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. >

In My Opinion March 23 2004 Violation Notice (click picture,then click again)

In My Opinion First Ammendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

In My Opinion If you want to know how the shoe fits, ask the person who is wearing it, not the one who made it

The intent of the LS/R 2 district is clear and easy to understand : The LS/R 2 (Lake Shore and River Two) District is intended 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.

"If you want to know how the shoe fits, ask the person who is wearing it, not the one who made it." There exists a petition of over seventy residents in the 16 mile Lake area that fully support this intent, the LS/R2 zoning district as it is presently worded, and its continuance in the future.

The 16 mile lake area has legally been a strictly residential non-commercial district since 1979. This includes the County and all AuTrain Township Zoning Ordinances. Hotels, Boarding Houses, transient rentals, and commercial uses of this nature have been illegal since any zoning existed in this area.

The AuTrain Township Board of Appeals declared this by stating: "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."

This was confirmed by Honorable Circuit Court Judge William Carmody, who also stated "What is clear to this Court is that from 1979 to the present, commercial activity of the nature of the petitioners was prohibited in both the RP classification under the former County ordinance and the LS&R2 classification of the current ATZO. Simply put, an illegal non-conforming use cannot ripen into a legally conforming use on its own imagination or by unilateral determination of a zoning administrator."

The fact that a definition for the term transient rental does not exist in the current AuTrain Township Zoning Ordinance is irrelevant.

The AuTrain Township Zoning ordinance has provided several districts where commercial enterprises can legally exist including LS/R 1 where resorts, hotels, boarding houses, and transient rentals are allowed as a permitted use.

This history of the strictly residential , noncommercial character of this district, and the will of residents who support this district, sets a clear precedent.

"Amendments to any facet of the Zoning Ordinance should be made cautiously, a complete

review should be done of ongoing actions and planned projects that may have a major impact on the community." Amending the zoning in the 16 mile lake area to anything different than its historical use such as the inclusion of hotels, boarding houses, transient rental, or any commercial use would violate this policy.

The environmental effects of unregulated boarding houses , hotels, and resorts must be considered. Commercial uses such as hotels, resorts, boarding houses, and transient rental businesses bring with them increased traffic, crime, noise and an infringement on private residences. There is an additional financial burden on the Township to address these problems such as police patrol, as has been demonstrated by AuTrain now paying additional tax payer's monies for this in commercial use areas. Additionally fire protection needs costs more for commercial use districts, and land value decreases for existing residential homes.

To allow hotels, boarding houses, resorts, transient rentals, and other commercial uses in a strictly residential district will cause increase burden on the Township as a whole. Changing the nature of a residential district to include hotels and other commercial uses will require increased expenditures, when monies should be spent to improve our township.

The 16 Mile Lake LS/R2 district is significantly occupied by senior and retired citizens and should be developed to accommodate this population. The results of our latest census will undoubtedly show an increase in senior and retired occupants.

Altering the intent of this district is, clearly arbitrary and capricious.