Pending a final approval by the Orion Township Board of Trustees, a number of boat docks will be allowed to remain on Pine Island, thus likely bringing a close to a dispute on Lake Orion that has lasted two years.
The ‘marina? on land owned by the Dunaskiss family, represented by former state senator Mat Dunaskiss, was first reported on by The Review in 2005.
The board voted 4-2 on Monday night to approve going forward with a consent judgment in the matter, which remains in litigation.
‘The summary of it is that it would be limited to four docks,? said Trustee Matt Gibb. ‘The hours of operation would be limited from sunrise to sunset, except on the three holidays where everybody stays on the lake a little later.?
The agreement includes some other stipulations. No structures are to be built on the island, though some trees are to be planted to provide screening.
If development takes place on any of Dunaskiss? other lots, he must pull back two of the four docks on the island.
The issue was revealed during a nearly one-hour and often heated discussion on the matter after the board discussed the item several times in executive session in recent months.
Supervisor Jerry Dywasuk and Clerk Jill Bastian voted against the motion to move forward with the consent judgment, while all four trustees (Gibb, John Garlicki, Neal Porter and John Steimel) were in favor of it.
‘Even if the court turned Mr. Dunaskiss down and ruled in favor of township, the likely result would be a greater amount of boat docks,? said Gibb. ‘We’re trying to make the best decision for all 38,000 residents of the township, not those that just live on or near the lake.?
‘Here you have a situation where complaints were made to the township, the township investigated the matter, the township took action in circuit court, and the township raised issued in its complaint,? said township attorney Shannon Ozga, from Secrest/Wardle. ‘The defendant Mr. Dunaskiss made a counter-complaint.?
Resolving an issue with a consent judgment would put an end to both sides of court action.
Many board members commented on the fact that there is no ordinance that could enforce the situation on Pine Island, with Gibb noting that the village has such an ordinance, but the township does not.
‘We chose to go the rout of litigation instead of amending the ordinance,? Gibb said. ‘We can’t retroactively enforce an ordinance.?
The board allowed residents with new information, or those that hadn’t yet spoken on the record to speak at Monday’s meeting.
‘How did it ever get this far without the board addressing the lack of an ordinance?? asked lake resident Dave Proksch. ‘You guys should be in lock-step with the village, or at least close.?
Lake resident Norman Barbieri provided the board with information from lakes in other communities.
‘If you think you’re getting out of legal fees look at Orion Marine,? said resident Carolyn Dumas. ‘Do you think Mr. Dunaskiss is going to stop at what he says he is going to do? Never. You won’t be able to afford to stay with him. If there’s any chance we can spend the money now and end this, I suggest we do this.?
‘The record is fairly clear,? said lake resident Roger Ebejer. ‘There is only one marina project that has gotten the entire community’s interest. This is the only project that people are complaining about. There are over 400 people that don’t want it.?
About 15 residents spoke on the matter, with a vast majority expressing their disapproval of the matter.
‘I just wish there was someway we just could just lay this proposed settlement on the table,? said Trustee Neal Porter, prompting the explanation from Gibb nearly 45 minutes into the discussion.
‘I’m giving away our hand here, but this is what it is,? Gibb said. ‘This is a solution. Is it the right solution? Who is to know??
The issue is likely to come back to the board at their next meeting, slated for May 21.
‘Approving a motion tonight is directing the attorney to finalize a document,? Gibb said, ‘Then that document has to be approved.?
Representation for the Dunaskiss family said the consent judgment was a positive step for both sides.
‘If they really understood what the facts were, they’d be in favor of this,? said Dunaskiss? attorney Edward Shuttie said of the disapproving citizens at Monday’s meeting. ‘It gives the Dunaskiss family incentive not to build on the lake.?
‘He’s really giving the township a great deal of compromise,? he added.
The township attorney is now to proceed with a final version of the consent judgment
‘They have some ideas that I’m sure came from this evening’s executive session that we’ll have to examine,? Shuttie said.
‘We’re ready to move on and be a good neighbor,? Dunaskiss said.