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Posted on Wed, Jun 8, 2011 : 6:09 p.m.

Washtenaw County commissioner talks millage options for Sylvan Township in wake of sewer lawsuit

By Lisa Allmendinger

County Commissioner Rob Turner offered a glimpse of what Washtenaw County might do to help Sylvan Township residents ease the pain of a large tax increase for a sewer and water system that’s at the center of a lawsuit brought by two developers against the township.

“I’m only one vote of 11,” he said Tuesday night at the monthly Sylvan Township Board meeting. “But the county wants to work with you folks.”

The township only has enough money in its water and sewer fund to make the Nov. 11 interest-only payment of $175,000. In 2012, it will owe $350,000 split into two payments, but in 2014, that payment will increase to $969,000 when the principal kicks in.

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County Commissioner Rob Turner

Lisa Allmendinger | AnnArbor.com

The township owes about $9.7 million in bonds for the utilities that were backed by the county’s full faith and credit, as well as $1.25 million to the county for payments that were made to the township when the developers quit paying the special assessment for the utilities.

Turner said if residents are willing to vote to tax themselves about 4.15 mills for 20 years to pay for the bonds, as well as what it owes the county when the developers quit paying the special assessments, the county might be willing to help.

So, instead of a large lump sum payment, the county might be willing to “smooth” the payments out over a longer period, he said.

Township Supervisor Bob Lange said everyone is trying to avoid the township defaulting on its bond payment because if the township fails to pay for the bonds, the courts could decide the amount that residents will have to pay, and that amount would be higher than the proposed millage.

The 20-year millage of 4.15 mills would mean a home with an assessed value of $100,000 would be taxed an additional $450 per year for the system. Currently, residents pay less than 1 mill for township operations.

The township’s next step is to hire a financial analyst who will work with the township and the county to finalize a millage amount that could then be placed on the February 2012 ballot.

On top of the bond payments, the township also needs to have additional money set aside for system repairs, Turner said.

“If you get going now, I can’t promise this is what it will be, but you are looking at 4.15 mills or 10 mills if you wait longer,” he said.

In addition, Norfolk Development Corp. won a $2.4 million judgment against the township in the circuit court that alleged breach of contract when the township chose to connect to a sewer treatment plant rather than construct its own, but that judgment was recently overturned by the Appeals Court. Gaetan Gerville-Raeche, the township’s appeals attorney said the damage award by the Washtenaw County Circuit Court, and claimed by the developers, was sent back to the lower court because the circuit court judge used the wrong contract to determine the amount of damages.

The judgment from the circuit court voided the $8 million special assessment district that was supposed to pay for the water plant and sewer connection, and this was upheld by the appeals court. However, Gerville-Reache said the developers would have to pay their fair share of the assessments.

The developer has until July 7 to appeal the decision to the Michigan Supreme Court.

The township has also sued the attorney that represented them in the agreement, but that court case won’t be heard until next year.

Lisa Allmendinger is a reporter for AnnArbor.com. She can be reached at lisaallmendinger@annarbor.com. For more Chelsea area stories, visit our Chelsea page.

Comments

maverik

Thu, Jun 9, 2011 : 9:03 p.m.

There are so many "un-knowns" and "if-if" situations and so any questions not answered that any snap decisions made right now could lead to big mistakes. Looking at all the un-knowns and variables and where is the money going to come from for the water repair that is coming up and on and on, I do think at this point an emergeny finicial manager does need to come in and at least to a 30 day review. At the best or least our questions would be answered and everything would be looked into and we would have a better handle on things. The people of sylvan need to get together and get something started before we are stuck with something that we don't fully understand nor want. All I'm saying is that we as residents need some help from someone that is neither the board nor the county that wants their money. We need to explore all our options and then we can make an informed decision.

Alex Brown

Thu, Jun 9, 2011 : 11:18 a.m.

At some point in time, in 10 years or so, development will return. The area is just too attractive. When that happens the developers will be paying tap-in fees that they would be paying now to make the bond payments. So if the residents are going to be taxed to make these bond payments, how will they be repaid when the developers return?

brooktrout

Thu, Jun 9, 2011 : 3:14 p.m.

just the right question to ask, Mr. Brown. kudos to you. In fact, I have sent an email message to the sylvan supervisor asking that same question: Does not the proposed arrangement almost necessarily structure what will likely be at some point in time the receipt of funds beyond that necessary to make the financial elites (in polite company, the bold holders) whole? Bad enough we have to pay for all this poor governance; please try to keep the bills in the future to the minimum necessary. Wouldn't bet on that happening, though, not with this cast of characters.

ChelseaBob

Thu, Jun 9, 2011 : 10:45 a.m.

Does anybody know the status of the malpractice lawsuit against the law firm that initially represented the township? Success there could pay for some of this.

brooktrout

Thu, Jun 9, 2011 : 3:06 p.m.

based on an email exchange I had with an attorney representing the township, I would not get my hopes too high on this. I asked if the duty to provide sound counsel was absolute, i.e. could there be mitigating circumstances that would provide relief for Foster Swift (the firm in question) from their obvious malpractice. The reply: crickets. michael williams sylvan township supervisor nov 20, 2004 -- nov 20, 2008

snapshot

Thu, Jun 9, 2011 : 4:02 a.m.

This is why we need Emergency Financial Managers.

maverik

Thu, Jun 9, 2011 : 9:15 p.m.

sorry, i see my reply was finally published

maverik

Thu, Jun 9, 2011 : 9:12 p.m.

I did reply to your comment snapshot and did agree with you and gave my reasons but it was not published. i did not blame anyone, what has happenned to an opinon and freedom of speech?

maverik

Thu, Jun 9, 2011 : 9:08 p.m.

I agree with you totalty. We need help from someone that is neither the board nor the county (who natually wants their money). The township is broke. Where are we suppose to get the money for the water repair? is that going to come back to bite the residents? Help from an emergency finanical manager is just what this township needs!!!