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                    MARION TOWNSHIP BOARD OF TRUSTEES

                                     FEBRUARY 13, 2003 @ 7:30 PM

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

MEMBERS ABSENT:         None

OTHERS PRESENT:          None

 

 

CALL TO ORDER

Bob Hanvey called the regular meeting of the Marion Township Board to order at 7:32 p.m.

PLEDGE TO FLAG

APPROVAL OF AGENDA

Dan Lowe added Musial item of business to the end of the agenda. 

Sue Lingle motioned to approve the amended agenda of February 13, 2003.  Dave Hamann seconded. 

 Motion carried 5-0.

CALL TO PUBLIC AGENDA ITEMS ONLY:

None

APPROVAL OF MINUTES

Regular Board Meeting—January 9, 2003

Myrna Schlittler motioned to approve the minutes of the Marion Township Board of Trustees meeting 

on January 9, 2003 as written.  Dave Hamann seconded.  Motion carried 5-0.

Ways & Means Meeting—February 11, 2003

Sue Lingle motioned to approve the minutes of the Ways & Means meeting on February 11, 2003 as 

written.  Dave Hamann seconded.  Motion carried 5-0.


OLD BUSINESS

None

NEW BUSINESS

CHARTER COMMUNICATIONS

Presentation was given by Ed Madden and Steve Pozil from Charter Communications reviewing their 

history, future ventures, and their mission to service their customers. The fifteen-year franchise 

arrangement with Marion Township and Charter Communications expires next year and they would like 

to renegotiate to continue to serve Marion Township.

CALL TO PUBLIC

Horace Cole—918 Francis Road:  Mr. Cole would like to know how new the cables are in this area.

Mr. Madden responded that cables are replaced when they are bad and most in this area were replaced 

in 2001.  He further explained that the cable must be of good quality to bring broadband service to homes. 

Mr. Cole stated he has been having trouble for several months with certain channels being blacked out. 

 Mr. Madden stated he would like to get Mr. Cole’s address and investigate his concerns.

The Board advised Mr. Madden to speak with Mr. Klebba, Township Consultant, to negotiate the new

 franchise agreement.

DPW BILLS

Myrna Schlittler motioned to approve payment of the Pollard & Albertson bill in the amount of $1,225.00 

and the Detroit Edison bill in the amount of $4,973.82, totaling $6,198.82.  Dave Hamann seconded.

 Roll call vote: Schlittler, Hanvey, Lowe, Hamann, and Lingle—all yes.  Motion carried 5-0.

PLANNING COMMISSION REAPPOINTMENT

Myrna Schlittler motioned to approve the reappoint of Debra Wiedman-Clawson to the Planning

 Commission.  Sue Lingle seconded.  Motion carried 5-0.

ZBA REAPPOINTMENTS

Sue Lingle motioned to reappoint Jack Lowe to the Zoning Board of Appeals.  Dave Hamann seconded.  

Motion carried 5-0.

Sue Lingle motioned to reappoint Dan Rossbach to the Zoning Board of Appeals. Dave Hamann seconded.

Motion carried 5-0.

FRANCIS ROAD MANHOLES

Bob Hanvey suggested the Board approve the purchase and installation of the plastic fixtures for two

manholes on Francis Road.  Installation to be completed in the spring of this year.

Dan Lowe motioned to approve the purchase and installation of two fixtures for two manholes on Francis 

Road.  Myrna Schlittler seconded.  Motion carried 5-0.

TOWNSHIP HALL ADDITION

Myrna Schlittler motioned by resolution to approve the Township Hall addition.  Dave Hamann seconded.

Roll call vote: Schlittler, Hanvey, Lowe, Hamann, and Lingle—all yes.  Motion carried 5-0.

ZONING AMENDMENTS

Section 8.02 (F) 1 Minimum Lot Area (SR District)

a.      No building or structure shall be established on a parcel less than 32,670 square feet (0.75 acre).

b.      A building or structure with public sewer may be established on a parcel of not less than 20,000 square

 feet providing the frontage of said parcel is not on a major thoroughfare.

