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Timber Shores review closer

Leelanau Township officials are getting closer to proceeding with final site plan review of the proposed Timber Shores development.

The Township Board approved two contracts with Fleis and Vanderbrink Engineering concerning review of plans for private roads and the septic and sewer system for the 474-unit planned unit development project. The township Planning Commission granted preliminary approval for the development last spring. The approval came with 26 conditions, all of which have to be met in order for the project to proceed.

Since then, township officials have been waiting for the project’s developer, NM Investments of Royal Oak, to put necessary permits in place before proceeding with final site plan review on the project.

In a phone report made yesterday, supervisor James Neve said the board approved two contracts with the engineering firm. The first contract, for $2,600, would have Fleis and Vanderbrink engineer work with him on reviewing the developer’s private road plan for Timber Shores.

“Our private road ordinance has me, the supervisor, as the authority for verifying the development’s private roads meet our standards,” he said. The Timber Shores’ road plan shows varying widths for different roads within the development, so Neve will meet with engineers to ensure the township’s standards are met.

The board also approved a contract with Fleis and Vanderbrink to review plans and specifications for the development’s first phase septic tank system, and the central sewer system that is planned later once enough residential units are sold.

“They will look at whether the developers are putting in the right kind of sewer pipe, and whether the kind of septic tanks being used for the first part of the development are sufficient,” Neve said.

For the review of plans and specifications, the engineering firm will be paid $5,200. During construction of the septic tank system and later the wastewater treatment plant, Fleis and Vanderbrink will receive $7,400 to serve as the township’s on-site construction inspector.

Neve said the costs are “pass through” expenses for the township since NM Investments will reimburse the township for all costs it incurs as part of the Timber Shores review process.

The board also reviewed a letter from attorney Thomas H. Oehmke dated April 9, 2007, concerning actions he considered inappropriate taken by trustee Gary Fredrickson regarding an earlier letter Oehmke sent to the Michigan Department of Natural Resources concerning the project. Oehmke also sent a copy of the letter to the township.

After finding a copy of Oehmke’s DNR letter in his packet for the township board’s Tuesday night meeting, Fredrickson apparently contacted township property owners around the Timber Shores property to learn if they were being represented by Oehmke.

Oehmke said Fredrickson’s contact with his clients was an attempt to circumvent attorney-client privilege.

“Trustee Fredrickson’s letter was alarming and seen for what it was: an inappropriate inquiry by a public official aimed at undermining the confidentiality of the attorney-client privilege,” Oehmke stated in the April 9 letter. He further wrote that if Fredrickson had simply asked him about the nature of his clients regarding Timbershores, he would have told him that he represents dozens of property owners with land adjacent to Timber Shores. Beyond that, Oehmke wrote he could not identify the clients, who wish to remain anonymous.

Neve said during board discussion Tuesday night that members made it clear that Fredrickson had acted on his own. “Gary said he had acted on his own and the board said they had not directed him to do anything related to Timber Shores,” Neve said.
Neve said Fredrickson was merely trying to get more information after he had looked at Oehmke’s letter to the DNR. “He was sharing information that is part of the public information related to Timber Shores,” Neve said.

The board did not admonish Fredrickson.

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