The Rest of the Story

Definitive Answers to the Salem Recall

A group of citizens came to me and asked that I post the following information for them - I agreed, happily. I know you will find this well documented material useful on Tuesday November 2nd when you will be making decisions about Salem's future.

You can look at the entire Newsletter with links here  or review the links below.

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"What You Need to Know" by Your Salem Neighbors

Page 1

Story 4Introduction; Report Card (click image to read)

$23,000 spent on Treasurer Paul Uherek 2008 political campaign

$4,300 spent on Supervisor Robert Heyl 2008 political campagin  

 

 

 

 

 

 

Stories 4Past Board's Legacy-History of Salem; Accusations of Unjust Enrichment (click to read)

Photo of $2.1 million check received after successful litigation and recovery of attorneys fees from GRS http://courtseyofthestate.typepad.com/files/grs-check.doc

Salem Watch Dog flyers

 

 

 

 

Page 3

Stories 4 Accomplishments of Heyl,Uherek, Wallazy; Preservation of Rural Character (click image to read)

August 10, 2010 Motion to Evict Post Office http://www.minutesondemand.com/mod/index.html?client=salemtwpmi

Minutes of YUCA meeting were “Salem will go along” with whatever developer decides (see page 5)http://www.salemrecall.com/wp-content/uploads/2010/08/YCUA-Minutes-06-22-101.pdf   

Robert Heyl’s letter to Superior Township, asking for access to YCUA http://www.salemrecall.com/wp-content/uploads/2010/08/YCUA-Superior-Twp1.pdf

Letter from YCUA to Developer’s attorney’s stating that Salem is to be responsible for costs http://www.salemrecall.com/wp-content/uploads/2010/08/ycua-7.15.10-ltr-to-hubbell-roth1.pdf

 

 

Pages 4-5

Story 4 Fire Fighter's Answer to Controversy (click image to read)

Salem Township Minutes April 13, 2010  http://www.minutesondemand.com/data/salemtwpmi/files//boa-min-04132010_20100602115607.pdf.dir//April%2013,%202010%20Board%20Minutes~14713.pdf#search=%22april%22

Michigan State Police Report of Paul Uherek threatening MSP trooper Randy Phare for Phare “making suggestions” on how to resolve dangerous conditions at fire scenes – must read http://www.salemrecall.com/wp-content/uploads/2010/10/Police- Report-Uherek-Threats1.pdf

Michigan State law that ensures Fire Fighters the ability to secure a scene for safety of all present http://www.legislature.mi.gov/(S(xku1g455jtv4fkuelck4nr45))/mileg.aspx?page=getobject&objectname=mcl-29-7a

Township Accounts investigated these same allegations (and cleared fire department) in 1996 - read it here Download Plante Moran Ltr 96 001

 

 

 

 

 

Page 6

Story 4 Legal Expenses; Salem Post Office (click image to read)

Legal expense 2005-06  

Legal Expense 2006-07

Legal expense 2007-08 

Jan - Sept 2010 - See how $1000 per day breaks down

 

 

                                                                        Page 7

Story 4 Is Our Money Safe?

Salem Township Investment Policy (for some reason, not available on Salem Townshp website)  Download Investment Policy

Salem Township Audit by Plante Moran - see pages 37-38 in particular "Concentration of Credit Risk" http://salem-mi.org/docs/boa_pkt_09282010.pdf

Note: "Fannie Mae," "Freddie Mac" and "Ginnie Mae" are called by their "formal" names in this report and on Paul Uherek's "Treasurer's Report", which are respectivley, Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, and Government National Mortgage Association in this report.

Flyer where Uherek's claims making 5% interest on township investments, and is backed by US gov't (bottom of page) http://www.salemwatchdog.com/Flier%201.htm

Senator Barney Frank 2003 testimony before Congress that Fannie Mae and Freddie Mac aren't bailed out by the federal government http://www.freerepublic.com/focus/f-news/2607234/posts.

