Leelanau Enterprise

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Leland to join Small Harbors Coalition

Leland Township Harbor will join a group of small harbors around the state interested in establishing secure funding sources for annual dredgings.

At its meeting Monday night, the Township Board approved a resolution of support for the Michigan Small Harbors Coalition. Harbormaster Russell Dzuba, who presented information about the coalition during a May board meeting, was authorized to petition the township Harbor Commission to join the organization.

In a phone report, township supervisor Harry Larkin said the coalition is comprised of 50 small harbors around the state and charter fishing support groups. “Their main concern is establishing a secure source of federal and state funds to pay for annual dredgings,” Larkin said. In 2007, funding delays temporarily held up the dredging of the Leland Harbor

This year, U.S. Rep. David Camp (R-Midland) helped keep an $120,000 earmark in the federal budget to pay for the dredging. Larkin, however, said earmarks are an unpopular way to fund projects like harbor dredging because of the negative associations with the term.

“John McCain has said if he is elected president he will eliminate earmarks from the federal budget,” Larkin said.

Larkin also said Dzuba told the board that Abonmarche, an engineering firm, is advertising for bids for the $3.2 million Leland Harbor improvement project. The project would increase the total number of boat slips and berths from 66 to 90, improve the electric, water and sewer service provided to slip users, and provide new bathroom, shower and harbor office facilities.

Larkin said harbor officials are concerned that delays brought on by a longer-than-expected state review may result in a project cost that’s higher than originally anticipated.

“We won’t know how much this will be until we talk with the potential bidders and actually receive the bids,” he said. The Harbor Commission will hold a pre-bid meeting with interested firms on Aug. 11, and will open bids at special meeting Aug. 22.

In other business, the board:

• Unanimously approved the township general management plan. The board exercised its option to approve the plan, which was prepared by the township planning commission over the last two years. The Township Board and commission held a joint meeting in May to discuss the plan and the
only changes made since then were grammatical errors in the documents language.

The general management plan has been approved by the Planning Commission.

• Appointed township Zoning Administrator Tim Cypher as township ordinance enforcement officer. Larkin said Cypher will not receive additional pay for his new title. The board plans to review all existing township ordinances, not including the Zoning Ordinance, over the next two to three years to make sure the documents are in compliance with existing state laws. “Some of the township power ordinances were made a long time ago,” Larkin said.

• Accepted the resignation of Vince Fleck from the township Planning Commission. Larkin said Fleck resigned due to scheduling conflicts in his personal life. The board appointed Fleck to the commission in April. He will continue to serve on the township Zoning Board of Appeals (ZBA). Larkin has recommended Jon Stimson replace Fleck on the planning commission. Stimson also serves on the ZBA and would fulfill a state requirement for having one member of the planning commission be a representative on the ZBA. Action on the recommendation is exprected at the next Township Board meeting.

• Approved a request from clerk Jane Keen to attend a training seminar on human resources. The seminar costs $195 and will be held in Traverse City.

Little League teams win district titles

Two Traverse City Little League teams that include players from Leelanau County won District 8 championships Saturday and have advanced in state tournament play.
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Results from county golf leagues and events

Following are results from golf leagues and events from the past week:

The 9-hole and 18-hole groups each played a game of two best balls during Men's Day at Leland Country Club Wednesday, July 9.
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Leelanau County Sports Briefs - O'Brien, Olson qualify for top junior golf event

High school golfers Matt O'Brien of Glen Lake and Charlie Olson of Suttons Bay have qualified for one of the nation's top junior golf tournaments.
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Day 6, and still no safe drinking water in Empire

Six days after a drinking water warning was issued in the Village of Empire, residents and visitors continued to cope with the hardship though most indicated they haven’t become too agitated – yet.
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Substation's fate may not be decided locally

The Elmwood Township Board, Zoning Board of Appeals or even a local judge may not decide the fate of a proposed electrical substation in Elmwood Township.
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S-B Chamber seeks fireworks donations

The Suttons Bay Chamber of Commerce is seeking donations from local businesses, individuals and organizations to help pay for a fireworks display over Suttons Bay on Labor Day weekend.
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Timberlee resident gets better road deal

By all accounts, Elmwood Township resident Tony Ansorge got a better deal than other property owners paying to build a private road in the Timberlee area.

