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   DRAFT

 

                        MARION TOWNSHIP

           BOARD OF TRUSTEES 

                APRIL 10, 2003

            

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

MEMBERS ABSENT:     None

OTHER PRESENT:         Annette McNamara, Zoning Administrator

CALL TO ORDER

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

PLEDGE TO FLAG

MEMBERS PRESENT

Bob Hanvey introduced the members of the Board of Trustees.   

APPROVAL OF AGENDA

Sue Lingle asked to include an item from the treasurer’s office asking for Board approval to refund tax bill payment 

paid in error.  Myrna Schlittler asked to have the Musial Show Cause Hearing moved to the top of the agenda. 

Dave Hamann motioned to accept the agenda as amended.  Sue Lingle seconded.  Motion carried 5-0.

MUSIAL SHOW CAUSE HEARING

Bob Hanvey asked the zoning administrator, Annette McNamara, to present the information on the Musial case. 

Ms. McNamara stated that the Board of Trustees, at its January 9, 2003 meeting, asked the zoning administrator to

contact the owner of the storage barn on Cedar Lake and Coon Lake and advise the owner that the building is for 

storage only, and there should be no outside storage of equipment.  Ms. McNamara sent a notice of violation on 

February 4, and no response was received.  The township attorney reviewed the situation and the notice for the show

cause hearing was sent.  Mr. Hanvey asked Ms. McNamara to explain the extent of the violation.  Ms. McNamara said

 Section 8.01B—conducting uses not permitted in the Rural Residential district, and 8.01 C—accessory use and 

outdoor storage, engaging in uses not typically associated with agricultural or single-family residences. 

Ron Musial, 3402 Cedar Lake Road:  Mr. Musial said that all equipment stored outside has been moved inside the 

building, with the exception of one truck.  The truck will be moved as soon as the frost laws allow.  He will try to stay in 

compliance.  Mr. Hanvey asked about activities actually taking place at the residence.  Mr. Musial said there’s 

nothing going on, no one’s doing anything.  Mr. Hanvey asked Mr. Musial to explain the nature of the operation. 

Mr. Musial said his work is installing water and sewer mains and the work takes place elsewhere. Mr. Hanvey asked 

what is done at the location.  Mr. Musial said just storage of equipment.  Mr. Hanvey asked if repairs are done on

the equipment.  Mr. Musial said yes, they repair the equipment if necessary.  Mr. Hanvey said it’s been suggested 

that the operation creates enough noise to constitute a nuisance.  Mr. Musial said until three months ago, his 

equipment was located elsewhere.  Ms. Lingle wanted to clarify that nothing was going on prior to three months ago.

Mr. Musial said as far as noise is concerned, the only noise would be between 7:00 am and 5:00 pm.  Mr. Lowe said 

he just passed by the location prior to this meeting, and there were still spools and a truck outside and looks the 

same as it has for the past six months.  Mr. Musial said there used to be six trailers outside and they have been put 

in the building.  Mr. Lowe said the spools have to be inside.

Cale Gillett, Fowlerville:  Mr. Gillett said the truck can’t be moved because of frost laws. Mr. Hanvey asked how the

truck got in there.  Mr. Gillett said it would have been moved before the frost laws. Mr. Hanvey asked what its function

is at the location?  Mr. Gillett said it has no function, it just sits there.  

Mr. Hanvey asked the zoning administrator whether outside storage of the truck complies with the ordinance.

Ms. McNamara said the ordinance doesn’t allow outside storage. 

Cale Gillett:  Mr. Gillett asked whether the complaint was verbal or written.  Mr. Hanvey said the complaint that was 

brought to the board verbally and upon investigation by the zoning administrator and board members, it was felt 

the complaint as presented was accurate.  Mr. Gillett said it is his understanding that he is allowed to know who 

filed the complaint.  Mr. Hanvey said there was no complaint filed.  Mr. Gillett wanted to know who verbally

complained.  Mr. Hanvey said if the person wants to speak up, they can.  If they choose not to, that’s also their

choice.  Mr. Hanvey asked Mr. Gillett why he wanted to know and what his involvement in this situation is. 