Discussion

Sue Lingle stated she felt that the phrase “interior or approved private road” should not be replaced by 

“major thoroughfare” and that the original phrase should be given a better definition.  She feels that allowing

 the ordinance to read “not on a major thoroughfare” will create unfavorable looking lot sizes and houses.

 The Planning Commission suggested that Marion Township agree with the Livingston County’s definition 

of a major thoroughfare, currently being D-19, Coon Lake Road and Pingree. The adoption of the county’s 

definition allows the amendment not to be rewritten as roads are added to this list.

Dave Hamann motioned to adopt the amendment change to Section 8.02 (F) 1 a. and b. Dan Lowe 

seconded.  Roll call vote: Lingle-no, Schlittler-no, Hamann-yes, Lowe-yes, and Hanvey-yes. 

Motion carried 3-2.

Schedule of Regulations: Section 7.10 (H) Minimum Lot Area

H.     A building or structure with public sewer may be established on a parcel of not less than 20,000 square 

feet providing the frontage of said parcel is not on a major thoroughfare.

Dan Lowe motioned to adopt the new Schedule of Regulations in Section 7.10 (H).  Dave Hamann

seconded.  Roll call vote: Lowe, Schlittler, Hanvey, Hamann, and Lingle—all yes.  Motion carried 5-0.

Section 6.28 Amateur Radio Towers:  Amateur Radio Towers and Antennas, Private Receiving Television

and Radio Towers in Residential Zoning Districts

                        The general purpose and intent of these regulations is to reasonably accommodate and regulate the 

establishment of amateur radio towers and antennas, private receiving television and radio towers and satellite antenna 

with a diameteand not exceeding one (1) meter or 39 inches in recognition of the public need and demand for such uses.

and technologi These regulations are intended only for free standing facilities that are not attached to existing buildings

 or residences and are subject to the following regulations: 

 1.Applicants for antenna installations under this Section shall conform to the application procedures 

 used for Accessory Uses and Structures.

 2.Towers and satellite antennas shall be permitted in rear and side yards only.

 3.Towers shall be setback from any property line a distance equal to the towers height measured from 

the base of the tower to the nearest property line.  In no case shall such a tower exceed one hundred 

(100) feet in height.  The Planning Commission may waive this required setback requirement providing 

the applicant can demonstrate with supporting engineering documentation that the fall zone for said tower

 is less than its height.  However, a tower shall be setback from the applicable property line no less than

 the required minimum setback for either a side or rear yard in the zoning district in which it is located.

Sue Lingle motioned to approve the addition of Section 6.28 in Article 6, as approved by the Planning 

Commission. Myrna Schlittler seconded. Roll call vote: Lowe, Schlittler, Hanvey, Hamann, and Lingle

—all yes.  Motion carried 5-0.

Special Use Permit: Sterling Training Center

Bob Hanvey explained this is a request to operate a horse-training center on Pingree Road.  Resident has

 been to the Planning Commission where it has been approved, with a condition that if the property was

 transferred to another owner, the new owner would need to reapply for the special use permit. Sue Lingle 

asked if the attorney had approved the condition placed on the Special Use Application by the Planning

 Commission. Myrna Schlittler motioned to approve the Special Use permit for Sterling Training Center, 

contingent upon the attorney’s review and approval.  Sue Lingle seconded.  Motion carried 5-0.

Georgetown Re-bid

The Livingston County DPW Board has approved this bid, subject to the Marion Township Board approval.

Dan Lowe motioned to accept the Tetra Tech bid to do the bid process, not to exceed $3800 and $350 for 

advertising costs.  Sue Lingle seconded.  Roll call vote: Lowe, Schlittler, Hanvey, Hamann, and Lingle

—all yes.  Motion carried 5-0.

Sewer and Water Financing

 In 1999, the Marion Township Board approved a motion requiring all developments pay up front, in cash, 

the entire sewer and water required for their project if they hadn’t been special assessed. Currently, there

 is a developer who would like to develop 15 lots and pay full payment on half of the parcels and pay for the

 remaining as the land use permits are obtained.  Bob Hanvey felt this project would be completed in less 

than 2 years and that they will have access to sewer at that time.  Subsequent Board meetings since 1999

have suggested this motion was inappropriate but has never been officially changed.

