Bob Wagner still refuses to resign? Malfeasance is a reason to remove him under Michigan statute by the township board,

CLICK THIS LINK TO READ the GR Press article why Dorr Township planning commissioner Bob Wagner doesn’t plan to resign over illegal holding tank controversy

CLICK THIS LINK FOR THE LETTER SIGNED BY TOWNSHIP RESIDENTS asking Bob Wagner to resign.  (original letter set is in pdf format)

Below is the letter sent to Mr. Wagner so you don’t have to download the pdf file, but you wont see the signatures.

October 6, 2009

To: Mr. Bob Wagner,

Planning Commission Chairman and Zoning Board of Appeals Chairman

Dear Mr. Bob Wagner,

It is very dis-heartening to write you this letter.

We the undersigned citizens and business owners in Dorr Township feel betrayed by your recent violation of the county health code concerning an unauthorized and un-permitted holding tank on your premises which diminishes the public trust that was given you as the Planning Commission Chairman and the Chairman of the Zoning Board of Appeals. You have been a member of the Planning Board for 44 years, (since 1965) and have been a member of the ZBA for over 34 years (since 1975).

On Wednesday, September 23, 2009 Mrs. JoAnn Graczyk called the Allegan County Health Department to report the dumping of raw sewage into an unapproved holding tank on your property at Dorr Septic Service very early in the morning last week. Many of us were very concerned that you would do such a thing, considering that you sit on the township planning board and write ordinances and codes that the normal citizen must follow.

Mr. Lumbert came out to investigate your property on Thursday September 24, 2009 and you reportedly told him that you were pumping sewage into your septic tank. You did not mention to him that you had an unauthorized holding tank on your premises that you installed with no permits. They were ready to close this case until we persisted in telling them that Mrs. Graczyk was convinced you had another holding tank on your property that you were pumping sewage into for years.

After contacting the Allegan County Health Department, Mr. Bill Hinz and Mr. Pete Lumbert, and then the Department of Environmental Quality from the state of Michigan, Mr. Fred Stellers, and after communicating for almost a week with e-mails and calls to get them to investigate this, they finally came on Monday, October 5, 2009. They found that those allegations were not just allegations, but were in fact the truth.

Mr. Lumbert from Allegan County Health Dept., Mr. Stellers and Mr. Unseld from DEQ reported that just before they started to look over your property, you finally confessed to them that you indeed had an unauthorized holding tank on your premises. It seems clear that you tried to cover it up the week previously when Mr. Lumbert came out, but now you knew you were going to get caught red-handed and finally confessed to them. This is, by definition, malfeasance (wrong doing or misconduct especially from a public official).

If you, as an appointed planning board member, expect to be worthy of the public’s trust, do illegal things such as this, how can the people put any faith or trust in you to write ordinances and codes they must follow?

With regret and disappointment, we the undersigned citizens are asking that you do the right and noble thing. We ask that you submit your resignation from both the township Planning Commission and the Zoning Board of Appeals immediately in writing to the township board.

We believe that those who represent the people in office must uphold a standard of following the laws that are enacted, just as is expected of the rest of the citizens. If you who write the ordinances for our township can not follow them, how can you expect the people you are supposed to represent to follow them? You have lost all credibility with the citizens!

Mr. Wagner, please do the right and ethical thing. We hope that by sending this private letter to you, it will help you to reflect on this situation to do the right thing in the interest of this township, as it is not our intention to humiliate you unnecessarily in public if we need to proceed beyond this and take this to the whole township people via flyer’s, emails, newspaper inserts etc. We hope to hear the township board accept your resignation in writing at the next township board meeting on Thursday October 15, 2009.

We the undersigned respectfully ask you to submit your resignations from both boards immediately so the township can move forward with honest, ethical, and law abiding public officials who will do the right and honest thing.

Sincerely, Signatures can be viewed at above link at the beginning of this letter: This letter was signed by over 35 people asking for him to resign. The link to view those signatures who want Bob Wagner to step down are above.  It is a pdf file which you click the link and it should open with most modern web browsers.

NOTE: Bob Wagner did not resign at the board meeting Thursday night, Oct 15, 2009 so we asked the board to use their authority under the Michigan statute to remove a public official for “malfeasance ”. The board made no decision on this.  We at ReFELT will watch this very closely to see if this board will act with courage and remove him, or protect one of their own. (part of the “good ole boys”)  Time will tell!