Mr. Gillett said he was just curious.  Mr. Hanvey asked Mr. Gillett if he was involved in the operation. Mr. Gillett 

said there is no operation there.  Mr. Hanvey asked if Mr. Gillett is involved in what’s going on at the parcel.

 Mr. Gillett said there is no operation at that parcel.  He said he is the “C” in “RC Boring” and the legal address is 

not at that parcel.  Mr. Hanvey clarified that Mr. Gillett stated he is not involved in anything on Cedar Lake Road. 

Ron Musial:  Mr. Musial wanted to clarify that the reels need to be inside the barn.  Mr. Hanvey said that anything

that would lead to the appearance of a non-residential operation isn’t allowed.  The ordinance allows farm 

equipment to be stored outside.  The equipment at Mr. Musial’s is not farm equipment. 

Cale Gillett:  Mr. Gillett asked if Mr. Anderson’s equipment is considered farm equipment that’s sitting outside? 

Mr. Hanvey said he’s not familiar with Mr. Anderson’s equipment.  Mr. Gillett said if you drive by our shop, you 

drive by his too and they’re right by the road.  They’re very noticeable.  Mr. Gillett asked if there’s a definition in the

 township between an agricultural and utility trailer.  Mr. Hanvey said no, it’s the operation at that location has to be

agricultural in order to store that type of equipment.  According to Mr. Gillett, there’s nothing going on there at all,

so there should be no equipment stored there.  Mr. Gillett wanted to know if he owns just one utility trailer, does it 

need to be stored inside?  Mr. Hanvey said yes, in the rural residential district of Marion Township. Mr. Gillett 

asked if Mr. Hanvey knows how many violators are in the township.  Mr. Hanvey said he did not.  Ms. Lingle asked

Mr. Gillett if he was part owner of the business and the business address is not at the Cedar Lake Road address, 

why the equipment wasn’t stored at the business address.  Is the business address in a light industrial or 

commercial area?  Mr. Gillett said his equipment is stored on job sites. They have very little equipment.  Ms. Lingle

said she’s seen a lot of equipment at the parcel.  Mr. Hanvey confirmed that as soon as the frost laws are lifted, 

the truck will be moved.  Mr. Gillett said yes.  Mr. Hanvey said anything that gives the appearance of being a 

non-residential operation should not be visible from the outside.

Ron Musial:  Mr. Musial said he can do that.  Ms. Lingle said the repair work should not be done on the premises.

Mr. Musial said there has never been work done at the location after 7:00 pm.  Ms. Lingle said it isn’t so much the 

time, it looks like an industrial area. 

Cale Gillett:  Mr. Gillett said the township has bigger issues than this.  Ms. Lingle said the board wasn’t discussing 

any other issues at this time.  Mr. Gillett said there are many businesses being run in the township that aren’t being 

brought up.  He feels they’re being picked on.  Mr. Gillett would like to know whom the verbal complaint was from. 

Mr. Hanvey said the board had heard his request.  Mr. Gillett said he would like an answer.  Mr. Hanvey said it was

an observation made by more than one person.Board members have seen equipment outside the pole building. 

Jeff Jones, 1636 Dutcher:  Mr. Jones wanted to know if Marion Township allows no outdoor storage whatsoever. 

Mr. Hanvey said in the residential areas, there is no outdoor storage allowed other than agricultural.

 Ms. McNamara read from the zoning ordinance that “outdoor storage of equipment and materials is limited to 

farm machinery.” 

Stan Poloski, 522 Timbermill:  Mr. Poloski asked about a truck that’s driven for work and parked in the driveway

at night. Is that allowed? Mr. Hanvey said that’s allowed. Mr. Lowe said if it’s transportation, that’s a different situation. 

Jeff Jones:  Mr. Jones asked Mr. Lowe why he was allowed to do it.  Mr. Jones said Mr. Lowe has equipment

stored outside.  Mr. Lowe said he has a Special Use Permit from the township.

Ron Musial:  Mr. Musial asked if he can apply for a Special Use Permit.  Mr. Hanvey said yes, he should contact 

the zoning administrator.

