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                             MARION TOWNSHIP

                       JANUARY 8, 2004


MEMBERS PRESENT:            Bob Hanvey, Sue Lingle, Dan Lowe, Myrna Schlittler and Dave Hamann

MEMBERS ABSENT:                      None

OTHERS PRESENT:                    Mike Kehoe, Township Attorney (part of meeting)                                    



Bob Hanvey called the meeting to order at 7:33 p.m.



Bob Hanvey asked the township Board members to introduce themselves.


Bob Hanvey asked to have the Norton Road paving payments under Old Business, and pay requests

from the architect and builder.  Dave Hamann motioned to approve the agenda as amended. Sue 

Lingle seconded.  Motion carried 5-0.


Mike Boss, Boss Engineering, asked if the Board is considering reviewing the fee schedule and

payments for sewer taps. Mr. Hanvey said yes, he would like to make that part of the general review of

the sewer and water ordinance. His suggestion is for a pro ration of the payment, with half up front and

half when the land use permit is issued. This review of the ordinance will be done within the next month

or so. 


Board of Trustees, December 11, 2003

Sue Lingle motioned to approve the minutes of the December 11, 2003 meeting as presented.  Dave

Hamann seconded.  Motion carried 4-0 (Myrna Schlittler abstained.)

Special Board of Trustees Meeting, December 22, 2003

Dave Hamann motioned to table this item.  Sue Lingle seconded.  Motion carried 5-0.

Ways & Means Meeting, January 5, 2004

Sue Lingle motioned to approve the minutes of the January 5, 2004 Ways & Means meeting.  Dave

Hamann seconded.  Motion carried 4-0 (Dan Lowe abstained.)


St. Onge Rezoning

Mike Boss, Boss Engineering, was present to follow-up on additional information the township had requested. This

included information from the Livingston County Road Commission (LCRC), and what the existing zoning would

permit versus the proposed zoning (sketches submitted).  Mr. Boss said without repeating the entire thing, because

everyone is very familiar with the request, he feels it boils down to two issues.  The township master plan clearly

designates this area for the zoning requested—that’s not in question.  What is in question breaks down to two issues,

one being whether Francis Road is adequate for this zoning, and is there adequate sewer and water for the proposed

zoning.  Mr. Boss read from the comprehensive master plan that “residential developments of greater density will be

allowed in the mixed urban area.”   “…the adequacy of the roads, sewers, water, storm water, police and fire services

will be the controlling factors as to the maximum density of the development permitted.”  The issues of sewers and

roads are site plan review issues.  In support, Mr. Boss also referred to the township planner’s review letter for this

proposal.  The planner’s review stated, “the proposed rezoning is consistent with the existing land use patterns found in

the general location of subject request.  The proposed rezoning would be in harmony with the existing zoning pattern

that would be east, south and west of the subject site.  The proposed rezoning request is in keeping with the township

master plan and the planned land uses that have been adopted by the township. The proposed rezoning and potential

resultant land use would provide an excellent land use buffer from the I-96 corridor to the north and from the

commercial zoning and development located to the west.”  The planner also included the caveat that “this rezoning

recommendation does not imply that the attached site plan for a proposed attached condominium project meets the

requirements of the township zoning.  The Planning Commission need only consider the proposed rezoning and the

potential uses allowed in the UR district.  If the subject site is rezoned to UR, the applicant will need to submit for both

site plan approval and special use.”  Mr. Boss said what he is asking for is a zoning issue, and the issues of roads,

sewers, density, etc. are special use and site plan issues.  There are two alternatives for access that could be pursued if

the rezoning is granted:  one is access to a private road easement and the other is the paving of Francis Road. A cost

analysis has not been done.  Mr. Boss added that he provided a copy of an easement agreement granted to Mr.

St.Onge to ensure access to a paved road.  In conclusion, Mr. Boss stated that if the township board will just look at

the zoning issue and the master plan, this is the proper zoning for this parcel.

Call to the Public

Dave Smith, 328 Francis Road:  Mr. Smith said that no place on the south side of that property is it zoned Urban

Residential.  The UR is all to the southeast, north, but there’s no place south of there. 

Tom Beauvais, Fox Ridge Drive:  Mr. Beauvais believes strongly that someone has the right to develop his or her

property and government should not get involved, unless it’s to the detriment of the community.  In this particular case,

the only detriment he can see is the paving of Francis Road.  The Forest either has or will have 75 homes, and there’s

been quite a deterioration of Francis Road in the past year.  Mr. Beauvais said he has talked with the LCRC about

paving Francis Road, and because of the cost (approximately $1 million per mile), it wouldn’t happen.  Mr. Beauvais

doesn’t feel that Schroeder Park Drive should be the only access.  Mr. Beauvais would like the board to consider

some means of paving Francis Road.  Any more traffic on Francis Road at this point would be detrimental to the

people who currently live there.