We wholeheartedly believe that public officials who write ordinances and codes that we must follow, must be held to the same standard, and even to a higher standard. We also believe that if Mr. Wagner continues on in his position on the Planning Commission and the Zoning Board of Appeals, he will diminish his credibility to the process of planning and zoning appeals.

Even though Mr. Wagner committed this illegal act at his business, we believe that a persons character is an integrate part of all aspects of ones life. If Mr. Wagner was not forthright, upfront and honest with a government agency such as the Allegan County Health Department, we conclude he did not conduct himself in a way that is expected of a trusted public official. Mr. Wagner must step down from both boards or the township board must act to remove him to bring integrity back to the Planning Commission. Mr. Wagner has lost credibility with ethical minded citizens who expect honesty and integrity from their representatives in government.

We believe in a high standard for our elected officials and his act of not being forthright and up front with the Allegan county Health Department with his illegal holding tank demonstrates his evasiveness with the truth.

Please, again Mr. Wagner, do the noble and right thing and resign today, Friday, October 16, 2009


VIDEO ON YOUTUBE Bob Wagner violates Michigan Environmental Protection Act with unpermitted holding tank, and has not resigned as Planning Commissioner as of Thursday Oct. 15,2009

Bob Wagner, the Dorr Township Planning Commission chairman, who has sat on that board for over 44 years, was caught red handed on Monday Oct. 5th with an unauthorized un-permitted sewage holding tank on his property at Dorr Septic Service and Dorr Porta Jons. You can see him with the khaki jacket, along with Mr. Fred Sellers with the green jacket and his assistant in the red shirt, both from DEQ. The other gentleman is Pete Lumbert, from the Allegan county health department. Watch as Mr. Wagner comes back to cover up his un-permitted tank in the weeds.

To err is human to forgive divine.

That is correct and I truly believe that, but for someone such as Mr. Wagner to sit on the Planning Commission for over 44 years and who writes the ordinances and codes for all of us regular people to follow, he should resign from the Planning Commission immediately, to restore credibility and integrity on that board.

How can the Planning board with Bob Wagner as the chairman expect citizens to abide by their ordinances and rules when Mr. Wagner violates the Michigan Environmental Protection Statutes? They can’t, so he must either do the right thing and resign, or our township board must step up to the plate and remove Mr. Wagner from not only the Planning board which he chairs and has been on for over 44 years, but also the Zoning board of Appeals where he also sits as the Chairman.

The statute in the law says the township board can remove public officials for malfeasance, and that is exactly what Mr. Wagner has committed. Malfeasance is “the wrongdoing or misconduct especially by a public official”.

Mr. Wagner, please show the people in this township that you will do the right thing, and gracefully resign from your positions on both boards.  You have served on the Planning Board since 1965 and the Zoning board of Appeals since 1975, we think you had your time in the limelight and the people of this township can look at all the accomplishments you added to township planning, but now its time to move on and let others fill that seat.

Sick of all the corruption in Dorr and Allegan?

CLICK THIS LINK FOR LETTER: Sick of Dorr and Allegan elected officials

Dorr Septic does violate State Environmental Protection Act!

CLICK THIS LINK Dorr Septic, owned by Bob Wagner was in violation of !

Hinz said that although Wagner’s tank was in violation, it was not a finable offense.

We believe that Bob Wagner should resign immediately from both his positions as planning commissioner chairperson and Zoning Board of Appeals chairman because of the violation.  He needs to do the ethical thing and do this immediately to bring credibility to those boards.

How can someone who writes ordinances and codes we have to abide by, sit on a board and expect us to follow his ordinances when he does not follow State or County codes.  Please exit Mr. Wagner, and enjoy your retirement.  We want and demand government officials of integrity who follow the laws.

Dorr Township Supervisor Tammy VanHaitsma said that the incident is a personal matter relating to Wagner’s business.  Here is a very good example where politicians protect their own and make it a personal issue.  Tammy, the issue is ethics, which it seems to us that you do not have.

VIDEO Are you getting the full story in the Press? I do not think so!

In the Oct 12 edition of the penasee globe, there was an article that says “Dorr Township official allegedly violated health code”.    First of all it is not alleged.  It is a fact that on Oct. 5, 2009 the Health Dept. and DEQ found an illegal holding tank, which violates not only the county health code, but the Michigan’s National Resources and Environmental Protection Act 451 of 1994.

I just read the article in this weeks globe (Oct 17, 2009) about Bob Wagner and his illegal tank they found?  The Headline reads  Dorr Septic not “illegal dump site”   Why would the headline read “Dorr Septic not an illegal dump site?”  The issue is an “illegal holding tank”, not whether he used his property for an illegal dump site, as this was not proved. The illegal tank was proved though.  The health department and the press are trying to spin this issue and get off point.

