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       Board of Trustees

 Agenda and Draft Minutes

                  Thursday, January 14, 2010

Call to Order

Pledge of Allegiance

Members Present/ Members Absent

Call to the Public

1.      Approval of Agenda  

2.   Consent Agenda

a.) Approval of December 10, 2009 Regular Meeting Minutes

b.)    Approval of December 10, 2009 Informational Meeting Minutes

c.)    December 15, 2009 Planning Commission Report

d.)    Burnham & Flower Insurance Invoice ($43,043)

e.)    Goodman Law Group Invoice ($4,200)

f.)     Assessing Report

g.)    Complaint Form

h.)    DPW Report

i.)      Treasurers Report

j.)      Zoning Report

3.      Triangle Lake SAD Public Hearing  

Click on this link to read the comments received by the

 Township as of 1-11-2010.   

 The comments opposed to the special assessment represent less than 7% of the land area.

 4.      Caverly’s REU’s

5.      Poverty Exemption Guidelines

6.      Advisory Committees Reassessment

7.      SEMCOG Membership

8.      Marion Township Park #2

9.      Darakjian

10.  Marion Oaks

11.  Employee Pension Plan

12.  Fire Department Lease

Correspondence/ Updates:

      Pending Litigation

      Marion Retail Center

      Monday Night Extended Hours

      Tornado Siren

    *Next Meeting- February 11, 2009

    Call to the Public


                                    Draft Minutes


MEMBERS PRESENT:               Bob Hanvey , Paula Wyckoff , Scott Lloyd, Les Andersen , Travis Hodge, Tammy Beal, and Dan Lowe

 MEMBERS ABSENT:                 None



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



The board members introduced themselves. 




Les Andersen motioned to approve the agenda.  Travis Hodge seconded.  Motion carried 7-0.


Scott Lloyd asked if quotes had been requested from other insurance companies.  Dan Lowe said he had some questions on the Burnham & Flower invoice as well.  That item was moved to agenda item #13.  Paula Wyckoff motioned to approve the consent agenda as amended.  Tammy Beal seconded.  Roll call vote:  Lowe, Lloyd, Beal, Hanvey, Wyckoff, Andersen, Hodge—all yes.  Motion carried 7-0.


Bob Hanvey opened the public hearing for the Triangle Lake SAD .

Patricia Brand, 2637 Rubbins, was present to thank the board on behalf of the TLPOA.  She said the quality of the lake is directly related to weed management, and approximately 75% of the property owners bear the financial burden, yet 100% receive the benefits.

Kim Preston, 2661 Rubbins, said she agrees with Ms. Brand, but is concerned about what happens if the weed management company raises the rates.  Mr. Hanvey said the residents would work with the township to resolve issues.

Louis Gehringer, 1456 Triangle Lake Road , asked the board to go over the procedure.  He also said many of the property owners are out of town and have submitted letters.  Mr. Hanvey said the letters are included in the packets and have been posted on the website.  Bob Hanvey explained the procedure and the options.  Owners of more than 20% of the property can stop the process.  If the SAD is created, a second public hearing is held with the same notification procedure.  The notice of the hearing on the roll will be published in the local paper with parcel numbers, and the complete roll is available for review at the township hall.  Those wishing to protest have to file written notice with the township prior to the end of the hearing.  They then have 35 days after the roll is approved to file an appeal with the Michigan Tax Tribunal.  An annual redetermination of the SAD can be done without another hearing.  The state allows a 10% increase without a public hearing; over 10% requires a public hearing.  Mr. Hanvey referred to Mr. DiMarzo’s letter with concerns about multiple lots.  The township generally assigns one share for owners with contiguous lots. 

Pete Filpansick from Lake Pro was present on behalf of the company that provides the weed management services.  He said they are fully licensed and insured.

Chris Floyd, 2653 Rubbins, said that Mark Benedetti sent a letter to property owners prior to the township’s letter, including those out of town, so the property owners were informed.

Dan Lowe said he’d like the township to just stick to funding and let the property owners deal with the specifics.

Gary Hajdyla, 2997 Rubbins, is concerned that owners with multiple parcels will have to pay more.