Horace Cole, Francis Road:  Mr. Cole said that at the last meeting Mr. Boss stated that Francis Road would only

be paved to the entrance of the new site and that concerns him.  Also, he asked Mr. Boss to clarify his statement that

the south, east and west is all the same zoning.  Mr. Boss said the planner’s letter said, “…the proposed rezoning

would be in harmony with the existing zoning pattern that would lay east, south and west of the subject site.”  Mr. Boss

said the road easement that was granted to Mr. St. Onge would come out to D-19, not Schroeder Park.  Mr. Boss

said that the property contiguous on the south and west corner is the same zoning being requested.  The Forest,

although zoned SR, has lots smaller than allowed in UR, because it’s an open space development.  He believes that is

what the planner means by “patterns.” 

Tom Beauvais, Fox Ridge Drive:  Mr. Beauvais asked Mr. Boss to clarify his statement that the access road to the

development runs north and south off of Francis Road.  Mr. Boss said the alternative access easement runs between

the church and the old Marion House. 

Horace Cole, Francis Road:  Mr. Cole pointed out that the LCRC survey indicated Francis Road is the highest

traveled gravel road in the township.  Mr. Hanvey said that Cedar Lake Road is close, and both Cedar Lake Road

and Francis Road are limestone. 

Sandy St. Onge, 693 Francis Road:  Ms. St. Onge said she counted cars from 7:00-9:00 am the previous day and

there were 25 cars leaving Francis Road.  Between 5:00-8:00 (pm?), she counted 35.  That’s not a lot of traffic.

Kyle Smith, 1104 Elk Run:  Mr. Smith asked where he could find a legal description of the easement. Mr. Hanvey

said at the Register of Deeds office.

Tom Beauvais, Fox Ridge Drive:  Mr. Beauvais asked if they wanted access to this development off of Francis

Road, under the current zoning and regulations, the road would have to be paved?  Mr. Hanvey said yes. 

Denise and Glenn Mitchell, 710 Francis Road:  Mrs. Mitchell asked Mr. Boss if he would be absorbing the cost

of paving.  Mr. Boss said he wasn’t prepared to answer that.  Of the two choices, the Francis Road access is probably

 first. If the developer picked up the entire cost of paving, it wouldn’t go beyond the development.  However, if enough

 interest could be generated in the area, an SAD could be set up, with the developer being the major contributor. 

Tom Beauvais, Fox Ridge Drive:  Mr. Beauvais said he and his neighbors have discussed paving Fox Ridge Drive.

Many people want it paved, but they don’t want to do it if Francis Road isn’t paved.  Mr. Hanvey asked if Fox Ridge

is a private road.  Mr. Beauvais said yes.

Mr. Hanvey asked Mr. Boss if the access from Schroeder Park Drive were to be utilized, that doesn’t mean a second

entrance wouldn’t be made at The Forest. Mr. Boss said a second access would be there, but it wouldn’t be

considered the main entrance. 

Dan Lowe stated he believes a second entrance would be required based on the number of units.  Dave Hamann said

if it stayed private, they would need a variance for the distance and a variance for the number of units on a private road.

Myrna Schlittler asked Mike Kehoe, township attorney, whether a special assessment could be put on a county road.

Mr. Kehoe said it takes an entirely different process than the township has dealt with in the past.  Mr. Boss said he has

worked a number of SADs through the LCRC and depending on how they consider the value, they will even contribute

engineering costs for the design and supervision of having the road built. On rare occasions, they have contributed funds,

but they do contribute services. 

Sue Lingle asked Mr. Kehoe if access if through a private road, isn’t permission required from all parties?  Mr. Kehoe

said it could get real sticky.  Someone along the private road might argue that they’re trying to extend the grant of the

easement, but because the easement’s established as a private road, that’s one of the factors that would be looked at.

They would also look at the legal description of the various properties that would benefit from the private road.

Ms. Lingle said with a private road, there is also a maintenance agreement.  She wonders who would be responsible for

the maintenance and upkeep of the road.  Mr. Boss said Mr. Adler’s attorney has some concerns about that, and he

would not ever propose a road until he got the owners of the road to agree to a permanent maintenance agreement.

Tom Beauvais, Fox Ridge Drive:  Mr. Beauvais said according to the township’s attorney, the existing property

owners would have to give written permission in perpetuity for the easement. 