Senator Barney Frank states he's ready to "say goodbye to Freddie Mac and Fannie Mae" as soon as NEXT YEAR! http://dailycaller.com/2010/08/21/barney-frank-gets-it-but-does-obama/

Estimates for total Fannie/Freddie Bailout Top $1 TRILLION - feds ready to dump them, "major" overhall required http://www.cnbc.com/id/37982580/Fannie_Freddie_Bailout_Could_Cost_Taxpayers_1_Trillion

Congressional Budget Office suggests cutting off any further government bailouts for Freddie and Fannie to reduce continued drag on US economy: http://www.cbo.gov/doc.cfm?index=11745

GM Debt Recovery Paints a Scary Picture for Private Investors - this describes what happens to investors when a government "bailout" is taken - just like Freddie and Fannie Mae http://seekingalpha.com/article/134525-gm-debt-recovery-paints-a-scary-picture-for-private-investors 

Reuters article on Freddie Mac and Fannie Mae stating they are "profoundly" poorly managed and are rift with conflicts of interest http://www.reuters.com/article/idUSTRE69D0Q620101014

Freddie Mac Needs more money, loses $8 BILLION first quarter - Reuters -http://www.reuters.com/article/idUSTRE64935O20100510

This says it all about Freddie/Fannie, Oct 22, 2010 - the cost, the waste, the facts and the fallacy, and worst for us, the cut off. http://www.sfexaminer.com/opinion/No-more-bailouts-for-Fannie-or-Freddie-1302875-105556858.html

  Page 8

Story 4 Ballot Reminder

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Ask for an absentee ballot

Is this a Campaign You Want Representing Salem?

Apparently "Team Heyl" is no longer proud of their vulgar and uninformative campaign material, and have removed the most insulting from their "Watch Dog" site. They may be gone, but not from here, where I intend to hold them accountable...since their supporters paid for and published it, let's learn what Supervisor Heyl, Treasurer Uherek, and Trustee Wallazy think is appropiate campaign material.

September 14th Flyer of Salem Watch Dog This work of art appeared mid-September and includes distorted photos of Fred Roperti, Linda Hamilton and Bonnie Cook along with name calling worthy of a kindergarten sandbox fight. View HEYL-UHEREK-WALLAZY Campaign material, p 1

IN this flyer, you'll learn about the "cockroaches" (aka Fred Roperti, Linda Hamilton, and "Puppet" Bonnie Cook). Ms. Cook, according to HEYL-UHEREK-WALLAZY, has "given shame a new meaning in Salem Township politics." Now remember, they are talking about a private citizen who has never run for anything (or been a Democrat as she's "accused") in her life. If there was a contest for bringing "shame to  Salem Township politics" this has got to be the hands down winner of the trophy. Let's not miss page two of the same flyer - where accusations are made, but no proof is offered. They end by saying, "Need anything more be said?" to which I reply YES - HOW 'BOUT THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH - FOR ONCE?

 

 

September 28th Flyer of Salem Watch Dog Another masterpiece of innuendo, misdirection, and a word that this board's behavior allows me to use often, sophistry. Let's take a look at how well the word "sophistry" fits this flyer: "subtly deceptive reasoning or argumentation." Okay, maybe not so subtle, but certainly deceptive.

 Read Flyer 2, p1 here - This has what I believe is a picture of Trustee Brien Witkowski, however, I don't recall ever seeing his head appear so wide or yellowish, so I'm not really sure. It prints accusations about his company (Wise Solutions) being investigated in 2003, along with these "insightful" questions: "Ask him why his company was raided by the FBI? Ask him why he never mentioned it to anyone? Ask him why he left the company?" (let's not tell them that those are statements, not questions, okay?).

Anyhow, you can read what Brien says on his site, and I'll just add this: ask yourself this question, dear reader, if a person or corporation was accused of 903 counts of electronic espionage by a competitor (that used the FBI to investigate the claims), and that person didn't spend a day in jail, AND sold their company six months later for let's say, a very good price do you think that person or corporation did any of the things it was accused of? Salem Watch Dog asks if that's the "type of Trustee you want representing Salem Township?"

Are they asking if I want a self-made man, who started a company with his childhood friend, that employed 100 people world-wide with corporate headquarters in Plymouth, Michigan, along with offices at Microsoft's Redmond, Washington location, Washington, DC and the Hague, Netherlands - well, I guess my answer is YES, YES, YES, I do, and anyone who cares about Salem should too.

A Tale of Two Lawsuits

Camp Heyl aka Salem Watch Dog has recently brought out allegations of impropriety against Trustee Brien Witkowski’s company from 2003.

This is Camp Heyl’s idea of payback, for Mr. Heyl having been exposed earlier this year for campaigning as a “successful businessman” while actively being sued by his vendor Pennzoil for selling adulterated products under Pennzoil name, unjust enrichment (that’s irony), and about 10 more things, read here.

