Even though Oxford Township was only partially responsible for the extensive problems in the Elk View Estates subdivision, officials last week agreed to pay 100 percent of the tab to fix things.
‘My thoughts have always been whatever our fault is, we take care of it, plain and simple,? said township Trustee Joe Bunting, who led the charge to pay the entire bill. ‘We’re wrong, we make it right. That’s how it should be ? bottom line.?
That bottom-line Bunting spoke of, and the township board voted 4-2 in favor of it, will end up costing all Oxford taxpayers an estimated $324,000 to bring the subdivision’s two roads, Elkview and Bull Run, up to public standards, plus fix all the surface water drainage problems that plague the development located east of Baldwin Road and south of Hummer Lake Road.
‘It’s all of our money and no one wants to spend it, but if we’re at fault, it’s our responsibility to take care of it,? Bunting said.
Back in April, the township voted to contribute $148,486 toward fixing the problems in Elk View Estates, which was basically enough to bring the roads up to private standards and fix some of the severe drainage problems.
If the property owners agreed to contribute another $55,385 via a Special Assessment District, Elview and Bull Run could be fixed up to become public roads.
Right now, neither road legally exists because they were never dedicated as either private or public, nor were they ever approved by the Road Commission for Oakland County.
A majority of the property owners surveyed indicated they were in favor of having public roads and willing to make up the difference out of their own pockets.
However, the cost estimate to make the roads public increased from $204,000 to $234,000, plus another drainage issue arose on a vacant, undeveloped lot (known as Lot 18), which would cost an estimated $89,000 to fix.
These new figures necessitated last week’s special meeting between the township board and Elk View residents.
The general consensus of the residents seemed to be the township should pay these new costs. They especially didn’t want to pay the $89,000 for Lot 18, which is owned by the Waterford-based Watson Group Financial Corp. and has the potential to be split into five smaller lots and developed.
‘It’s got nothing to do with us,? said Chris Barclay, who lives on Bull Run, referring to Lot 18.
Loren Allen, who lives on Elk View, argued the lot’s owner should fix it when it’s developed.
But Treasurer Joe Ferrari indicated it’s better to spend the $89,000 now to fix the drainage problems on Lot 18 than put it off until some later date.
‘I want this thing done,? Ferrari said. ‘I’ve already spent way too much in legal fees.?
Over the years, the township’s invested more than $200,000 in attorney bills trying to resolve the issues at Elk View Estates.
Residents and officials agree it was the alleged improper actions of Elk View developer Scott Constable, who supposedly didn’t play by the rules, that led to this whole situation, which was further compounded by errors made by both Oakland County and the township’s building department.
Constable declared bankruptcy in 2005 and moved out of state, leaving the township and Elk View residents to clean up the complicated mess with no help from the county.
Township attorney Gary Rentrop agreed the municipality is partially responsible.
‘Clearly, there was negligence on behalf of the township,? he told officials.
But when it comes to government, proving negligence isn’t enough to make a municipality legally and financially liable. Rentrop said there would have to be proof of ‘gross negligence? on the township’s part, which he explained would be tantamount to proving it was an intentional act or something done with ‘a complete and total disregard? for any responsibility.
Given that, Rentrop there’s a ‘very small percentage? of possibility that the township could be found legally liable in a court of law.
Bunting expressed his belief that the township’s 90 percent at fault in this situation.
‘If it started with us and it got bigger, so be it,? he said. ‘That’s our responsibility to take care of it.?
Trustee Sue Bellairs disagreed with the 90 percent figure.
‘I think a bad person (Constable) came in here and duped a whole bunch of people into believing things that weren’t true,? she said. ‘I think that there’s a lot of people at fault.?
Bellairs was also skeptical of using public funds to fix Lot 18.
‘I don’t think we can use tax dollars to help develop somebody’s land for him to sell it,? she said.
Bellairs and Trustee Mike Spisz were the only township officials who voted against paying 100 percent for the Elk View fix. Supervisor Bill Dunn was absent due to a health issue.