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                                 MARION TOWNSHIP

                   AGENDA AND DRAFT MINUTES

                        January 13, 2005  

 

CALL TO ORDER:

MEMBERS PRESENT:  

MEMBERS ABSENT:

CALL TO THE PUBLIC:

APPROVAL OF AGENDA:       

APPROVAL OF MINUTES FOR:

OLD BUSINESS:    

            Act 425 (Intergovernmental Conditional Transfer of property by

                       Contract)

       Peavy Force Main

       Northern Materials (TT&G) site

       Lucy Road Maintenance

       Land Use Permit Policy

       Emerald Ash Borer

       Carlisle/Wortman Contract

      Sewer Rate Study

          OHM Maps Approval 

       Allied Construction Invoice

       Sexton/Peavy/Keddle Road Petition                                 

NEW BUSINESS:  

       Section 6.07 Accessory Structure Language

       Abend Show Cause Hearing

       Striler Show Cause Hearing

       Clark Hill Invoice

       LCRC (Road improvement; where will funds be directed)

       Request for the High School to Hook up to Sewer and Water

       Fire Authority Budget for 2005

       Resolution of Indemnification

       Cost of Mileage

      Snow Removal

      Land Division

PLANNING COMMISSION REPORT

PARKS & RECREATION REPORT

ZBA REPORT

ZONING ADMINISTRATOR REPORT

DPW REPORT

FOR THE GOOD OF THE TOWNSHIP

CALL TO PUBLIC:  

TREASURER’S REPORT

ADJOURNMENT:              

                          

MEMBERS PRESENT:  

Bob Hanvey , Sue Lingle, Dan Lowe, Dave Hamann , and Tammy Beal

MEMBERS ABSENT:                 

None

OTHERS PRESENT:  

Mike Kehoe , Township Attorney (part of meeting)

Phil Westmoreland, OHM, Township Engineer                                            

*******************************************************************************************************

CALL TO ORDER

Bob Hanvey called the meeting to order at 7:30 p.m.  

PLEDGE TO FLAG

BOARD MEMBERS PRESENT

The board members introduced themselves. 

CALL TO PUBLIC

Larry Sefton, 1172 County Farm :  Mr. Sefton asked about the hours of operation for the Northern 

Materials gravel pit.  Mr. Hanvey said the proposed change is from 8:00 am-1:00 pm on Saturday, and

7:00 am-5:30 pm during the week.  Mr. Sefton said the website indicated 7:00 am-7:00 pm weekdays.

Mr. Hanvey said that’s incorrect and will be changed.

APPROVAL OF AGENDA

Sue Lingle motioned to approve the agenda as amended. Dave Hamann   seconded.  

Motion carried 5-0.

APPROVAL OF MINUTES

Board of Trustees Regular Meeting, December 9, 2004

Dave Hamann motioned to approve the minutes as presented. Tammy  Beal seconded.  

Motion carried 5-0.

Board of Trustees Special Meeting, December 20, 2004

Dave Hamann motioned to approve the minutes as amended.  Sue Lingle seconded.  

Motion  carried 5-0.

Ways & Means Meeting, January 10, 2005

Dave Hamann motioned to approve the minutes as presented.  Sue Lingle seconded.  

Motion carried 5-0.

OLD BUSINESS

Northern Materials

Bob Hanvey asked the township attorney, Mike Kehoe , and Northern Materials’ attorney, 

Raymond Feul, to discuss the draft consent order provided in the board packets. Mr. Feul 

said a draft proposed order was sent to Mr. Kehoe, who made revisions.  A couple of other 

minor changes were made.  This would permit an order to be entered with the court that would

dispose of the lawsuit, including the counterclaim against the township, and would rely on the

soil and erosion plan that’s already been approved by the board, as well as the proposed 

development plan.  Both of these plans will be attached as exhibits.  Mr. Hanvey added that 

the project would proceed as any other normal project would once excavation is complete.  

Mr. Feul said that is correct, and it provides for a bond.  Mr. Hanvey also said the fence has 

been put up.

Larry Sefton, 1172 County Farm :  Mr. Sefton said there is no fence on the south side. 