Here’s my comparison of these two lawsuits:

Pennzoil v Heyl and Lubemart	InstallShield vs Wise Solutions
Robert Heyl named personally on suit	Brien Witkowski not sued, just company
Sued by a supplier for improperly using its logo, selling counterfeit products with Pennzoil name, unjust enrichment, etc. Mr. Heyl and his wife run two small quick oil change garages, and were personally sued.	Sued by a competitor, the only other competitor with Wise Solutions, while both were trying to sell their companies. Was never alleged that Mr. Witkowski did anything improper – his company of over 100 employees was accused of spying on competition.
Heyl was actively running for office as a “successful businessman” in 2008 while defending this suit. Never disclosed this suit and its implications, until exposed this year.	Witkowski was a seated trustee when suit was filed. As a global corporation, this suit obtained extensive media coverage as well as letters to the editor at the time.
Heyl’s consent judgment at ¶ 26 states he accepts the findings of fact that his actions constituted: Copyright Infringement Unfair competition Diluted the plaintiffs marks False advertising Unfair trade practices Unjust enrichment Breach of contract Tort of conversion	Brien Witkowski sells Wise Solutions to Altris 6 months after the allegations made by a competitor. The competitor, which was Wise Solutions only competitor, was trying to sell their business at the same time.
Mr. Heyl says on his website (about 2/3 page down) that Pennzoil filed suit against 22 independent oil dealers because Pennzoil was upset that these dealers had switched to other bulk oil companies. Mr. Heyl says the “ex-Supervisor” is telling lies and is inaccurate when describing the lawsuit against “his company.” However, the “ex-Supervisor” only makes the lawsuit and the agreement that Mr. Heyl signed available to the public without commentary.	Mr. Witkowski says after selling his company for a “fair” price and retiring as President of a global company with over 100 employees that was started with an elementary school friend, Mr. Witkowski retired – for a month – and now teaches high school. He says, “If I had to do it all over again, I would make the exact same decisions and end up exactly where I am today.”

 Final Thoughts

If I understand Mr. Heyl correctly, he is saying that Pennzoil filed retaliatory lawsuits against 22 independent oil change dealers for switching to another oil supplier, and that the suits all had the same language, regardless of circumstance. If that were true, Pennzoil’s attorney’s Dykema Gossett of Ann Arbor had violated Rule 11b (3) which states that an attorney signing a complaint MUST have “evidentiary support” for filing a lawsuit. I could find nothing suggesting that Mr. Heyl’s attorney filed a complaint against Dykema Gossette in this regard. I also could not find any similar lawsuits against “22 independent oil change businesses in Michigan and Northern Ohio” as Mr. Heyl states on his website. Perhaps Mr. Heyl could bring forth this proof, as I have not been able to confirm this assertion.

Voter Center - Can it Help Salem Ballot Confusion?

If you're confused about what's on your Salem ballot November 2nd, there is some help. Thanks to the Michigan Secretary of State Voter Information Center, you can:   

4 Download Sample SALEM TOWNSHIP Ballot

4Check if you're registered to vote in Salem Township 

4 Register to vote in Salem Township if you're not

4 Request an absentee ballot for Salem Township Recall Elections

When Failure IS an Option...

10 Failures of Township Board

Failure to inform citizens about arbitration of such magnitude that a loss would have been utterly catastrophic.

Failure to maintain vigilance over township finances, both in ensuring revenue and curbing unnecessary expenditures.

Failure to allow reasonable input from citizens, as well as use of threat and intimidation tactics.

Failure to follow the township’s bid policy

Failure to conduct government business in the open.

 Failure to inform all board members prior to making decisions.

 Failure to provide answers to legitimate citizen inquiries

 Failure to maintain Township Investment policy

 Failure to spend township’s money prudently and with best interests of all the residents.

 Failure to consider Salem First

 Correcting this List is the Change We Need

a GOOD START - RECALL HEYL, UHEREK, WALLAZY

When Politicians Make Decisions They're Not Qualified to

When politicians, rather than those that work for a living (or in the case of consumer issues, the marketplace), make decisions about things they know nothing about, it's a disaster.