Ms. Lingle asked to have the letter that the township just received from Mrs. St. Onge read into the record. 

Denise Mitchell, 710 Francis Road:  Mrs. Mitchell asked if all letters received would be read into the record.

Mr. Hanvey indicated previous letters had already been made part of the Planning Commission’s record, and he wasn’t

sure they needed to be read again.  Mr. Kehoe said they did not need to be read again.

Mr. Hanvey read the letter from Mrs. St. Onge (copy attached). 

Dave Hamann motioned to deny the request for rezoning application #3-03 for tax codes #4710-01-300-030, 031,

032 for the following reasons:

1.       The eight items referenced in the Planning Commission recommendation of denial from the minutes of the                                                                                  

       regular meeting of October 23, 2003 at 7:30 p.m., page 4 of 7.

      2.       The large amount of negative feedback from public hearing referenced in minutes dated October 28, 2003 at

             7:15 p.m. and the concerns from local residents.

      3.       LCPC staff recommendation of disapproval with the following comments:  “Although the proposed UR

             zoning is consistent with UR zoning at the southeast corner of D-19 and Francis Road, it is inconsistent with

             the zoning immediately adjacent to the site.  The UR zoning request is also inconsistent with the guidance

           recommendations of the Marion Township Comprehensive Plan due to the inadequacy of the access road to

           this proposed site development.  Residential development of various forms are still a viable option for this site

           under the current SR zoning and development can be planned in a manner where residences are sited away

           from steep slopes and wetlands on-site.”

     4.       The build-out analysis completed by the County Planning Department used the existing zoning in the proposed

            sewer service district and this analysis showed that the number of potential users with the existing zoning

           closely matches the projected total capacity of the Howell City sewer plant allocated to Marion Township.

          Rezoning this property to UR would present an opportunity for future development that would upset the

           balance between demand and available capacity.

Sue Lingle seconded the motion.  Discussion:  Ms. Lingle said this is a very touchy subject.  In a way, it could be UR.

She has great fear of having something pushed on to the township that would require others in the area to have a

special assessment. 

Mr. Hanvey clarified that the motion is to deny the request, so a yes vote is to deny.

Roll call vote:  Dan Lowe, Myrna Schlittler, Bob Hanvey, Sue Lingle, Dave Hamann—all yes.  Motion carried 5-0.

Mr. Hanvey explained that according to the township ordinance, the application can be resubmitted in 12 months or

if conditions change before 12 months, it can be resubmitted. 

Mr. Boss asked if the motion was written and distributed prior to the meeting.  Ms. Lingle said it wasn’t distributed.

Mr. Boss said the record keeper has a copy.  Mrs. Mitchell said Mr. Lowe has a copy.  Mr. Boss asked how a

motion could be made after hearing public comment and distribute it before the meeting occurs.  Mr. Hanvey said the

motion was available prior to the meeting.  Ms. St. Onge asked whether the decision was made prior to the meeting.

Mr. Boss said not the decision, but the motion.  Ms. Lingle said she often writes up her motions prior to the meeting.

Mr. Hamann said the motion was only given to the record keeper.  Mr. Boss said that Mr. Hanvey indicated he also

read it.  Mr. Hanvey clarified that he was referring to reading his notes.  Mr. Hanvey said this was not something the

board took lightly, and is possibly one of the most painful issues that the board’s been faced with. Ms. Lingle assured

Mr. Boss that the board members had no knowledge of how the other board members would vote.

Ms. Lingle said one of her concerns is the slope on the property that is a natural barrier between what is currently

there and what the SR is.  If it was zoned UR beyond that, it would continue east. 

Mr. Hanvey said one of the things that struck him in Mrs. St. Onge’s letter was that she said the board shouldn’t listen

 to people outside the township. Of the various people who have supported this, there was no one within the township.

Mr. Boss said 10 people talked at the public hearing, 7 of 10 were new residents, and 4 live in exactly the same type of

community.  Mr. Boss said the reasons the board has used to deny the rezoning are inappropriate.

Horace Cole, Francis Road:  Mr. Cole said he was one of the 10 people, and he’s lived at his residence since 1965

Mr. Boss said that Mr. Cole is one of the 3 longer-term residents. Mr. Hamann said that’s noted in the PC minutes. 

Mr. Boss said he believes the township has jeopardized its own Master Plan by denying this rezoning.

Sandy St. Onge, 693 Francis Road:  Ms. St. Onge asked if she could get a copy of Mr. Hamann’s motion through

the Freedom of Information Act (FOIA).  Mr. Kehoe said a written request must be filed.  Ms. St. Onge asked if

Mr. Hamann was opposed to her looking at it.  Mr. Hamann said no.  Ms. St. Onge provided the clerk with a written

request and was given a copy of Mr. Hamann’s motion to read.