Cale Gillett:  Mr. Gillett asked how old the ordinance is?  Mr. Hamann said it’s been in effect since 1996. 

(end Call to Public)  

Mr. Hanvey restated that the resolution is that Mr. Musial agrees to move the truck when the frost laws are lifted, 

he will store the equipment inside and no noise will be created that would constitute a nuisance.  

CALL TO PUBLIC AGENDA ITEMS ONLY

None.

APPROVAL OF MINUTES

Board of Trustees, March 13, 2003:  Myrna Schlittler motioned to approve the minutes as presented. 

Dave Hamann seconded.  Motion carried 5-0.  

Special Board Meeting, February 27, 2003:  Sue Lingle motioned to approve the minutes as presented.  Dave Hamann 

seconded.  Motion carried 5-0.

Ways & Means, April 8, 2003:  Dave Hamann motioned to approve the minutes as presented.  Sue Lingle seconded. 

Motion carried 5-0. 

OLD BUSINESS  

Zoning Amendment: Section 5.05 C—Variance

This item was changed to add item #6 regarding difficulty not being solely economic. The Planning Commission

agreed and revised the wording.  Dan Lowe motioned to approve the amendment to Section 5.05 C—Variance.

Sue Lingle seconded.  Motion carried 5-0.  

Engineering Review Committee Members

Mr. Klebba asked to be removed from this committee. Sue Lingle motioned to add Cindy Hodge to the Engineering Review 

Committee and remove Tom Klebba.  Dave Hamann seconded.  Motion carried 5-0.

Township Organization Chart 

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

Lynn Gates’ Landscaping

Mr. Hanvey asked Mr. Lowe if he had an opportunity to look at the property.  Mr. Lowe said it needs some work. 

He feels hydro seed and topsoil would be best.  Mr. Lowe will work with Tom Klebba on this project.  Sue Lingle

motioned to table Gates’ landscaping until Mr. Lowe investigates.  Dave Hamann seconded.  Motion carried 5-0.

Furmanski/Scheidler Drain  

Between the two homes, there is an area that at one time was a drain, and due to the road being changed and a culvert under a

driveway, and the possible effect of the topography change, there’s more water going down faster than it used to. The Livingston

County Road Commission (LCRC)  has made major improvements in getting the drain under the driveway open and the grading

on the road has been improved.  The situation is that the water does not have a good route to get from the road down to the lake.

 The township was considering putting in a swale. One of the problems in doing that is a large tree between the two houses and the

 tree has shallow roots and the swale may put the tree at risk.  Mr. Hanvey asked Mr. Lowe the cost to take the tree down.

Mr. Lowe said probably at least $2,000.  Mr. Lowe feels there are many contributing factors and it’s the homeowners’

responsibility.  Mr. Hanvey asked Mr. Lowe if there was something the township could do that would be reasonable. Mr. Lowe

said it depends on how deep the root system is on the tree, and how deep the swale could be. Mr. Hanvey said the next step

would be to talk to the homeowners.  Mr. Lowe said if the township does the work, we should have a release of liability in case

something happens to the tree.  Mr. Klebba will be assigned the task of speaking with the homeowners. 

Dan Lowe motioned to table for further information.  Dave Hamann seconded.  Motion carried 5-0.  

NEW BUSINESS

DPW Bills

Sue Lingle motioned to approve payment of DPW bills totaling $3852.50.  Dave Hamann seconded.

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

AT&T Communication Tower Special Use Permit  

Dave Hamann summarized the Planning Commission’s action on this item. The Planning Commission reviewed

and approved.  This is a Special Use Permit for the use of the land.  Dave Hamann motioned to approve the

Special Use Permit for AT&T to construct a communication tower on the township property.  Sue Lingle seconded.

Motion carried 5-0.  

Lawn Mowing Bids

A spreadsheet was presented showing the nine bids received.  The lowest bid was from Livingston Outdoor

Services for $7800.  References were checked and no problems were found.  Dave Hamann motioned to award

the 2003 lawn service contract to Livingston Outdoor Services for a total of $7800. Dan Lowe seconded. Roll call

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

  Metro Act

A handout was presented on the requirements for the Metro Act.  All revenue must be used for road maintenance.