Myrna Schlittler motioned to table item for further investigation.  Dave Hamann seconded. 

 Motion carried 5-0.

Sundance Plat Extension

Sue Lingle motioned to extend Sundance Meadows No. 3 platted subdivision approval for 2 years from 

today.  Dan Lowe seconded.  Motion carried 5-0.

Highland Development

Dave Hamann motioned to authorize Bob Hanvey to negotiate, on behalf of the board, with Highland 

Development.  All recommendations will come before the Board for its approval.  Sue Lingle seconded. 

Motion carried 5-0.

Fire Policy

Bob Hanvey stated the fire policy was changed last month and, after investigation with other townships, 

the policy should be changed to one false alarm per owner per parcel. The 911 office will be contacted to 

see if they can provide the number from which the call was placed. Neighbors have placed 911 calls in the 

past, which should be considered when deciding to charge the resident. Dan Lowe motioned to table item 

until next regular meeting.  Dave Hamann seconded.  Motion carried 5-0.

Grants

Sue Lingle stated the DNR has denied the grant application for a park off of Triangle Lake Road.

 The grant was denied because only a small section of the land has been left natural and the level of 

residential income is too high.  The DNR is more inclined to approve grants in a lower income area.

Currently, the fund for the park is over $55,000, which will cover part of the park development. 

Sue Lingle would like to reapply for the DNR grant and pursue other private grants.

Dave Hamann motioned for Sue Lingle to continue finding grant opportunities for the park. 

Dan Lowe seconded.  Motion carried 5-0.

Poverty Standards for the Board of Review

Bob Hanvey stated the Michigan Township Association and Livingston County has suggested Marion 

Township abide by the Federal Poverty Standards. Sue Lingle motioned by resolution for Marion Township 

to abide by the Federal Poverty Standards for the Board of Review.  Dave Hamann seconded.

 Roll call vote: Lowe, Schlittler, Hanvey, Hamann, and Lingle—all yes.  Motion carried 5-0.

Private Road Agreements

Bob Hanvey explained a review letter was received from the attorney advising that the Wolfe Ridge Private

 Road Development is requesting that Marion Township handle any disputes regarding the Private Road 

development.  Mr. Kehoe’s letter is advising against this type of Board intervention. The Board agreed that

this type of dispute resolution will not be handled by the Board.

Musial

The Zoning Administrator wrote Mr. Musial requesting a response within 15 days. Dan Lowe would like

action to be taken if a response is not received by 15 days. Dan Lowe motioned to forward information to 

Mr. Kehoe for resolution if no response is received from Mr. Musial within 15 days. Dave Hamann 

seconded.  Motion carried 5-0.

PLANNING COMMISSION REPORT

Dave Hamann gave an overview of the last meeting of the Planning Commission.

PARKS & RECREATION REPORT

Sue Lingle gave reports of the last meetings for the Parks & Recreation Commission and Steering

Committee.

ZBA REPORT

Dan Lowe gave an overview of the last meeting of the Zoning Board of Appeals.

ZONING ADMINISTRATOR REPORT

Provided in packet.  

DPW REPORT

Provided in packet.

FOR THE GOOD OF THE TOWNSHIP

Sue Lingle advised that the Sudut court case had been dismissed by the judge.

CALL TO PUBLIC

Philip Westmoreland is present on behalf of Orchard, Hiltz, & McCliment, Inc., a civil engineering firm 

based in southeast Michigan. They are a mid-size firm of 200 people and serve municipal clients. 

 Recently, he met Sue Lingle at the Michigan Township Association meeting. He is present to introduce 

the firm and state they are interested in moving their operations to the west and begin servicing clients in 

Livingston County.  Mr. Westmoreland distributed information packets to the Board.

TREASURER’S REPORT

Provided in packets.  Sue Lingle stated items paid in January totaled $86,206.34.

Myrna Schlittler motioned to accept the Treasurer’s Report and payments made totaling $86,206.34. 

Dave Hamann seconded.  Motion carried 5-0.

ADJOURNMENT

Dave Hamann motioned to adjourn at 9:35 p.m.  Myrna Schlittler seconded.  Motion carried 5-0.