OHM Agreement

A copy of the township attorney’s comments has been given to OHM and it’s being reviewed. Phil Westmoreland

thought the agreement would be ready next week. Sue Lingle motioned to table this agenda item.

Dave Hamann seconded.  Motion carried 5-0.

Litter Ordinance

Sue Lingle motioned to table this agenda item.  Dan Lowe seconded.  Motion carried 5-0.

Fire Authority Budget & Amendments

The fire authority requires that the township board approve the amended budget and next year’s budget.

Sue Lingle motioned to approve the budget amendments for fiscal year 2003-04.  Myrna Schlittler seconded.

Roll call vote:  Dave Hamann, Sue Lingle, Bob Hanvey, Myrna Schlittler, Dan Lowe—all yes.  Motion carried 5-0.

Myrna Schlittler motioned to approve the proposed budget for fiscal year 2004-05.  Sue Lingle seconded. 

Roll call vote:  Dan Lowe, Myrna Schlittler, Bob Hanvey, Sue Lingle, Dave Hamann—all yes.  Motion carried 5-0.

Mr. Hanvey said there would be an amendment presented to the township to alleviate the need to do this in the future

because the fire authority will no longer be funded from the General Fund, but will be funded from millage money.

Norton Road Repairs

The Norton Road committee, comprised of Jack Lowe, Dan Lowe, Tom Klebba, Phil Westmoreland, and Bernie O’Brien from

Allied, met and it was decided to have the repairs done.  Bids will be obtained for milling and the work will be done in the

spring.  Mr. O’Brien asked the township to pay half of the bill, $6,200, as good faith money. Dan Lowe motioned to approve

$6,200 invoice for Allied Construction for the Norton Road project with the understanding that repairs will be completed by

June 1.  If not completed by June 1, the township will take the remainder of the original invoice amount to pay for repairs, to

be completed to specifications provided by the township engineer.  Myrna Schlittler seconded.  Roll call vote:

Myrna Schlittler, Bob Hanvey, Sue Lingle, Dave Hamann, Dan Lowe—all yes.  Motion carried 5-0.

Zoning Administrator

Annette McNamara presented the board with a corrected copy of the handout she had previously provided. 

Myrna Schlittler motioned to increase the Zoning Administrator’s wage by $2 per hour, effective January 1, 2004. 

Sue Lingle seconded.  Roll call vote:  Bob Hanvey, Myrna Schlittler, Sue Lingle, Dave Hamann, Dan Lowe—all yes.

Motion carried 5-0.

Permission to Use Parking Lot

Tom Klebba had requested to use the township parking lot as a testing site for driver licenses. The township attorney

suggested there might be a problem with allowing a private company to use township facilities for private revenue.

The attorney would like to investigate further.  Mr. Hanvey hopes to have this item resolved prior to Mr. Klebba’s return

from vacation.   Sue Lingle motioned to table this item.  Dave Hamann seconded.  Motion carried 5-0.


Sue Lingle motioned to increase the mileage rate to 37.5 cents to remain consistent with the IRS guidelines. 

Dave Hamann seconded.  Roll call vote:  Dave Hamann, Myrna Schlittler, Sue Lingle, Bob Hanvey, Dan Lowe—all yes.

Motion carried 5-0.

Final Pay Request—Georgetown

Mr. Hanvey said the request is the final pay request for the contractor, not for Tetra Tech. The general contractor

has completed the work.  The total amount is $11,002.64.  The new bottom line total (excluding the pump) is

$82,936.40. They’ve already been paid $71,933.  Dan Lowe asked if the problem with too much pressure has been

resolved.  Mr. Hanvey said to his knowledge, the problem hasn’t occurred again.  Jack Lowe stated his concerns

that it’s not operational.  Mr. Hanvey said a field test was conducted, and OMI accepted the results.  Jack Lowe

also had concerns about the amount charged for clean and grub, and whether the work was done to an acceptable

level. Myrna Schlittler motioned to approve the final pay request for Davis Construction for the Georgetown pump station

installation. Sue Lingle seconded. Roll call vote:  Dan Lowe, Myrna Schlittler, Bob Hanvey, Dave Hamann, Sue Lingle—

all yes.  Motion carried 5-0.

Klebba Replacement

Dan Lowe motioned to contract with Joe Vellardita to monitor the new building addition at the rate of $30 per hour.

Sue Lingle seconded.  Roll call vote:  Dave Hamann, Myrna Schlittler, Sue Lingle, Bob Hanvey, Dan Lowe—all yes.