A staff representative needs to be appointed to coordinate the Metro Act.  Sue Lingle made a resolution to pass

the Metro Act to be eligible for funds for 2003.  Dave Hamann seconded.  Roll call vote: Bob Hanvey,

 Myrna Schlittler, Sue Lingle, Dan Lowe, Dave Hamann—all yes.  Resolution passed 5-0.

Dave Hamann motioned to appoint Cindy Hodge as the coordinator.  Sue Lingle seconded.  Motion carried 5-0.  

West Nile Virus Briefing  

Mr. Hanvey provided information from a workshop conducted by the Livingston County Health Department (LCHD).

There have been no confirmed cases in humans in Livingston County.  The county will accept dead bird reports

until one case is confirmed per zip code.  Spraying is the least effective means of controlling the virus. Sue Lingle

motioned that the township should provide information to residents.  Dave Hamann seconded.  Motion carried 5-0. 

Park Land Policy  

Myrna Schlittler motioned to establish a policy that would allow the recreation representative, Sue Lingle, to actively

pursue the investigation of parcels that would be likely locations for parks in the township.  Dave Hamann seconded

 Motion carried 5-0.  

Fire Authority Budget 

The total budget for the entire authority for the current fiscal year is $1,241,401.  Ms. Lingle said this would be for

July 2003 through June 2004; what would the township’s portion be?  Mr. Hanvey said $150,241.  If the millage

does pass, the first two or three payments would be made.  Once settlement is made in March, it would be the

 township’s last contribution from the general fund for the fire authority. Sue Lingle made a resolution to accept the

 Fire Authority Budget for fiscal year 2003-04 in the amount of $1,241,401.  Dave Hamann seconded. Roll call vote:

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

Fire Authority Millage

Sue Lingle made a resolution for the township to support the fire authority millage of 1.1 mils for 5 years.

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

—all yes.  Resolution passed 5-0.

Planning Commission Reappointment  

Sue Lingle motioned to approve Bob Hanvey’s reappointment of Jean Root to the Planning Commission.

Myrna Schlittler seconded.  Motion carried 5-0.

Sunridge Sewer and Water Policy

Jim Barnwell from Desine Engineering was present to discuss this issue. Mr. Barnwell passed out maps and gave

a brief history.  An initial sewer assessment was created in 1996.  Bids came in higher than anticipated and

additional money was needed.  In lieu of increasing the assessment amount, the sewer assessment role was

expanded. The township contacted Mr. Barnwell, Mitch Harris, Mr. Scheuner (Sr.), and Mr. Malynowski and these

 individuals came forward for approximately 400 additional REUs.  Mr. Harris and Mr. Scheuner have about

750 REUs.  The township officials at that time assured them the REUs could be moved within the district from one

 property to another in the future.  These individuals have cooperated with the township whenever they were asked

to by granting easements, etc. They need the ability to move REUs at this time and they haven’t been able to.

The township approved the PUD agreement for Sunridge.  Mr. Harris has enough REUs to serve Sunridge if the

property for The Meadows is included.  Mr. Barnwell’s understanding is that the REUs can be moved; the special

assessments cannot.  Mr. Barnwell would like the township to issue land use permits for Sunridge Phase I and

would like the township to commit to pursuing the representations from the past officials to allow transfer of REUs.

This would allow Mr. Scheuner to sell his property without the “blemish” of having an obligation for $1.3 million of

sewers that will never be used—that’s more than the property is worth.  Mr. Hanvey passed out a copy from the

Board minutes from November 22, 1999 and read:  “Howard Manson motioned not to issue land use permits for

parcel splits or subdivisions until water and sewer of said developments are paid in full, beyond what is being

currently assessed, effective immediately.  Charles Musson seconded.  This motion will be sent to legal counsel

 for review and further action.”  Roll call vote was all five members voting yes. 

