In April, the township board approved, in concept, a contract Special Assessment District (SAD) for water and sewer for Dutton Partners, LLC, a development at the intersection of Dutton and Squirrel Roads.
But earlier this month, after receiving a legal opinion, the board changed their tune and voted not to allow the contract SAD, by a 4-3 margin.
The proposed SAD was an amendment to a consent judgment between the township and Dutton Partners that dates back to 2004.
The board has allowed Dutton Partners to change their plan from duplexes to 176 single-family homes, however.
Dutton Partners asked for a reconsideration of the board’s vote against the SAD at their June 18 meeting.
‘On the 30th of April, Dutton left with a conceptual approval for a contract SAD,? said Dutton Partners? Attorney Joe Galvin.
‘On June 4th, we walked out into the parking lot and I was stunned. I was stunned because I couldn’t understand what I had done that was so dumb that I managed to persuade you to move from having approved a contract SAD to disapproving it.?
Galvin blamed himself for not explaining the SAD concept properly.
‘I kept hearing during this board’s discussion things like, ‘this is a loan,? ‘we’re not in the business of financing real estate development,? and that wasn’t what I was asking you to do,? he said.
‘If the board was insecure about the information that it had before it that night, I apologize to the board for not providing you with a sufficient basis for you to make a decision that was consistent with your prior decision,? he added.
In order to reconsider their previous action one of the four board members that voted against the SAD would have to make the motion.
That group included Supervisor Jerry Dywasuk, Clerk Jill Bastian, Treasurer Alice Young and Trustee Neal Porter (who was absent at the June 18 meeting).
‘I don’t think you did anything wrong, Mr. Galvin,? Dywasuk said. ‘It was pretty specifically outlined by our attorney what the responsibility of the board is to the township residents and the people that are on our water and sewer system. I don’t see anything that is changing my mind.?
In theory, the proposal would have called for the township’s Water & Sewer Department to install the infrastructure and the developer to repay those costs with interest.
‘It was a little bit disheartening, because we had the concept approval,? said Jim Faycurry of Dutton Partners, LLC.
Faycurry said Dutton Partners will meet this week to figure out their course of action, but he doesn’t see the issue being a huge holdup.
‘Overall, Orion has been really nice to work with,? he said.
‘I think they felt there was risk with the money in this case, but it really is secured.?
Faycurry said that Dutton Partners is clearly committed to Orion Township, with their donations to the general fund, Polly Ann Trail and Veterans Memorial serving as examples of that commitment.
‘They have done a lot, but we’ve been bending over backwards for them,? Dywasuk said.
‘As part of the agreement, he was allowed to put in single family homes instead of duplexes because they were more marketable.?