East Lane Ownership May Revert to Brevort Township Residents

2006-10-12 / Front Page

Legal Recommendation Sought by Board
By Paul Gingras

Ownership of East Lane, near Brevort Lake, may revert to residents along the road, pending action by the Brevort Township Board of Trustees, which voted Tuesday, October 3, to have the township attorney study the road's history and legal status and make recommendations.

Township supervisor and assessor Ed Serwach noted an ownership anomaly when Henry Huckins, owner of the end plot on East Lane, asked for a building permit for a pole barn. Mr. Serwach insisted that the final portion of the dead-end road constituted Mr. Huckins' driveway, but upon further study, he discovered that East Lane was deeded to the township in the late 1990s, during construction of the township's sewer project. The township board thought East Lane was a private road, Mr. Serwach said, partly because residents have maintained it for years.

"I have concerns about this because roads aren't supposed to be owned by the township, they should be owned and maintained by the county," Mr. Serwach said. "It's a liability waiting to happen."

East Lane is a potential liability, he explained, because if a fire truck can't get to a fire on it, the township is responsible for injuries and damage.

For the road to be returned to county, however, it must be brought up to county standards. It is 40 feet wide, and the county requires roads to be 66 feet wide. Therefore, each resident along East Lane would have to relinquish 13 feet of property, which could eliminate much of some of their front yards.

Bill Kemeny of the Brevort Lake Association said the association lacks money to maintain East Lane, but suggested residents develop a citizen group to do it. The Schaeffer Road Association in Moran Township, for example, pools money for plowing and road maintenance. There are a number of similar associations in the area.

George Ford of the Schaeffer Road Association said his organization would be happy to provide a copy of its bylaws to new associations. Their bylaws explain what the group is, why it formed, what members do, explains road maintenance dues, and even spells out the details of its annual picnic. They are simple bylaws, he added, but they prevent any possibility of fraud. New residents receive copies of the bylaws, which help them understand that they're living on a private road and explains maintenance obligations.

Owing to the prevalence of private roads in Moran Township, area zoning actually requires the development of such associations. Any private road with more than two residences must form an association and show the board its maintenance plan, said Mark Spencer, a Moran Township trustee.

In other business, Brevort Township Trustee Bernie Sorrels asked whether the county prosecutor's office could help enforce township ordinances. Mackinac County Prosecutor Clayton Graham, who attended part of the meeting, said his office doesn't have the authority to do so, but if a coalition of townships were to meet with the Mackinac County Board of Commissioners, perhaps they could "work something out."

Brevort Township has been pressuring Mackinac County to assist in prosecuting ordinance violations for at least five years, Mr. Serwach said. Without county involvement, the township relies on its own attorney.

Mr. Graham said he has received similar requests from Portage Township, but the Prosecuting Attorneys Association of Michigan informed him that his office can't take on township ordinances, owing to liability and cost. No county prosecutor in Michigan works on township ordinances, Mr. Graham added. Their job descriptions allow them to work with county and state laws and to provide general civil council to county commissions.

Mr. Serwach said, however, that the township would prefer having a salaried county employee handle ordinance cases, rather than to pay its own attorney on a per-case basis.

A resident at the meeting asked how to invoke the township's blight ordinance and was advised by Mr. Serwach that a signed complaint must be made to the township for enforcement to begin. In all such cases to date, residents charged with blight ordinance violations have responded to cleanup requests and no cases have gone to court.

Brevort Township Fire Chief Mark Peterson said plans for a new fire hall are incomplete and the department won't know if it can afford a new fire barn until it receives design specifications. Township Clerk Susan Stelzer has applied for a $50,000 donation from the Sault Ste. Marie Tribe of Chippewa Indians to help pay for the building. The fire barn has been proposed in addition to construction of a separate building to house the township office and a community center. The community center proposal will come before township voters on the November 7 ballot.

The fire department will host its annual Halloween party for area children Saturday, October 28, from 7 p.m. to 9 p.m. at the Brevort Township Community Center. Tickets for games cost 25 cents each, or five for $1. Each game requires one ticket. The event will feature a spook house and cake walk, which require two tickets.

The long-awaited halogen light at the corner of Worth Road and M-123 has been praised by area residents. It was installed over the summer, and residents reported it improved visibility last week when dense fog reduced visibility on area roads.

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