Mr. Hanvey said as soon as this is approved, the south side is going to be where 

they will start doing the restoration work.  The agreement calls for excavation and

restoration to be going on simultaneously. Mr. Sefton asked what is meant by 

restoration.  Mr. Hanvey asked Glen Caverly to explain.  Mr. Caverly said grading the 

slopes; there’s no more mining to be done on the south side.  Mr. Sefton said that’s \

the truck entrance and there’s a lot of noise.  Mr. Caverly clarified the area that 

Mr. Sefton was asking about, along County Farm .  Mr. Caverly said there wouldn’t be 

any grading there yet.  Mr. Sefton said he would like to see them get away from that 

corner. Mr. Caverly said they couldn’t get away from the corner until the pit is done, 

because that’s where the county approved the driveway to be.  Mr. Sefton asked 

about the time frame. Mr. Hanvey said the only restriction in the agreement is that the

whole excavation project be completed within three years. Mr. Hanvey also informed 

the residents that once this order is signed, a copy could be obtained through the 

courts. 

Mr. Kehoe said the one modification that was requested is on page 5, and will read 

as follows:  IT IS FURTHER ORDERED that the Defendants may pursue and 

undertake such excavation and mining operations and activities including, but not 

limited to, removal of trees, earth moving and grading that is not inconsistent with 

the proposed Grading and Soil Erosion plan attached hereto as Exhibit A. 

Sue Lingle motioned to authorize Mike Kehoe and Tom Meagher to execute the 

consent order as revised, contingent upon execution by opposing counsel. 

Dave Hamann seconded.  Roll call vote:  Bob Hanvey , Sue Lingle, Tammy Beal, 

Dan Lowe, Dave Hamann —all yes.  Motion carried 5-0.

Act 425

A letter from Shea Charles, Howell city manager, is provided in the packets. 

Mr. Hanvey said no action is required from the board at this point; however, this would

be an excellent time to ask Mr. Kehoe any questions. Mr. Hanvey also said one of the

items not in the letter is that the city has apparently agreed to waive the tap fees on 

the sewer for the development, but not on the water. It may be in the township’s best

interest to arrange some sort of agreement whereby the water and sewer are at some

point removed from that project and transferred somewhere else with the condition

that there be no cash flow damage done to the township and there’s no extraordinary 

expenses in maintaining and monitoring this transfer. 

Gary Riser, 860 Lucy Road :  Mr. Riser asked what exactly is happening with this 

property.  Mr. Hanvey said the most recent proposal that was made to the city is for

the company known as Highland to change the plan from a manufactured home park 

to attached condos.  There would eventually be approximately 300-500 units over the

 next several years.  The proposed loop road that at one time was going to go out to

Lucy Road as the only outlet has been proposed to be changed so that the major 

outlet will be to National Street and there will be another paved road that will exit on

Lucy Road .  The proposal is to close the railroad crossing at Lucy Road . 

Dan Lowe asked if the sewer taps would be dealt with later.  Mr. Hanvey said he and 

Ms. Lingle attended a meeting with Shea Charles and Terry Wilson, and it seems that

 they are looking at this as two separate issues. The annexation is separate from the

resolution of the special assessment situation.  Mr. Lowe asked Mr. Kehoe if the 

township loses its leverage once the property is annexed.  Mr. Kehoe said he doesn’t

 believe so, although he’s still in the process of looking at the finer details of the 

process.  Mr. Hanvey said one of the interesting provisions of the 425 agreement is 

that Public Act 425 provides for a sharing of revenue between the two units of 

government for a 30-year period.  When the agreement was written, the township 

millage was 1.28 mils, and that’s the millage rate that the development will be paying

on, even though the township’s current millage rate is .84.  This would provide an

increase in tax revenue for 30 years.  Mr. Lowe asked if they were delinquent on their 

assessments, would that make it harder for the township to do anything.  Mr. Kehoe

said the consequences should remain the same, but he will check further.

Allied Construction Invoice

A draft letter to Allied Construction is provided in the board packets regarding the

Norton Road repairs.  Mr. Kehoe suggested that the amount of the refund also be 

included in the letter.  Sue Lingle motioned to authorize township clerk to send the 

letter to Allied Construction.  Dan Lowe seconded.  Motion carried 5-0.

AT&T/Cingular Lease

A packet of information is included in the board packets.  Dan Lowe motioned to table this

item until next month.  Tammy Beal seconded.  Motion carried 5-0.

Peavy Force Main

Phil Westmoreland from OHM discussed the options for the Peavy force main. 

There is a Panhandle gas line nearby with a cathodic protection system, which 

prevents that pipe from rusting.  It appears that this cathodic protection system, 

which is within feet of the township’s ductile iron force main, is eroding the force 

main.  One option is to do nothing and continue to make repairs, although that will 

be expensive.  Mr. Westmoreland believes a break will happen again within another

year or two.  Another option is to replace the force main with plastic pipe using a 

method called pipe bursting.  A third option would be to weld anode bags on the 

pipe, which is relatively inexpensive.  Dan Lowe suggested directional boring.  