Motion carried 5-0.

Multiple Users on One Meter

Mr. Hanvey said Mrs. Rodrigues has a duplex structure that was built prior to the installation of the water line.

The structure was not set up for two meters.  The plumbing is in the concrete.  The township sewer and water

ordinance provides an allowance for this type of situation. Dan Lowe moved by resolution to allow the Rodrigues

property to operate on a single meter and to refund the cost of the second meter.  Dave Hamann seconded.

Roll call vote:  Bob Hanvey, Sue Lingle, Myrna Schlittler, Dave Hamann, Dan Lowe—all yes.  Motion carried 5-0.

Discussion:  Ms. Lingle had a question on the billing.  She feels the property owner should pay the two service fees. 

Mr. Hanvey suggested that Ms. Lingle handle that administratively with the DPW Coordinator.

Sewer & Water Rate Increase for 2004

Ms. Lingle prepared a handout for the board.  She is suggesting a 3% increase for water, which would increase the amount

to $7950, and a 3% increase for sewer, which would increase the amount to $9,270.  Mr. Hanvey indicated that he didn’t

feel it should be raised. Ms. Lingle said that any time there is an expansion, today’s dollar isn’t going to be the same ten

years from now, and this is somewhat in line with the cost of living increases. Dan Lowe said absolutely not, it’s not

necessary. It’s been raised enough and we’ll worry about the expansion when the time comes. Mr. Lowe feels at the very

least, the township accountant should review this item.   Dan Lowe motioned to have Ken Palka, township accountant,

review and make recommendations on this item.  Sue Lingle seconded.  Motion carried 5-0.

Discussion:  Mr. Hamann would like to understand how an expansion would be funded in the future based on those

economics.  You can’t go back to any of the SADs.  Would it be raised to whatever the number of REUs divided by what it

would cost to expand the plant?  Mr. Hanvey said that’s one way, but that would require some assumed number of REUs,

and the township doesn’t have that information now.  The township has a contract that allows it to deliver 3400 REUs,

which is 3400 times 260 gallons per day to the plant. There are two more payments on the balance to get to 3400 REUs.

The full build-out is projected to be very close to what the SR/UR zoning sewer service district would be. The cost of

increasing the plant to that capacity is a number that can’t be predicted; even harder to predict is when this will be needed. 

Jack Lowe asked if the township accountant had ever made a presentation to the Board on this issue.

Architect and Builder Pay Requests

Bob Hanvey questioned line item 5 (demolition) and item 30 ($8,250 for Phase 2 work).  The architect has approved

payment as requested by the contractor. Sue Lingle indicated the township has paid $176,000+ and this is the third pay

request. Dan Lowe motioned to table this item for further clarification, and hold a special meeting on Tuesday,

January 13, 2004.  Dave Hamann seconded.  Motion carried 5-0.  Mr. Hanvey will contact the builder on Monday to get

additional information for the Tuesday meeting. Dan Lowe motioned to approve the architect pay request for $385.

Myrna Schlittler seconded.  Roll call vote:  Dave Hamann, Sue Lingle, Bob Hanvey, Myrna Schlittler, Dan Lowe—all yes.

Motion carried 5-0.


Dave Hamann said the Planning Commission held a public hearing on December 15 for Darakjian rezoning #7-03. 

At the regular meeting, Jim Barnwell from Desine Engineering brought up several issues regarding Sundance and

Wolf Ridge.  A special meeting for January 12, 2004 was set for Cascade Development.  A public hearing was set for

February 3, 2004 at 7:00 p.m. for Gronow’s rezoning #8-03, provided payment for the meeting is paid in advance.


Sue Lingle said the Parks & Recreation meeting will be held on Tuesday, January 13, 2004.




No meeting was held in January.


Provided in packets. 


Provided in packets.  


Dan Lowe mentioned Tom Klebba’s letter in the Livingston County Daily Press & Argus regarding dead animal removal. 

Sue Lingle said a resident on Sexton Road suggested a volunteer clean-up day in the township to clean up roadsides.

Mr. Hanvey said the township should provide safety guidelines.  Mr. Hamann said that Jack Lowe offered to contact the

Livingston County Jail.




Sue Lingle indicated that bank statements hadn’t been received yet due to the holidays.  Expenses for the month of

December were $165,716.07. Dave Hamann motioned to accept the treasurer’s report with expenses of $165,716.07.

Myrna Schlittler seconded.  Motion carried 5-0.


Dave Hamann motioned to adjourn the meeting at 9:30 p.m.  Sue Lingle seconded.  Motion carried 5-0.