Great headline for Bob Wagner so people can just read the headline and conclude he did nothing wrong.

What they have found is that Bob Wagner has an illegal holding tank on his premises. 

The tank itself, which is buried on his property is what is illegal, not the issue of whether he pumps sewage into it. The DEQ could not conclude when he used it last, so that is not the issue by law you can proceed with..  Bill Hinz keeps going around the issue, by saying the tank is un-permitted and unauthorized, but never saying its illegal.   If something needs a permit and you are not authorized to install a tank and then do it, you just violated the law, so you did something illegal, right?  Why is this so hard for people to see?

If you read the article in the Oct 17, 2009 edition of the penasee globe further,  it goes on to say, Hinz says although Wagners tank was in violation, it is not a finable offense.   When something is in violation, is that not illegal? Also, just because it is not a finable offense, is that an excuse to condone someones illegal actions with, (well, he won’t be fined, so whats the big deal?)

This is the BIG DEAL that is being overlooked. Mr. Bob Wagner sits on the Dorr Township Planning board as the chairperson who just happens to help write the codes and ordinances that all of us must abide by, yet he violates a State and County law, and those in power brush it off as no big deal.  Mr. Wagner also happens to sit on the Zoning Board of Appeals as the chairman also.  The BIG DEAL?   Its called ETHICS!  And Dorr township government does not have any. 

The news article about this violation that was written this week in the globe is very confusing to the average citizen, because when someone reads this headline, the first impression is that nothing illegal took place, and that is not the facts.

I will bring all this to light for everyone to see the truth.

Our Township board with Jodi Brummel, Janice Saunders, Larry Dolegowski, Paul Davis, Josh Otto, Tammy Vanhaistsma and Dan Weber must now step up to the plate and remove Mr. Wagner from his position of power because of malfeasance, “wrong doing or misconduct especially from a public official.”  This does not say anything about doing this while acting as the Planning commissioner, this means wrong doing from a public official and he did wrong and he is a public official.

Bob Wagner should be removed on these grounds.  We the people must hold all elected and appointed public officials accountable to a high ethical standard or we reap what we sow.  Just look around in Washington DC, Lansing, in Allegan and now what we find going on in Dorr.  We the people must rise up and make the change for the common good of ALL!

Did you see the Video where Mr. Wagner was caught with his illegal holding tank on Oct. 5, 2009?

Video recorded by Bernard Schumaker to expose the truth!

The people asked Bob Wagner to resign immediately, but he did not. Letter sent to Mr. Wagner

October 6, 2009

To: Mr. Bob Wagner,

Planning Commission Chairman and Zoning Board of Appeals Chairman

Dear Mr. Bob Wagner,

It is very dis-heartening to write you this letter.

We the undersigned citizens and business owners in Dorr Township feel betrayed by your recent violation of the county health code concerning an unauthorized and un-permitted holding tank on your premises which diminishes the public trust that was given you as the Planning Commission Chairman and the Chairman of the Zoning Board of Appeals. You have been a member of the Planning Board for 44 years, (since 1965) and have been a member of the ZBA for over 34 years (since 1975).

On Wednesday, September 23, 2009 Mrs. JoAnn Graczyk called the Allegan County Health Department to report the dumping of raw sewage into an unapproved holding tank on your property at Dorr Septic Service very early in the morning last week. Many of us were very concerned that you would do such a thing, considering that you sit on the township planning board and write ordinances and codes that the normal citizen must follow.

Mr. Lumbert came out to investigate your property on Thursday September 24, 2009 and you reportedly told him that you were pumping sewage into your septic tank. You did not mention to him that you had an unauthorized holding tank on your premises that you installed with no permits. They were ready to close this case until we persisted in telling them that Mrs. Graczyk was convinced you had another holding tank on your property that you were pumping sewage into for years.

After contacting the Allegan County Health Department, Mr. Bill Hinz and Mr. Pete Lumbert, and then the Department of Environmental Quality from the state of Michigan, Mr. Fred Stellers, and after communicating for almost a week with e-mails and calls to get them to investigate this, they finally came on Monday, October 5, 2009. They found that those allegations were not just allegations, but were in fact the truth.