Mr. Westmoreland said directional boring and pipe bursting is approximately the 

same cost. Dan Lowe motioned to have Phil Westmoreland of OHM provide a 

proposal. Tammy Beal seconded.  Motion carried 5-0.

NEW BUSINESS

Howell Schools Request for Sewer/Water

Rick Terres from Howell Public Schools was present to request water and sewer service for 

the new high school, which will be complete in the fall of 2007.  Mr. Hanvey said the details

involve the engineering specifications and the number of REUs .  Mr. Hanvey said the township

would install a service lead as opposed to a sewer main.

Dan Lowe motioned to table until written opinions are received from both attorneys. 

Tammy Beal seconded.  Motion carried 5-0.

Lucy Road Maintenance

Mr. Hanvey said the township received letters from two residents of Lucy Road

requesting the board look at the maintenance situation.  Part of the issue is the 

number of residents, which is only 10 or 11 houses, versus the length of the road. 

The cost to update the road would be approximately $100,000.  That is more money

 than the township can afford for the small number of residents.  It wouldn’t be the 

best way the board could spend that amount of money.  Dan Lowe suggested that

Genoa Township should participate in paying for road maintenance given the fact 

that the businesses on Lucy Road are in Genoa Township . 

Abend Show Cause Hearing

Alan and Lisa Abend, 2741 Black Eagle Ridge, were present in response to a violation notice 

sent by the zoning administrator.  Mr. Abend provided the board members with photographs

of the structure, which he is using to store wood.  The structure has a wood floor, but no 

footings.  Mr. Abend feels this is not a structure and shouldn’t have to meet the setbacks. 

Dan Lowe motioned to have the Abends move the shed by July 1, 2005 to meet the

required side yard setback.  Tammy Beal seconded.  Motion carried 5-0.

OLD BUSINESS (continued)

Emerald Ash Borer

Mr. Hanvey said the role of the township would be to administer the project. The rules are still

being formulated. It seems that the work would exceed the benefit.  Dan Lowe motioned to 

continue to follow the progress of this project.  Sue Lingle seconded.  Motion carried 5-0.

Carlisle/Wortman Contract

Dave Hamann motioned to approve the Carlisle/Wortman contract as presented. Tammy Beal 

seconded. Roll call vote:  Dan Lowe, Tammy Beal, Bob Hanvey , Sue Lingle, Dave Hamann

all yes.  Motion carried 5-0.

Sewer Rate Study

Dan Lowe moved by resolution to change the rate to $3.50 per thousand and the flat

rate will remain the same. Sue Lingle seconded.  Roll call vote:  Dave Hamann

Dan Lowe, Sue Lingle, Tammy Beal, Bob Hanvey —all yes.  Resolution passed 5-0.

OHM Maps

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

Sexton/Peavy/Keddle Road Petition

No residents were present to discuss this item.  The petition has been received and filed. 

NEW BUSINESS (continued)

Text Amendment

After discussion by the board, Dave Hamann motioned to table this item. Sue Lingle

seconded.  Motion carried 5-0.Dan Lowe had questions about the ground floor

living space for ranches and two-story homes and felt this should be clarified.

Striler Show Cause Hearing

The property owner was not present for the show cause hearing.  Sue Lingle motioned to have

the zoning administrator pursue action against the owner. Dave Hamann seconded.  

Motion carried 5-0.

CIRAB Appointment and Report

Sue Lingle motioned to appoint John Lowe to the CIRAB Board as the Marion

Township representative.  Dave Hamann seconded.  Motion carried 5-0.

Mr. Hanvey reported that at the last CIRAB meeting, held last week, the engineer from 

Williams & Works presented some plans for attempting to resolve the odor problem at the 

sewer treatment plant.  The solutions ranged from $70,000 to about $600,000, and more 

details will be provided.  Another issue that was discussed is the need for a filter system.  

Another meeting will be held in March. 

LCRC

Dan Lowe had questions for Phil Westmoreland about tar and chip.  Dave Hamann  

suggested getting recommendations from the Road Commission. Mr. Westmoreland 

will provide supplies and prices, and define the process. 

2005 Fire Authority Budget

Sue Lingle moved by resolution to approve the 2005 Fire Authority budget. 

Dave Hamann seconded.  Roll call vote:  Dave Hamann , Sue Lingle, Bob Hanvey

Tammy Beal, Dan Lowe—all yes.  Resolution passed 5-0.

