Oakland County Health Department found E. Coli bacteria in storm water sewer at Cheshire condominiums and apartment complex off Walden Center Drive
Independence Township Supervisor Dave Wagner asked Charles Dunn, attorney with Giarmarco, Mullins & Horton, P.C. and former township trustee, “to investigate the circumstances surrounding the release and to advise the administration of its obligations under Michigan’s Natural Resources and Environmental Protection Act.”
‘It is expected that the law firm will engage an environmental consulting firm to make an initial review of the alleged release and to recommend any further investigatory or remedial action, if necessary,? Wagner wrote in an e-mail to the board.
The sanitary sewer was connected to a storm water sewer. The report noted “there was evidence of fishery wildlife living, immediately adjacent the storm water culvert,” said Department of Public Works Director Linda Richardson to the board via e-mail. ‘An SSO (sanitary sewer overflow) report was submitted to the DEQ as required.?
Wagner said the health department had only checked the outlet area and one or two other spots, but he wants to make sure there are no other issues later.
‘I don’t want to hear two or three years down the road say that the E. Coli had spread into a couple of other areas and in the meantime it killed a bunch of marine life or something like that,? he said. ‘Now, I’m not an expert in that field, but these guys (the environmentalists) are. They’ll be able to tell me are there areas they should look at, what they should do and how much it’s going to cost.?
Trustee Neil Wallace told Wagner in an e-mail he does not ‘have the authority to obligate the township to hire an attorney and/or an environmental service firm, period.?
‘If there was a genuine emergency then a meeting of the Board is called and the Board determines the course of action,? Wallace wrote. ‘Hiring a person with whom you have a close personal relationship is just another demonstration that this action is not taken with any genuine concern for the township.? And it is improper for you to engage him unilaterally, whatever his qualifications might be.?
Wagner said it does not have to go before the board because it is part of the ‘day-to- day business? of the township. As far as his ‘close personal relationship? with Dunn, he said he did not know Mr. Dunn prior to him becoming a trustee for the previous township board.
‘We passed a resolution saying we would use local people. Not only is he local, he’s probably the best qualified person in the entire state to do it,? Wagner said. ‘Ninety-nine percent of the businesses here in town, I know the people personally, therefore does that eliminates everybody that I know? That has no issue or bearing.?
Treasurer Curt Carson said after reviewing the statute he doesn’t see anything that indicates Wagner doesn’t have the authority.
‘I don’t care who makes the decision, it needs to get done,? he said. ‘We need protect the public’s interest, we need to protect the taxpayers and get it done.?
After a meeting with Wagner, Carson concurred with moving ahead without waiting for another board meeting.
‘That would have put us more days behind and with the weather you don’t know what’s going to happen,? he said. ‘My point is there is a problem we need to get in there, find out if we still have a problem and if we do then we need to take care of it.?
Trustee David Lohmeier said if there was a ‘current health and safety issue? than an emergency meeting should have been called, which included the public safety officials (police, fire department, DPW) to tell what needs to be done.
‘I had my (cell) phone on me all weekend, not once did it ring,? Lohmeier said. ‘If there was an emergency or a health problem what’s a lawyer going to do? That’s not the person we need to get in there.?
He said he would like to sit down and talk as a board the reason why they need an attorney and what they’re suppose to do, then take further action from there.
‘I don’t run the township, but I have a responsibility too,? Lohmeier said. ‘I’m supposed to be watching over taxpayer’s dollars and that’s not happening here.?
Trustee Mark Petterson declined to comment specifically on the situation.
‘It would be irresponsible of me or anybody to comment on this at this point,? he said. ‘Until we the board know all the facts.?
Be sure to check out an update on this situation in the next week’s Clarkston News.