A public hearing for the Lake Orion Canals #2 Special Assessment District (SAD) will go forward, despite the Orion Township Board of Trustees previously suspending the SAD plans.
The board voted July 5 to hold a public hearing on the Lake Orion Canals #2 SAD cost estimate and work plan on Aug. 1, at 8 p.m.
Trustees also voted to rescind their actions of the June 20 meeting, when they decided to return the petitions to the citizens who had requested the SAD be put back in place, and send out letters of explanation.
The board acted on June 20 based on information received in a township attorney opinion letter dated June 14.
It was the attorney’s opinion at that time that the petitions were not valid, because they did not represent the entire lake, but only less than two thirds.
The attorney said that lake improvement SADs must be under the jurisdiction of a lake board, which could not represent just a portion of the lake, but must represent the entire lake.
At the July 5 meeting, township attorney Gerald Fisher said the board could chose to move forward with the creation of the SAD, under the township improvement act.
Under the act, the township would say the Lake Orion cAnals SAD pertained to public health, safety and general welfare, and could thereby be established by the township.
Fisher said the board could also choose to first establish a lake board before dealing with the issue.
‘It would no longer be an SAD,? he said.
The board voted yes to trustee Matthew Gibb’s motion to rescind the board’s previous two actions of June 20, so they could ‘consider the matter afresh.?
‘My feeling on this is, we now have the full legal interpretation of our attorney,? Gibb said.
‘I’m not in favor of a lake board at this time,? he said. ‘I think when you do things hastily, you make bad decisions.?
In regards to the SAD benefiting public safety and welfare, Fisher said it would be less obvious than, as an example, a SAD to maintain or repair a road.
‘It’s less perfectly clear to people why you need to take weeds out of the lake,? he said, adding that the board would need something in the record relating to government action for the public good.
According to Fisher, the township would need to have an expert witness on hand at the Aug. 1 public hearing, to present testimony to support the township’s establishing of the SAD.
‘The township would need to bring one forward if you are challenged (on the SAD’s creation),? said Fisher.