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Elmwood reaches tentative deal to settle suit over property split

Elmwood Township has reached a tentative agreement to settle a lawsuit filed by the owners that want to split up a 40-acre parcel in Bingham Township.

Elmwood was one of many defendants in the suit, filed by Daniel P. Bocik and Marena M. Sabo. Access to their property is through an easement running through the 73-lot Valley Hills subdivision in Elmwood Township directly adjacent to the Bocik/Sabo property.

The settlement was reached following a day of mediation by representatives of the litigants, and tentatively approved Monday evening by the Township Board. The settlement included a monetary award, although details were not released or discussed by board members. Once signed, the settlement will be available to the public.

The suit sought to widen a 16-foot easement through the subdivision approved by a previous Township Board in 1987, which would allow Bocik and Sabo to create more divisions in their property. According to limited discussion at the meeting, eight splits would be allowed on the Bingham property through the settlement; only two would have been allowed previously.

Named in the lawsuit were all property owners in the subdivision, Elmwood Township and various utilities with easements through Valley Hills.

In other action at the meeting, board members:

• Declined a request from Traverse City Area Public Schools to reduce the fee charged by Elmwood to collect summer property taxes for the district from $3.72 per parcel to $2.50 per parcel. A report compiled by treasurer Debbie Street put direct costs of Elmwood to collect the taxes at $2.45 per parcel, but that amount did not include salaries for the township treasurer, assessor and supervisor, payment for office and assessment equipment, motions and filings to the Michigan Tax Tribunal, and other associated costs.

Supervisor Derith Smith said TCAPS’ failure to financially help the township oppose assessment appeals helped sway her vote. “They have never assisted us; I would be opposed because of this. It’s not a cooperative effort,” she said.

• Agreed to allow the City of Traverse City to distribute $6,053 collected in fees from Elmwood cable television subscribers to the non-profit Land Information Access Association (LIAA) of Traverse City. LIAA is overseeing continuance of public access channels 2 and 99 and the broadcast of township meetings.

• Reappointed Devereaux Trepp and John Varner to the townshp Marina Committee.
• Authorized the township fire department to spend up to $2,421 for a new copier through the National Joint Powers Alliance, which negotiates lower prices from large suppliers on behalf of member organizations. The Sharp digital copier will be sold by Netlink Business Solutions of Elmwood Township.

• Approved a resolution requested by a group calling itself Citizens for Equity asking the state Legislature to increase appropriations to local school districts.

• Renewed its insurance coverage through the Michigan Township Participating Plan at a cost of $26,210, just an $8 increase over the previous year.

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