A private gate placed across a corner of cemetery property in Sumpter Township has caused consternation to township officials.
At the Aug. 9 regular meeting of the township board, the board voted unanimously to direct the attorney to take “whatever action necessary” on the gate erected six feet into Martinsville Cemetery property.
Township attorney Rob Young explained the situation to the board.
He said a group of officials went out to look when they got word a gate had been installed. Included in the entourage were attorney Young, engineer Keith Uutinen, Deputy Supervisor Craig Moody, Police Sgt. Chris McGlynn, and Police Chief Jim Pierce.
Young said Kurt Nofz came out and said it was his property and to get off.
Nofz has an easement across the corner of the cemetery to access his home, but Young said an easement cannot be blocked.
Young said Nofz told them he had a conversation with the Wayne County Road Commission and although he blocks a corner of its right of way, the county decided to take no action because the six feet involved is not of sufficient consequence.
Young said when there is a burial in Martinsville Cemetery, the funeral home staff used to be able to remove a small part of the fence to allow mourners to progress through the cemetery.
Now, with the gate in place, all the cars have to back out onto Willis Court.
“The question is: What do you want to do about it?” Young asked the board.
“Mr. Nofz is not willing to remove it. It is going to take some judicial action,” Young said, adding the judge will say whether Nofz is right or the township is right.
Young asked if the board wanted him to file a legal action.
“We had a problem with Mr. Nofz when Elmer Parraghi was supervisor,” recalled Trustee Peggy Morgan.
The late Marvin Banotai was supervisor when Nofz first built his house and was granted an easement through the cemetery.
Young told of another perceived problem on Willis Court brought to light by Clerk Clarence Hoffman. He said there are three or four small pine trees planted by a neighbor on Willis Court on what is believed to be township property.
“I sent them a letter to remove the trees,” Young said, adding the neighbors said it was their understanding they own across the road and up to the fence.
“They thought they were doing a nice thing, but people cannot park there for the funerals with the trees there,” Young said. He said the neighbor said no one ever parked there.
Engineer Uutinen said actually the trees are on the county right of way which is recorded at 30’ at that point.
“The right of way doesn’t remotely correspond with the roadway,” Uutinen said. He explained where Willis Court comes in from Martinsville Road, the right of way is 66 feet. But, if the 66 feet continued on Willis Court it would have intruded on graves, so it goes from 66 to 33 feet at the northwest corner of the cemetery.
The board members noted that the neighbors in that area watch out for each other and are very pleasant. They had no heart to make them move any trees.
Clerk Hoffman said there is no place to park and when the township cemetery cleanup/mowing crew put a dumpster there, Nofz couldn’t get back to his house.
“We can get into the cemetery, but have to back out,” Hoffman said. “When it comes down to it, who’s taking care of the cemetery? The clerk’s office.”
He said he wanted the trees moved so they can use that little piece of land if they need it and Nofz can get back to his house.
Hoffman’s motion to remove the trees received no second, so it died.
[At the Aug. 23 meeting, the board voted to have a survey done of Willis Court, the cemetery, and the county right of way with a cost not to exceed $4,000.]
In other business at the Aug. 9 meeting, the township board:
• Approved hiring six probationary paid-per-call fire fighters recommended by Fire Chief Les Powell: Derek Cichewicz (paramedic), Gregg Horn (HazMat training), Enida (Iljazovic) Winekoff, (FF1 paramedic), Daniel Kovoch, Jeremy Schrock (FF2 EMT-B), and Kyle Simmons;
• Approved the hiring of Chaim Michael Kozak as a part-time police officer. Lt. Eric Luke said the department has put a process in place where candidates are tested by EMPCO testing company so there is no longer any cost to Sumpter. “We will hire as many part time officers as the board would like,” Lt. Luke said. He said the department is down five full-time positions;
• Heard an update on the Senior Alliance by Maggie Watson, Planning and Program Manager for the Area Agency on Aging 1C. She said the county no longer will be paying part of Meals on Wheels and there could be some cuts to the program;
• Approved purchase of a new communication system and ventilation system for the Sumpter Road pump station from Kennedy Industries at a cost of $6,156;
• Approved paying Trustee Bill Hamm $60 for the month of July for maintaining the permanent rest rooms at Banotai Park;
• Approved sending Deputy Treasurer Karen Armatis to the October fall conference of the Michigan Municipal Treasurers Association, Oct. 2-5, at Mission Point Resort on Mackinac Island at a cost of $870.