Mr. Lumbert from Allegan County Health Dept., Mr. Stellers and Mr. Unseld from DEQ reported that just before they started to look over your property, you finally confessed to them that you indeed had an unauthorized holding tank on your premises. It seems clear that you tried to cover it up the week previously when Mr. Lumbert came out, but now you knew you were going to get caught red-handed and finally confessed to them. This is, by definition, malfeasance (wrong doing or misconduct especially from a public official).

If you, as an appointed planning board member, expect to be worthy of the public’s trust, do illegal things such as this, how can the people put any faith or trust in you to write ordinances and codes they must follow?

With regret and disappointment, we the undersigned citizens are asking that you do the right and noble thing. We ask that you submit your resignation from both the township Planning Commission and the Zoning Board of Appeals immediately in writing to the township board.

We believe that those who represent the people in office must uphold a standard of following the laws that are enacted, just as is expected of the rest of the citizens. If you who write the ordinances for our township can not follow them, how can you expect the people you are supposed to represent to follow them? You have lost all credibility with the citizens!

Mr. Wagner, please do the right and ethical thing. We hope that by sending this private letter to you, it will help you to reflect on this situation to do the right thing in the interest of this township, as it is not our intention to humiliate you unnecessarily in public if we need to proceed beyond this and take this to the whole township people via flyer’s, emails, newspaper inserts etc. We hope to hear the township board accept your resignation in writing at the next township board meeting on Thursday October 15, 2009.

We the undersigned respectfully ask you to submit your resignations from both boards immediately so the township can move forward with honest, ethical, and law abiding public officials who will do the right and honest thing.

Sincerely, Signatures on file: This letter was signed by over 35 people asking for him to resign. They should be uploaded soon.

NOTE: Bob Wagner did not resign at the board meeting Thursday night, Oct 15, 2009 so we asked the board to use their authority under the Michigan statute to remove a public official for “malfeasance ”. The board made no decision on this.  We at ReFELT will watch this very closely to see if this board will act with courage and remove him, or protect one of their own. (part of the “good ole boys”)  Time will tell!

We wholeheartedly believe that public officials who write ordinances and codes that we must follow, must be held to the same standard, and even to a higher standard. We also believe that if Mr. Wagner continues on in his position on the Planning Commission and the Zoning Board of Appeals, he will diminish his credibility to the process of planning and zoning appeals.

Even though Mr. Wagner committed this illegal act at his business, we believe that a persons character is an integrate part of all aspects of ones life. If Mr. Wagner was not forthright, upfront and honest with a government agency such as the Allegan County Health Department, we conclude he did not conduct himself in a way that is expected of a trusted public official. Mr. Wagner must step down from both boards or the township board must act to remove him to bring integrity back to the Planning Commission. Mr. Wagner has lost credibility with ethical minded citizens who expect honesty and integrity from their representatives in government.

We believe in a high standard for our elected officials and his act of not being forthright and up front with the Allegan county Health Department with his illegal holding tank demonstrates his evasiveness with the truth.

Please, again Mr. Wagner, do the noble and right thing and resign today, Friday, October 16, 2009

Bob Wagner violates Michigans Environmental Protection Act. He is the Dorr township Planning Commission chairman, who owns, Dorr Septic Service and Dorr Porta Jons.

CLICK THIS LINK

TO READ THE FULL STORY AT ALLEGAN NEWS

excerpts from the article: Hinz responded to the complaint the week prior to the DEQ’s inspection.
He said he did not spot any area on the property where septage was
being dumped.

comments to those excerpts:
Mr. Hinz did not go to the site for the inspection, Mr. Pete Lumbert did. Pete did not spot anything because he and Mr. Wagner were the only people questioned.  Mr. Lumbert did the inspection after his department was contacted by Mrs. JoAnn Graczyk, yet Mr. Lumbert never went over to see Mrs. Graczyk to get her side of the complaint.  Now tell me, if someone says the fox was eating chickens out of the chicken coop, would you go ask the fox if he did it, or would you go to the chicken coop and ask the remaining chickens?

