Former township Trustee Charles Dunn is back to work with the township, this time as an attorney. Some current trustees are unhappy about it.
Trustees David Lohmeier and Neil Wallace, and Clerk Shelagh VanderVeen voted against continuing a contract with Charles Dunn, Giarmarco, Mullins, and Horton, P.C, as well as August Mack Environmental firm concerning a sewage leak at Cheshire Park off Waldon Center Drive.
Dunn recommended August Mack to Supervisor David Wagner.
Wagner said he hired Dunn to make sure the township was ‘legally complying with all rules and regulations? and had felt at the time it was an ’emergency situation.?
‘There aren’t many emergencies that a lawyer can help you out of,? argued Wallace. ‘It seems to me that the health safety and welfare was handled very well (by the DPW).?
On the other hand, Wagner noted both the health department and the Department of Environmental Quality said ‘it was fine,? but there was still another sewage drain hooked up to the storm water.
‘When you hear about raw sewage being dumped into our waterways, this is pretty doggone bad, I think we took the appropriate action to get what was done,? he said. ‘If I wouldn’t have taken it, I don’t believe we would have been back out there to check that connection. The two connections that were hooked up were side by side I don’t know how in the world they missed them.?
Wallace said he was confident the township’s law firm Secrest & Wardle could handle the situation, due to their previous work with the Oakland County Drain Commission.
Treasurer Curt Carson, who sat in on two meeting with Dunn and Wagner, concurred with the supervisor’s hiring action.
‘There were two major concerns,? he said. ‘One public health safety and welfare, and two, proceeding in such a fashion that we would protect the township and the taxpayers from indiscriminate liability.?
Carson also noted he saw importance in getting a firm outside of the township.
‘We have to make sure that what we do is independent, totally independent,? he said. ‘I don’t want to use our township counsel, I don’t want to use our own test results because what wanted is to make sure everything was totally transparent and that the public can feel comfortable with the results no matter what they are once it’s done.?
VanderVeen said she also sat in on a meeting, but felt no emergency and she too was confident township attorneys could handle the situation.
‘I have a comfort level with them knowing they will do the right thing, I don’t think we never have to worry about our law firm doing some underhanded things to cover up something we’ve done,? VanderVeen said. ‘We have a very confident engineer who’s very familiar with work in our township, so I think there was a little bit of an overreaction to the whole thing and as a citizen I didn’t feel my health was in any danger.?
Trustee Larry Rosso said he thought it was appropriate for the supervisor to take action, but noted to do protocol through the township attorney might have been better.
‘I do think you have to bring all forces to bear and I want the supervisor to take action on emergency circumstances, but I appreciate the fact that he did it in conjunction with at least one of the full-time board members with Mrs. Richardson and whatever advice he could get,? Rosso said.
DPW Director Linda Richardson told the board earlier the health department reported 291 parts per million of E-Coli was found in the water samples. It takes 300 to close down a beach.
‘I have to agree wholeheartedly with Mr. Rosso,? Trustee Mark Petterson said. ‘I think the supervisor acted within an emergency, how can you not consider 291 or 300 parts per million of raw sewage going into a wetland not an emergency? I can’t even fathom that idea.?
The board voted 4-3, Sept. 1, to approve up to $5,000 for August Mack and up to six hours for Dunn, less than $2,000, Wagner said.
‘I never did get a good answer as to why we had to hire an attorney then, and I’m still waiting for that answer,” Lohmeier said. “On the discussions I heard, I still don’t see the emergency to override the board’s authority and go out and spend unbudgeted dollars on an attorney that no one can still tell what his purpose is supposed to be.”
Wagner said testing results should be available this week.
‘We should have the findings from August Mack Environmental firm by Tuesday (Sept. 8) of next week, to let us know if we’re all in the clear finally,? he said.