining about Mary ordering Judy Graves out of the building, Frank Castiglione and I from the premises, and moving Tom Balmes campaign sign before she measured the distance that it was from the door. We had not been soliciting votes, and we were not passing out any campaign material. ( Please see the letters to Mary Ann Froberg) I replied, “You overstepped, Mary!” She said, “You shouldn’t have written the letter!” very loudly. I replied, loudly, “You overstepped, Mary!” This exchange occurred several times while Mary walked towards her office. Mary went into her office and closed the door.

Then I saw Will Rogers, AuTrain Township Zoning Administrator get up from his chair at the right side of the front tables and start in my direction. I was seated more towards the back of the chairs on the left side of the audience seating. I told Will to stay where he was. This does not concern you. He continued saying that, whatever concerned his wife concerned him. He continued walking towards me. He then accused me of threatening his wife. I told him that I was not threatening his wife. He went on to say, “You and I are going to go a round.” I said, “Are you threatening me?” At that point, Rusty Atherton stepped between us. He said,“You go over there and you go over there.” I agreed, and I and walked to the bathroom. Will went over and sat down. Will tried a staring contest later, but I did not participate with him.

AuTrain Township Board,

At the end of the December 2005 AuTrain Township Zoning Board meeting, Zoning Administrator Will Rogers got into a heated argument with a citizen. Before you know it Rogers turned his anger on me. Mr. Rogers was looking for a fist fight to settle our political differences, daring me to call him names. I am not a violent person and saw no reason to lower myself to Mr. Rogers level of behavior. In a state of fury, Mr. Rogers yelled insults in my face. He called me a Communist, a Nazi, a Fascist, a liar and another word I won't write here. This is absolutely no way for a public official to conduct himself.

Frank Castiglione

2007

From: Don Graves

I sat at the table where Will Rogers was observing the zoning meeting and taking notes. At this time there was a lot of contention between the zoning board and the residents of the 16 mile lake area ~~namely transient rentals.

At one point in the meeting Will Rogers stated he would take care of some paper work and I said “Just like you’re taking care of the transient rentals, meaning lack of enforcement.” Mr. Rogers said “ are you saying I am incompetent”. I answered in the affirmative. Will Rogers immediately asked me how would you like to step outside.” I agreed to the request and Will Rogers stood and asked that I be removed from the meeting.

At another township board meeting that Will Rogers attended,

I looked over at him after a comment he made regarding transient rentals. He flipped me the finger and his Father-in Law grabbed his hand and pulled it down.

Signed: Don Graves

Documented : 2011

The following is taken from an e-mail sent to Zoning Administrator William Rogers. This letter verifies that William Rogers displayed unprofessional conduct at an AuTrain Township public meeting by giving a citizen an insulting hand gesture while acting as a public official.

> From: Charlie Mirabella [mailto:cmirabel@tampabay.rr.com]
> Sent: Monday, January 10, 2011 5:00 PM
> To: 'William Rogers'
> Subject: RE: Zoning
>
> Hey Willie
>
> The cabin has been there since the 50's and used as such(Vacation Home)
> since that time. You can't change the zoning to a structure that is grand
> fathered in from its long time use. I didn't threaten you and as far as
> the insult you started the insults when you flipped me a bird at the
> township meeting. >