VBT board members consider ways to fix Haggerty Sub sidewalks

There are sidewalks in Haggerty Subdivision in Van Buren Township that are being pushed up by tree roots and otherwise deteriorating and VBT Supervisor Kevin McNamara wants to get those sidewalks repaired – but he’s not sure how to do it.
He brought several options to the township board at its regular meeting, via Zoom, on March 2.
Supervisor McNamara said that over the last four years he has had weekly calls complaining about the bad sidewalks in Haggerty Sub. (legal name Van Buren Estates).
He said he wanted to discuss a couple of different kinds of programs to present to property owners to see if they want them. He said the houses were originally $80,000 to $90,000 and now are selling for $125,000.
Matthew Best, director of public services, said the township has some liability in this He said in 1990 there was a slip and fall in Redford Township and the court found the township was not liable. Then there was a slip and fall in Canton Township and that case was put together with the closed Redford case and the Michigan Supreme Court said the townships had liability of 50% on non-maintained sidewalks and the property owners had 50%.
Director Best said they have been working on this for six months and have created a pilot program based on Haggerty Sub, created in 1970-74, where there are 716 lots and the homes are now selling for $150,000 to $165,000. They were originally $80,000 to $90,000, said Supervisor McNamara.
Best said the study showed at least 40% of the sidewalks need to be replaced. They could get grants for low income property owners and they have to make sure the ordinance reflects the private ownership of the sidewalks.
They could use inhouse staff or consultants to run the program. They would notify property owners of sidewalks that need replacement. People could replace their own sidewalks or go with the township contractor, which would probably be cheaper.
Since about 40% need replacement, that is estimated at $700,000, plus other costs, and the total would be $1,128,500 for a consultant led program.
If they have the work done in-house they would save $90,000, Best said, but employees would be pulled away from their duties and trained, plus a vehicle might have to be purchased.
He said it could be done in four phases over four years, with each phase $500,000 for consultants or $400,000 for in-house.
Best said the average cost per property owner would be $1,160, according to estimates. He said the township would have to provide some upfront capital outlay.
He said this figure does not include driveway approaches and damaged sprinklers or tiles. People could be invoiced for the cost of the sidewalk and pay it outright or put it on their tax bill.
Trustee Sherry Frazier asked how long would the people have to pay the money.
“We get 2-3% interest on money parked in our bank accounts,” McNamara said. “We could lend money and get it back in five years.”
Trustee Reggie Miller asked if someone newly bought a house there and a tree had damaged the sidewalk are the new owners liable? She was told yes.
McNamara said he wanted to find out what people thought, so he called people in knew in Haggerty Sub and they thought the $1,600 was OK.
He said there is a special assessment district option where the whole thing would be bonded out and each property owner would be taxed equally. It could be for ten years at $200 a year, he said.
Treasurer Sharry Budd said if they set up a SAD they have to have at least 51% of the people agreeing, so they have to get someone to go out and canvas the neighborhood to make sure there is support. She asked if other neighborhoods needed help with sidewalks.
Best said there is a limitation for this type of program with the pilot information. He said they are limited to sidewalks adjacent to county roads. He said site condos are not eligible.
Treasurer Budd said the biggest area is Haggerty Sub and the Homeowners Associations take care of their own.
“My problem with SAD is what about homeowners whose sidewalks are fine?” asked Trustee Kevin Martin. “What are trees? Those trees are going to die and the homeowner has to pay for removal.”
Supervisor McNamara said if he didn’t get so many complaints about trees and the sidewalks, the board wouldn’t be seeing this proposal.
“Other communities have done this,” he said.
Best said in Canton Township they had a program similar to this where there were a lot of damaged sidewalks. He said they did all five phases in Glengarry Sub. In one bid and saved a ton of money.
“What do you want me to do, if anything?” McNamara asked the board. He said unfortunately they don’t have a homeowners association. He said he called the people he knows, but that is not fair or scientific.
McNamara said they could take the $1.1 million cost and put flyers together and put out in Haggerty Sub. They could propose five years or form a SAD and over ten years as a bond.