Resolution of Indemnification

Tammy Beal made the following Resolution of Indemnification of Township Officers

 and Employees:  Whereas, Public Act 170 of 1964, as amended, authorizes

indemnification of public officers and employees while acting on behalf of the 

township within the scope of their authority:  NOW, THEREFORE, BE IT 

RESOLVED that whenever a claim is made or a civil action is commenced against 

an officer or employee of Marion Township for injuries to persons or property 

allegedly caused by the officer or employee while acting within the scope of his or 

her authority, Marion Township shall pay for, engage, or furnish the services of an 

attorney to advise the officer or employee as to the claim and to appear for and 

represent the officer or employee in the action.  The Township Board may 

compromise, settle, and pay the claim before or after the commencement of a civil

action whenever a judgment for damages is awarded against an officer or employee

of the Township as a result of a civil action for personal injuries or property damage 

cause.  Dave Hamann seconded.  Roll call vote:  Dave Hamann , Dan Lowe, 

Tammy Beal, Sue Lingle, Bob Hanvey —all yes.  Resolution passed 5-0.

Mileage Reimbursement Rate

Sue Lingle motioned to increase the mileage reimbursement rate to 40.5 cents per

mile. Dave Hamann seconded. Roll call vote:  Tammy Beal, Sue Lingle, Bob Hanvey ,

Dave Hamann , Dan Lowe—all yes.  Motion carried 5-0.

Snow Removal

Sue Lingle motioned to terminate the contract with Rocky Ridge for snow removal.  

Tammy Beal seconded.  Motion carried 4-1.

Tammy Beal motioned to select Tom Rogers to provide snow removal services. 

Dave Hamann seconded.  Roll call vote: Dave Hamann , Sue Lingle, Bob Hanvey ,

Tammy Beal, Dan Lowe—all yes.  Motion carried 5-0.

Land Division Ordinance

Dave Hamann motioned to table this item. Tammy Beal seconded. Motion carried 5-0.

Consolidated School Elections

Tammy Beal said she needs approval from the board to sign a form allowing the township to

hold the consolidated school election. Sue Lingle motioned to authorize the clerk to sign the 

form for the Howell School District election.  Dave Hamann seconded.  Motion carried 5-0.

Dave Hamann motioned to authorize the clerk to sign the form for the Pinckney

School District election.  Sue Lingle seconded.  Motion carried 5-0.

Sue Lingle motioned to authorize the clerk to sign the form for LESA. Dave Hamann

seconded.  Motion carried 5-0.

Summer Tax Collection

Sue Lingle reported that the Livingston County Treasurer’s Association held a special meeting. 

Howell Schools has offered to pay $1 per parcel for summer tax collection. Up until now, 

Ms. Lingle had negotiated a price of $4.50 per parcel. Another meeting will be held next week, 

and Ms. Lingle would like the board to authorize her the ability to negotiate at that time.   

PLANNING COMMISSION REPORT

Dave Hamann reported the Planning Commission held two meetings in December.  

A workshop was held on December 13, and the regular meeting was held on 

December 20.

PARKS & RECREATION REPORT

Sue Lingle provided reports for the December and January meetings.

ZBA REPORT

Dan Lowe reported that no meeting was held in December.

ZONING ADMINISTRATOR REPORT

Provided in packets. 

DPW REPORT

Provided in packets.  

FOR THE GOOD OF THE TOWNSHIP

Bob Hanvey reported that he attended the Solid Waste Committee meeting. They 

are moving along with the challenge grant.  Electronic recycling will probably be 

done again this year.  A new feature for 2005 is selling 80-gallon composting bins 

for $20, along with instructions and training on how to use them.  Mr. Hanvey also 

attended the Natural Features Coalition meeting.  This group would like to attend the

February Ways & Means meeting to make a presentation.

CALL TO THE PUBLIC

Phil Westmoreland reported that his associate, Kristen Lundeen, is leaving OHM. 

Mr. Westmoreland also attended a recent MDOT meeting. One of the items on the list for 2007

is resurfacing and reconstruction work on the bridge of M-155, from Norton to end of route.  

OHM INVOICE

Sue Lingle motioned to pay the OHM invoice for the Peavy force main in the amount of 

$3,697.25. Dave Hamann seconded.  Roll call vote:  Dan Lowe, Dave Hamann , Sue Lingle, 

Tammy Beal, Bob Hanvey —all yes.  Motion carried 5-0.

TREASURER’S REPORT

Sue Lingle presented the treasurer’s report for December 2004, with expenses of 

$58,815.23.  Tammy Beal motioned to accept the report as presented. Dave 

Hamann seconded.  Motion carried 5-0.

ADJOURNMENT

Sue Lingle motioned to adjourn the meeting at 10:26 p.m. Dave Hamann seconded. 

Motion carried 5-0.