Mr. Hanvey said the board agrees with everything Mr. Barnwell said.  The problem is that the documents

Mr. Barnwell passed out were notes and meetings between a township representative and the developers, and

there doesn’t appear to be board action to support these letters.  Mr. Barnwell said the PUD package contains the

information and the PUD agreements were approved.  Mr. Hanvey doesn’t know the relationship between PUD

agreements and special assessments, whether special assessment provisions can be overridden by PUD

agreements.  Mr. Hanvey suggested that while an appropriate long-term solution is being pursued, a board action

be offered to issue land use permits to allow time to resolve overall. 

  Sue Lingle motioned to authorize the township to issue an additional 95 land use permits, for a total of 99, for

Sunridge Phase I.  Dan Lowe seconded.  Motion carried 5-0.

Lowe/Red Survey  

Mr. Hanvey said that survey monuments on property on Norton Road were destroyed during sewer construction

and road reconstruction.  Rothenberger didn’t replace them.  Two are on Red’s property and one is on Lowe’s

property.  Ms. Lingle asked how much it would cost.  Bob Hanvey said the bids were from Boss Engineering

for $850-1450 and from Garlock for $1600.  Boss has the survey information for the sub and it’s already available.  

Dan Lowe motioned to have the township contract with Boss Engineering to replace three monuments on

Norton Road.  Sue Lingle seconded.  Roll call vote:  Dave Hamann, Sue Lingle, Dan Lowe, Myrna Schlittler,

Bob Hanvey—all yes.  Motion carried 5-0.

Advertisement for Hall Expansion Bid  

This bid will be published on April 13-15 in the Livingston County Daily Press & Argus. 

Deputy Treasurer Furniture  

Sue Lingle asked the board to approve $688 for purchase of furniture for the deputy treasurer’s office.

Myrna Schlittler motioned to approve purchase of furniture for the deputy treasurer. Dan Lowe seconded.

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

Georgetown Water Booster Station Bid

Eight or nine bids were received.  The low bid was from Davis for $99,500.  The county DPW has already

approved.  Once the bid is approved, a notice will be sent to Tetra Tech to start the project.  Sue Lingle motioned to

accept the bid from Davis for $99,500.  Dan Lowe seconded.  Roll call vote:  Bob Hanvey, Sue Lingle,

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

Tax Bill  

Sue Lingle said that an error was made on a tax bill sent out on a property that had been split. Tax bills were sent to

 Mrs. McNulty for both parcels, and she paid them both.  Ms. Lingle would like to refund the amount paid in error.

Myrna Schlittler motioned to refund Mrs. McNulty $76.42 for tax bill paid in error. Dave Hamann seconded. Roll call

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

PLANNING COMMISSION REPORT  

Meeting was held March 25 for final review of AT&T communication tower.  The Planning Commission approved

the site plan and the special use permit.  The final review was approved for the Marion Township Hall. The Section

5.05 C—Variance ordinance amendment was approved. The Planning Commission discussed Section 17.10

—Communication Towers and tabled for additional information.  Discussion was held on home occupation

ordinance.  Examples of checklists were reviewed for the new process for submitting a complete package to the

Planning Commission.   

PARKS & RECREATION REPORT

Sue Lingle reported that a Steering Committee meeting was held prior to the regular meeting. A survey is currently available on the

website or hard copy and hopefully, all of the board members will complete same.  The surveys are due April 19. The budget was

worked on at the regular meeting.   

ZBA REPORT  

No meeting was held in April. 

ZONING ADMINISTRATOR REPORT

Provided in packets.

DPW REPORT 

Provided in packets.

FOR THE GOOD OF THE TOWNSHIP

Mr. Hanvey said the contract was award for well plugging, and should be starting soon. With regard to dust control,

Mr. House from LCRC will help with suggestions for trying the Pentaseal.

Mr. Lowe wants to be sure the hole on County Farm Road is fixed this year.  

CALL TO PUBLIC

None. 

TREASURER’S REPORT

Myrna Schlittler motioned to accept the treasurer’s report with expenses of $58,345.38.  Dan Lowe seconded.

Motion carried 5-0.  

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 9:25 p.m. Dan Lowe seconded.  Motion carried 5-0.