Treasurer Budd said the last SAD the township did was set up by lot and a 300-foot lot was the same as any other.
“What if people replaced their sidewalks already?” she asked. Budd said she walked Haggerty Sub and ended up on her face because she wasn’t watching where she was stepping.
“I’d like to hear from the residents,” said Trustee Miller. “We’re not in a big hurry to vote on this… Put out a notice.”
“And tell them what?” McNamara asked.
“This is very complex,” said Trustee Don Boynton. “It’s hard to have everyone do the same thing… Hear what they have to say and give them proposals for $1.1 million or SAD as another option…”
Budd said with SAD you can’t leave anyone out.
Trustee Martin said the Michigan Supreme Court deemed municipalities had 50% liability. He said he is totally against SAD for consultant-led program.
“We have to protect our liability,” Martin said.
McNamara said there could be three different options: send a bill for $1,600 like they did in Canton, lend it to them from the township’s cash reserve and give them a maximum of five years to pay, and SAD. Budd said they would need legal counsel to put it on the taxes.
Best said they would develop it to allow that to happen. The current law doesn’t give enable action to put it on the tax roll. He said the township would have to put money upfront to make the program go.
“We’ll be on YouTube pretty soon,” said Clerk Wright. ‘It’s not hidden … Let the people tell us they want it to happen.”
Trustee Martin said he doesn’t want to do something that charges everyone the same. He said the township could lend them the money and the program has to be proposed to Haggerty Sub.
Marc Littleson sent a comment through the Zoom program saying he lives in the subdivision and most of the sidewalks have heaved. He said Wayne County told him not to cut the tree. He also asked if there would be ramps for the handicapped.
“They’ve been waiting for Wayne County since 1980,” said McNamara. “We will put something together for the next meeting. We’re trying to find a solution, not trying to start a war.”
Clerk Wright said they should ask Littleson to be a liaison with the subdivision and Littleson said he would be glad to help.
In other business at the one-hour-and-49-minute meeting, the board:
• Heard Supervisor McNamara announce that Recreation Director Jennifer Wright is retiring. He said she has been at the township since 1997 and has been monumental in building the recreation department;
• Approved the agreement with Oakland County for the CLEMIS records management system for the police, fire, and dispatch departments. The township has been with CLEMIS since 2005 and there are 150 other agencies with CLEMIS now. This is a written agreement to formalize the way we operate,” said VBT Police Chief Jason Wright;
• Approved the first reading of a local littering ordinance that is a municipal civil infraction, instead of a state infraction. Dan Power, director of planning and economic development, said the municipal law is very similar to the state law. The second reading is expected to be at the March 16 meeting and then it will have to be published before it goes into effect. There has been littering in the Tyler/Belleville road area from winds blowing over the Meijer parking lot. Clerk Leon Wright said there is a serious issue with someone throwing out a bag of garbage at the entry to Andover Farms subdivision. When asked if there would be a warning first, township attorney Angela Mannarino said the office has an option of discretion. She said there would be larger fines for more litter. “If an officer sees someone throw a bag of garbage out the window of their car, I don’t want to see discretion. I want to see something happen,” said Clerk Wright;
• Heard Clerk Wright say that he would like the township board to send a letter to the state senator to put a law into place for ethnic intimidation. He said in East Pointe someone put a Klu Klux Klan flag in a window facing an African American’s house and the prosecutor said there was no law that would allow charges. “I grew up in Mississippi, in the Jim Crowe era. It was really bad,” Wright said. “If there are not laws on the books … laws need to be changed… it is ethnic intimidation.” Supervisor McNamara said intimidating your neighbor is not freedom of speech; and
• Heard Trustee Kevin Martin ask if any of the other board members had a problem with the Zoom meeting. He said he was kicked off a couple of times during this meeting. He asked if there was another virtual meeting program that would be better. “This is better than the others,” said Supervisor McNamara, noting he’s been on the others. “That’s unfortunate if this is the best,” Trustee Martin said. Clerk Wright said you have to make sure you have a good wifi connection. “In a few weeks we’ll be meeting together again,” said Trustee Miller, noting the governor posted the current rule was through March 31.