Also, Mr. Hinz would not have sent Mr. Lumbert back for the inspection if I did not persist with emails back and forth with Mr. Fred Sellers from DEQ. Mr. Hinz finally got an email from DEQ, Mr. Sellers to go back for an inspection, this time with DEQ.  I will upload all the email communications from both departments.  This story just never added up to me at all.

excerpts from the article: Wagner said he had not disclosed the un-permitted tank at that time because he was not asked about additional holding tanks.

comments to those excerpts: Sounds a bit like the fox in the hen house again doesn’t it?  Mrs. Graczyk was never asked either, and she was the one who made the complaint who has been noticing this for the last 4 to 5 years.  Mr. Wagner won’t volunteer this information because he knew he was in the wrong, but he came clean the second time, knowing he was finally going to get caught, so he decided to fess up before they actually caught him red handed.

excerpts from the article: Wagner said he’s been scrutinized all his life and that he’s only human.
“If you look far enough, you can find dirt on anyone,” he said.

comments to those excerpts: Again, more excuses from those in power when they get caught. Condoning your actions with others improper actions. (ex. “Johnny stole a candy bar too, so I took 2 of them.”)  Please take responsibility and do the right thing Mr. Wagner, please resign and put credibility and integrity back into the planning commission.  Saying you can find dirt on anyone is a lame excuse.  He intentionally did not reveal that unauthorized holding tank , which displays a lack of character to be forthcoming and truthful,  which should be grounds for dismissal from a public office.  We the people want and expect those in office to uphold the peoples trust.

excerpts from the article:  Asked whether the violation would threaten his position on the planning commission, township supervisor Tammy VanHaitsma said she did not expect it to.

“Personally, I really don’t see a relationship between what happened and his position as chairman,” VanHaitsma said. “There were no fines, and he was asked to file for a permit.

“To err is human.”

She said she does not feel there should be an official reprimand, and there are no plans to bring it to the board for formal discussion.

comments to those excerpts:  If Tammy cannot see any relationship between Mr. Wagners evasiveness in his actions by not disclosing the unauthorized holding tank when the Allegan County Health Department came out to inspect his property the first time, how can  we be absolutely sure he will be forthright in his dealings on either the Planning Commission and the Zoning Board of Appeals?  Bob, by these actions has now left doubt in many peoples minds about his openness.

There is a distinct correlation in how he operates in business and in public service, and his actions in this situation are unacceptable for someone in his position to deceive and evade, especially someone from another governmental agency who came out specifically to investigate a suspected illegal holding tank.  Therefore, if Tammy cannot see this, then perhaps she is either incompetent as the supervisor, or she is trying to cover up and protect Bob’s unethical actions.  I personally beleive she is both and she will have to deal with any consequences of her actions in trying to protect “the good ole boys”, she is so good at doing instead of standing on the sound principle of doing the right thing and being ethical.

Tammy also states that there are no plans to bring it to the board!  Well guess what Tammy, maybe you don’t want to bring it to the board, but the other 6 board members can bring it up.  Remember Tammy, even though you “think” you are their boss, you really are NOT!  You are just 1 vote of 7, who by statute, facilitates the board room under the rules set forth and voted on by the entire board.  You do not make any rules via fiat, so you may find a board member who wants to bring this up and discuss it even if you do not.  They may even surprise you and make a motion to vote to remove him without your consent, if they have a majority.  I will not hold my breath on this, but that is a legal possibility, but the other 6 board members don’t have a clue they can even do this, to dare to go against “the supervisor”, so at this point in time, you are more than likely, safe.  Its so sad and pathetic that the other 6 board members have no clue they could overrule you in so many areas, but they just follow you along like lost sheep to the slaughter.  Someday soon, they will all finally wake up, but it may be to late.

excerpts from the article:  Wagner, who assumed control of the business after his co-owner son had died four years ago, said, “I never realized I needed a permit for it until (then).”

comments to those excerpts:  Do you suppose we could try this same lame excuse and build a business in an area zoned residential?  I highly doubt it.  We would probably have to abandon it or tear it down. I wonder if they would just issue a permit to use the building for a business that was built in a residential area………………..NOT!

excerpts from the article:  “I didn’t lie to anybody,” Wagner said. “I got a call (that the health department would) be there within an hour about a report we were dumping sewage on top of the ground.”

comments to those excerpts: That is true, Bob did not lie, but he sure was not to anxious to tell them the truth either now did he? After all, they never asked him if he had an additional holding tank, they should have asked him if he had an un-permitted holding tank and Bob surely would have said, well yes, its right over here.   (Bill Clinton come to mind?  It depends on what the definition of IS, is!  Bob says he did not disclose the un-permitted tank, because they never asked about additional holding tanks! 

More analysis coming soon.   YouTube Video Coming of this ordeal!    Come back soon!

Dorr officials ignore state laws.

CLICK THIS LINK TO READ MORE AND BE INFORMED ABOUT DORR TOWNSHIPS CORRUPT BOARD!

Throw these son’s of b#####es out of office!

CLICK HERE FOR THE FULL STORY:  Working hard or hardly working?