Bob Hanvey closed the public hearing at 7:53 p.m.

The objections received only totaled approximately 7%.  There were 20 property owners present at the meeting.

Tammy Beal motioned to adopt a resolution, as presented, to create the Triangle Lake Aquatic Weed Management Special Assessment District.  Les Andersen seconded.  Roll call vote:  Wyckoff , Hodge, Hanvey, Lloyd, Beal, Andersen, Lowe—all yes.  Resolution passed 7-0.

Les Andersen motioned to adopt a resolution to schedule a public hearing on the roll on February 11, 2010 at 7:30 p.m.  Scott Lloyd seconded.  Roll call vote:  Beal, Andersen, Hodge, Wyckoff , Lowe, Hanvey, Lloyd—all yes.  Resolution passed 7-0.

                                     Triangle Lake Comments  


Dan Lowe provided some background information to the board members.  He feels that, based on the usage of a similar business in the area, Mr. Caverly should only be required to have the one REU he already has.  Mr. Caverly has agreed to put a meter on the water and it can be reassessed by the board if the usage is more.  Bob Hanvey said he’s never really been satisfied with the chart.  Scott Lloyd motioned to suggest that Roy Caverly should only be required to have one REU; the usage will be monitored for one year from the date the business opens, and can be reassessed if usage exceeds 1 ˝ REUs.  Les Andersen seconded.  Motion carried 7-0.


Tammy Beal motioned to postpone action on this item until the February meeting.  Paula Wyckoff seconded.  Motion carried 7-0.


Les Andersen motioned to keep the advisory committees intact.  Tammy Beal seconded.  Motion carried 7-0.  An item to approve committees and officers will be added to the February 25 agenda.


Dan Lowe motioned that the township not join SEMCOG.  Les Andersen seconded.  Motion carried 7-0.


Tammy Beal provided the board members with information on insurance related to the skating rink.  After discussion, the board decided to leave the rink as is.  Travis Hodge added that the gazebo looks great.


Bob Hanvey updated the board members on this item.  Dan Lowe said he believes Mr. Brockway is still interested in the property.


Bob Hanvey updated the board members on this item.  Dan Lowe asked about Hometown and Mr. Hanvey said there are 45 lots that will probably be up for sale, similar to the 25-acre parcel the township bought.  Mr. Hanvey said the developer is exempt from dues on the 45 lots.  The title hasn’t cleared yet on the 25-acre parcel; should be another month or so.


Bob Hanvey asked the board members to consider reducing the amount contributed to the pension plan for a savings of approximately $25,000. 


Bob Hanvey asked the board to consider relieving the Howell Area Fire Authority of its lease payment for this year.  The lease is approximately $23,000-24,000. 


Scott Lloyd asked if other quotes were received.  Dan Lowe said he’s concerned that the coverage on the pump stations puts all of the value on the building rather than contents.  He said it should be the contents that are insured; the buildings are minimal cost.  Tammy Beal will verify this with Larry Clever (AI #1).  Mr. Lowe also said the township should get rid of the ozone station.

Les Andersen motioned to pay the Burnham & Flower invoice for $43,273.  Tammy Beal seconded.  Roll call vote:  Hanvey, Lowe, Wyckoff , Beal, Lloyd, Hodge, Andersen—all yes.  Motion carried 7-0.


Bob Hanvey said the January 16 Planning Commission meeting has been cancelled.

There is mediation on January 21 for Herren.  Bob Hanvey and Les Andersen will attend.

Mr. Hanvey said we are waiting on scheduling for Chestnut.

The Highland issue is progressing through the Court of Appeals.

Bob Hanvey said he spoke with George Jappaya of Marion Retain Center , who said he gave the bill to his insurance company.

The township’s new hours took effect on January 4.

The tornado siren on Pinckney Road is up, but doesn’t have power yet.

Paula Wyckoff provided copies of minutes from the December Parks & Recreation meeting.

The next board meeting is scheduled for Thursday, February 11; packets will be ready after 3:00 p.m. on Thursday, February 4.




Tammy Beal motioned to adjourn at 8:45 p.m.  Travis Hodge seconded.  Motion carried 7-0.