Another chapter was written last week in the seemingly never-ending saga of the Elk View Estates subdivision.
When and how this story ends now depends on what the residents decide.
Oxford Township officials voted 4-2 to reduce the amount they’re willing to pay to bring the subdivision’s two unapproved roads, Elkview and Bull Run, up to public standards and fix all the surface water drainage problems that plague the area.
The 100 percent officials agreed to pay back in July was lowered to 65 percent to be allocated from the township’s general fund.
‘The township’s not even close to being 100 percent responsible for what’s happened here, but we do want to help these residents and we are willing to pay, just not for all of it,? said Supervisor Bill Dunn, who wasn’t present at the July 15 meeting when the board approved paying 100 percent.
Right now, the total estimated cost for the entire fix is approximately $325,000. That means the township’s share under this latest offer would amount to $211,000.
‘I would say 65 percent is a pretty generous offer, all things considered,? Dunn said. ‘Most of the residents have already told us they’re willing to pay something to fix this.?
A survey of Elk View property owners conducted by the township back in May indicated 12 lot owners were in favor of paying a portion for the fix, two wanted the township to pay for everything and five owners didn’t respond. All 14 respondents were in favor of having public roads.
In light of Elk View residents? willingness to pay a portion and the fact that the township is only partially responsible for the situation, forcing taxpayers to pick up the whole tab would be an ‘irresponsible? use of public funds in the supervisor’s opinion.
‘I think the only reason the motion to pay everything passed (in July) was because we have some newer board members who weren’t as familiar with the situation and they saw how frustrated the residents were and wanted to help,? Dunn said.
Elk View residents have 90 days to decide if they wish to pay the remaining 35 percent (or $114,000) and if they do, how they’re going to split the cost via a special assessment district spread over the subdivision located east of Baldwin Road and south of Hummer Lake Road.
Residents and officials agree it was the allegedly improper actions of Elk View developer Scott Constable, who supposedly didn’t play by the rules, that led to this whole situation which has been going on for about 10 years.
Errors made by both Oakland County and the township building department compounded problems and added to the mess.
Over the years, the township spent more than $200,000 in legal fees trying to resolve the issues in Elk View Estates by pursuing Constable through the courts.
Constable declared bankruptcy in 2005 and moved out of state, leaving the township and Elk View residents to resolve the situation with no financial assistance from the county.
The potential legal problem of the township expending public monies to fix Elk View’s roads has apparently been solved.
According to Dunn, the Road Commission for Oakland County last week ‘verbally agreed? to accept the subdivision’s two roads as public roads with the understanding that the necessary physical improvements will be made.
As public roads, the township would be allowed to legally expend funds on bringing them up to public standards.
‘There is a (state) statute that allows townships to spend money on public roads,? said township attorney Gary Rentrop.
As it stands right now, neither of Elk View’s roads legally exists because they were never dedicated as public or private roads nor were they ever approved by the road commission.
Both roads are technically private property, owned by Bronco Investment. In order to be accepted as public roads, the property will have to be deeded over to the county.
If the township were to pay for improving the roads while they were still private property, it could be considered expending public funds for a private purpose, which is prohibited by state law.
Having approved roads is a must for Elk View residents because without them, they can’t sell or refinance their homes. Mortgage companies won’t loan money for properties that aren’t in compliance with the township zoning ordinance.
No building permits can technically be issued in the subdivision for the same reason.