IMPORTANT UPDATE
ON JUNE 14 (15), 2022 GERRISH (LYON) TOWNSHIP BOARD PASSED A PRELIMINARY SPECIAL ASSESSMENT DISTRICT RESOLUTION. THEY DID SO DESPITE HAVING ABSOLUTELY NO FIRM FUNDING FOR THE PROJECT! THEY ALSO ARBITRARILY DECIDED THAT OVER 1500 WRITTEN OBJECTIONS PREVIOSLY SUBMITTED ARE NO LONGER VALID. THE TOWNSHIPS CLEARLY HAVE NO INTEREST IN WHAT THE MAJORITY WANT, AND ARE WILLING TO DO ANYTHING TO PREVENT THE MAJORITY FROM HAVING A FAIR SAY. YOU MUST SUBMIT A NEW WRITTEN OBJECTION TO RESERVE YOUR RIGHT TO HAVE A SAY IN THIS EXTREMELY EXPENSIVE AND CONTROVERSIAL PROJECT.
THE FIRST PUBLIC MEETING IS SCHEDULED FOR JULY 25, 2022. IF YOU DO NOT OBJECT BY THEN YOU WILL NO LONGER HAVE ANY MEANINGFUL WAY TO HAVE A SAY IN THIS PROJECT!!! NO SAY, JUST PAY!
Welcome to the Gerrish Lyons Sewer Project Petition website. The purpose of this website is to provide information about and how to file a petition ("written objection") if you wish to have a voice in the approval of the $115 million Higgins Lake Sewer Project.
The basics: The process the Townships (ie Gerrish and Lyon) have chosen to pay for the sewer project is called a "Special Assessment District". (SAD) They are using a Michigan Law entitled "Public Improvements", PA 188 of 1954 (the technical label). You can read this law here:
The townships have said they will choose a section of this law that allows the township boards to initiate the SAD without public initiative (ie no prior vote or petition, they just vote to do it). This path only allows a very limited time and procedure if the owners of the lots in the SAD want to have any say as to whether the project is actually done, how much it will cost, and how it will be paid for. If lot owners do not take advantage of this limited procedure, they will permanently lose any ability to decide or influence the project. In short, the township boards can do whatever they want without consulting lot owners. The townships are claiming that this petition is "misleading", but what they are omitting from that argument is that IF you want a say on this project, then there is only one path provided by law, and that is to send in an objection petition. The townships clearly do NOT want a vote on this project.
Bottom Line: The ONLY way a lot owner can have any say in the $115 Million Sewer Project is to sign and submit a 20% objection petition prior to the first PA 188 public meeting. The only result of this petition (if successful) is to require the townships to consult the lot owners, and mandates that the township boards determine that at least a majority of the lots owners want to proceed. Otherwise, the townships are free to do whatever they want.
This is exactly what PA 188 says about the 20% petition:
"If written objections are filed as provided in subsection (1) <<the 20% petition>>, or if the township board requires a petition before proceeding, the township board shall not proceed with the improvement until there is filed with the board a petition" ...." "by the record owners of land constituting more than 50% of the total land area in the special assessment district as finally established by the township board. "
Whether a lot owner ultimately favors or opposes the Sewer Project, the 20% objection petition guarantees that lot owners have a voice in the project. Unless the township boards vote to mandate a 50% for petition, OR the 20% objection petition is successful, THEN the boards do NOT have to obtain approval from a majority of lot owners.
Important note: A lot owner does NOT have to be a resident/voter. Any documented lot owner can file a petition.
How to submit a 20% objection petition: PA 188 is clear on how this is to be done. Simply providing your name, signature and address to the Gerrish or Lyon Township board with a statement that you oppose the formation of the Sewer Project SAD is sufficient.
Note that signing this petition does NOT stop the project, it simply reserves your right to have a say in the project. The only way the project will stop is if the towns decide not to proceed, and/or ultimately fail to get over 50% support via petition.
Please visit the Higgins Lake United website. "A Grassroots Effort to Find Ways to Improve the Water Quality of Higgins Lake"
www.higginslakeunited.org
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Gerrish/Lyon Township Sewer Project Written Objection
I/We, the undersigned, as owners of land in the Special Assessment District (SAD), in accordance with MCL 41.721 et seq (also known as PA 188 of 1954), object to the sewer project as planned by the Gerrish or Lyon Townships (circle one). I want to have a say in the project. I request that the GLUA be required to have more than 50% of the property owners in the Special Assessment District (SAD) give their approval for the sewer project before proceeding forward with the project as set forth in MCL 41.723 Section 3(3)(a).
If I have previously submitted a petition in favor of the proposed sewer project, I hereby rescind that petition in favor of the proposed sewer project and submit this written objection instead.
Signature: _______________________________ Printed name: __________________________________
Address: _________________________________________________________ Dated: _________________
Signature: _______________________________ Printed name: __________________________________
Address: _________________________________________________________ Dated: _________________
Property located in ________________ Township, Roscommon, Michigan.
NOTE: Signatures of ALL property owners must be included to make the written objection valid. If property is in a trust, the written objection must be signed by all Trustees and state “Trustee” behind your signature.
Mail to:
Higgins Lake United (we will deliver written objection to the township for you)
PO Box 941
Roscommon, MI 48653-0941
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Please provide us with your contact information so that we can update you with information from time-to-time:
Email address: _________________________________________ Phone number: _________________________________________
We have made great progress in our opposition to the GLUA proposed sewer project. Please consider donating to our cause. If we are successful, your donation may save you hundreds of dollars each year.
You may donate by mailing a check payable to Higgins Lake United or through the following GoFundMe link:
https://gofund.me/46f57bbf
Thank you