How can I make a bold statement like that? Here's my latest evidence:

We all know about the so-called "Pay to Spray" incident in Tennessee, (briefly a man hadn't paid a $75 fee to the county government, so firefighters watched his home burn - read newstory here). EVERYONE is calling the fire-fighers every name they can think of, but what's been "overlooked" here (accidentally on purpose?) is that these guys were UNDER ORDERS from the pencil-pushing, no-nothing-about-fire-fighting-and-community POLITICANS who are probably now cowering under their desks hoping no one remembers that they were the cause of this tragedy. {see Google results with the search terms "Tennessee firefighters acting under orders"}

"Orders," by the way, isn't something that's negotiable. Had one of the firefighters put out the fire AGAINST orders, and let's say was injured, or injured someone else, or caused some harm while helping, they would not have medical or liability insurance, but would face the consequences on their own, because they were acting against orders.

So that's what happens when politicians with poltical agendas make desicions based on politics (like HEYL, UHEREK and WALLAZY), rather than a Fire Administrative Board of community representatives and retired professionals. Without much consideration for what they were doing, HEYL, UHEREK, and WALLAZY voted to disband FAB by uttering one little syllabyl "AYE."

If you'd like to do research on the sustained and proven inability of politicians to do anything but achieve the opposite effect of what they try to legislate based on what they know, consider doing your own research on the following topics: war on crime which caused a crime explosion when "politicians set agendas" in the 1960's; political attempts to improve "Access to Health Care" which caused rapid decline of doctor's and access to health care after Hillary and Bill Clinton polticized health care in the 80's and will now be in a greater freefall as ObamaCare kicks in. Look the list is endless, whenever politicians attempt to "fix" a problem which they aren't qualified or willing to understand, the result is always 1) higher taxes 2) less service 3) the "fix" results in making the "problem" 10x's worse. But PLEASE don't take my word for it, do your own research about paid on call fire departments versus full time fire departments, costs of providing advanced services to a small township versus its ability to stay rural, economic costs of full time safety depts on small communities versus quality of living; and for the most important one, look at your watch and count down 10 minutes. Time up? That's the very least amount of extra time it would take the first fire and medical equipped truck to reach your door. Is 10 more minutes worth arguing about where a fire truck is parked? Not in my book.

When the Fox is Guarding the Hen House....

Surprise (not really), another "citizen's" group has sprung up telling us all how to think. In case you don't know, each election cycle a new group pops up with the same people behind it.

This one's called Salem Residents for Truth with the website "Salem Watchdog," which makes me wonder what the "watchdog" is watching (and if he's had his shots), and if he's anything like the Fox that "guards" the henhouse. I found the site has lot's of what I'd call "interuptive truth" that was so popular during the last election - maybe I'll set the record straight about all that at some point in the future - but let's work on what's important to all of us today.

I think the most sensible way to start is being looking at facts, and seeing what we can agree on.

Now, the facts are these...if Salem has any chance of maintaining its rural character, it has to

1. Maintain a strong bank account by carefully monitoring and restraining current spending as well as avoiding the community crushing full-time services and subsequent retirement costs that virtually end a communities ability to govern itself (look at the Google results here). Detroit is crumbling and California is bankrupt for this reason alone.
2. Employ and wisely use good attorneys that care about the People of Salem more than they do about earning a fee and moving on.
3. Understand that "growing the tax base" is a one-way ticket to "palookaville" or in less colloquial language, a never ending spiral of increased services, increased taxes, increased "tax base," until Salem looks like Canton or Westland. IT'S A FACT, THE USDA REPORTS THAT RESIDENTIAL PROPERTY REQUIRES $1.35 DOLLARS IN SERVICES FOR EVERY DOLLAR PAID IN TAXES, FARMLAND OR FORESTLAND REQUIRES 0.38 CENTS IN SERVICES FOR EVERY $1 PAID IN TAXES. Anyone think they can explain how you can "grow" a "tax base" without decimating a community? Well you can't explain it because it can't be done. 

Now it is equally true and incontrovertible that people that actually live in Salem Township (unlike some folks who don't, but always want to tell us what to do) agree that they:

A.) don't want urban sprawl,

B.) don't want to pay more taxes (unless it's for a really really good reason - see A above),

C.) value their quality of life, and

D.) would prefer that those that they elect to the public trust understood A, B, and C, and made they're decisions in support of A, B, and C, which means doing 1, 2, and 3.

[However, there is one thing that we are short on, and that's a way to build our strength and solidarity as a community. Five zip codes, 4 school districts, 2 area codes, and only one "watering hole" that I can think of, the Salem post office, doesn't make it easy to know your community or even know what's going on until it's too late.]

Agreed? Good.

Keep this in mind as we go through journey that I hope will make you feel confident in your knowledge of Salem, and your government.