In a settlement agreed to by the Township Board in a 5-2 vote Tuesday, Ansorge will be allowed to pay $2,852 for each of two parcels he owns toward a special assessment district set up to fund improvements for East Timberwoods Dr. Owners of similar lots were assessed $3,656.

The reduction was worth it to the township and other property owners in the Timberwoods Dr. special assessment district, according to attorney Dennis LaBelle. He recommended approval to the Township Board after negotiating a settlement with Ansorge, who appealed his assessment to the Michigan Tax Tribunal.

LaBelle said Ansorge’s claim was the last of several that went to the Tax Tribunal. LaBelle said the others had been denied, although he has not received dismissal orders.

And the cost to continue to fight Ansorge would be higher than any benefit realized by the township, LaBelle added. Legal costs incurred on behalf of the township are billed back to the special assessment district — meaning that other E. Timberwoods Dr. residents could end up paying more.

“I can’t sit here and charge the district $150 an hour over $250,” said LaBelle, in explaining the agreement Wednesday morning. “(Ansorge’s) not right … as a matter of law.”

Ansorge, also speaking Wednesday, said the township was better off without the risk of having a judgment in his favor because of its possible effect on other property owners in the district.

The Timberwoods Dr. project had its roots in a resolution approved by a previous township board in October 2004 that was seeking to improve the private road to a level acceptable by the county Road Commission as a public road. Costs and anticipated legal problems in obtaining a road right-of-way led LaBelle to suggest the private road option, which was accepted by property owners. Work to improve roads to township private road standards within three special assessment districts in the Timberlee area was recently completed. Private road standards had been lightened by the board to further reduce construction costs.

Ansorge in his appeal claimed that property owners could not be charged legal and engineering fees associated with the public road project as part of their private road assessment.

“I would have liked to have the tax tribunal write an opinion that said, ‘Township, you were wrong,’” said Ansorge.

Ansorge and LaBelle agree that the settlement amount had the effect of creating a financial liability to continue the claim. Had Ansorge denied the offer but failed to win his claim with a settlement at or above the $802 per lot offer, he could have been forced to pay township attorney fees. Ansorge did not hire an attorney.

What formula was used to determine the figure, however, remains a mystery. The agreement’s explanation appears inaccurate.

According to the four-page settlement: “The legal expenses represent $804, or 22 percent of petitioners’ special assessment for each parcel…” It sets the amount of legal expenses that should not have been passed onto all special assessment district property owners at $14,000.

But costs for the district, including legal and bonding fees, engineering and construction, total $452,138. The $14,000 in claimed private road legal fees represents just 3 percent of the total project cost.

LaBelle acknowledged the discrepancy when asked, and did not recall the formula he used to determine the settlement. But he said the offer had to be high enough to force Ansorge to settle or face the possibility of paying township legal fees. Discussions between he and Ansorge were held several months ago.

Ansorge was also unaware of the discrepancy, but said it was in his best interest to settle. “I couldn’t expect to get any more money, even if I had prevailed,” he said.

Still to be decided is how to fund cost overages associated with the three special assessment districts. According to figures presented at the previous Township Board meeting and provided by clerk Connie Preston immediately after the meeting, funds raised by the sale of $690,000 in bonds to fund the three special assessment districts were $37,130 short of paying for known costs. Also yet to be decided is how to reimburse the General Fund for $34,302 in work completed by the Gourdie-Fraser engineering company toward the special assessment districts. The General Fund was tapped to pay Gourdie-Fraser at a special meeting held Feb. 27, 2007. The firm had threatened to stop working on the project unless paid, but agreed to waive $14,860 in interest and late fees.

Voting against the settlement were trustees Jeff Howell and Terry Lautner. Howell, speaking after the meeting, said he opposed allowing one property owner to pay less than others for the same service.

Runaway horses cause parade stir

The festive and peaceful air surrounding the Cedar Polka Fest parade was shattered by the sounds of a runaway horse team and wagon early Saturday afternoon.
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Permits expire on Cleveland home; county closes case file

The most recent set of building permits for a 13-year-old home building project in the Scenic Mountainview Estates subdivision in Cleveland Township expired on June 20, and township supervisor Tim Stein said he’s hopeful that action will be taken against the property owner sometime soon.
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