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                                 MARION TOWNSHIP

             AGENDA and DRAFT MINUTES

                           April 14, 2005  

 

CALL TO ORDER:

MEMBERS PRESENT:  

MEMBERS ABSENT:

CALL TO THE PUBLIC:

APPROVAL OF AGENDA: April 14th, 2005    

APPROVAL OF MINUTES FOR:

Approval of March 10, 2005 Regular Board Minutes

Approval of April 11, 2005 Ways & Means Minutes

OLD BUSINESS: 

         1. Hometown Garage Entrances and Setbacks

         2. Approval of Bond Sale  

            a) Authorizing use of Surplus Funds to Defease

                  b) Approving the Undertaking to Provide Continuing Disclosure

                  c) Award Resolution

         3. Radick Show Cause  

         4. Marion Township Roads

         5. REU's for the High School

         6. Eagle REU's

         7. Hall Policy                    

NEW BUSINESS:

         1. Clark Hill Invoice

         2. Michigan Emergency Management

         3. Resolution Opposing State Senate Bill 220

         4. 2005 Census

         5. Township Charge Card

         6. Employee Expense Procedure

         7. Garden Club Funding

         8. Irrigation REU

Planning Commission Report

Parks & Recreation Report

ZBA Report

Zoning Administer Report

DPW Report

Treasurer's Report

For the Good of the Township

Call to the Public

Adjournment

                             DRAFT MINUTES

 

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

MEMBERS ABSENT:     None

OTHERS PRESENT:     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 THE PUBLIC

Charlie Musson, 333 Triangle Lake Road :  Mr. Musson asked the board to consider chloride for the roads.

APPROVAL OF AGENDA

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

APPROVAL OF MINUTES

Board of Trustees Regular Meeting, March 10, 2005

Dave Hamann motioned to approve the minutes as presented.  Tammy Beal seconded.  Motion carried 5-0.

Ways & Means Meeting, April 11, 2005

Sue Lingle motioned to approve the minutes as presented.  Dave Hamann seconded.  Motion carried 5-0.

CALL TO THE PUBLIC

Bruce Love, 2876 Cedar Lake Road :  Mr. Love said it was decided at the last election to have two more trustees.

Mr. Hanvey said they would be elected at the general election in 2006.  Mr. Love said he doesn’t want them at $7,500 a

piece, because then there’s $30,000 worth of trustees.  Mr. Hanvey said they’re a valuable asset to the board. 

OLD BUSINESS

Hometown Village Garage Entrances and Setbacks

Kevin Wilson from Delcor was present to request a revision to the PUD agreement for Hometown Village of Marion.

The current models have side-entry garages with a 30’ front setback.  The new Craftsman model has a front-load

garage and would require a 22’ front setback from the back of the sidewalk, or 36’ from the back of the curb. 

Dan Lowe motioned to revise the Hometown Village of Marion PUD agreement to allow the Craftsman model to have a

36’ front setback from the back of the curb to the front of the garage, not to exceed 25% of the homes in the total project.

Tammy Beal seconded.  Motion carried 5-0.

Approval of Bond Sale

Peter Ecklund from Axe & Ecklund, Marion Township ’s bond counsel, introduced himself.  A bond sale was held 

for $13,525,000, which is a refunding bond issue on behalf of the township.  It refunds two of the township’s

outstanding bonds:  one from 1997 for sanitary sewer, and one from 1999 for both sewer and water. This will save 

the township approximately $927,000 in true interest cost.  Mr. Ecklund is requesting the township board approve

three resolutions: 

The first resolution is to authorize use of surplus funds to defease in part the Livingston County-Marion Sanitary Sewer

System No. 1 Bonds, Series 1997A and the Livingston County-Marion Sanitary Sewer System No. 1 and Water Main

Extension Bonds, Series 1999.  Sue Lingle asked if the interest that’s going to be charged to the residents includes the

1% administration fee.  Mr. Ecklund said it does.  Tammy Beal moved by resolution to authorize use of surplus funds to

defease in part the Livingston County-Marion Sanitary Sewer System No. 1 Bonds, Series 1997A and the Livingston

County-Marion Sanitary Sewer System No. 1 and Water Main Extension Bonds, Series 1999.  Sue Lingle seconded. 

Roll call vote:  Dave Hamann , Sue Lingle, Bob Hanvey , Dan Lowe, Tammy Beal—all yes.  Resolution passed 5-0.

Sue Lingle motioned to approve the resolution to approve the undertaking to provide continuing disclosure by the Township

of Marion. Tammy Beal seconded.  Roll call vote:  Dan Lowe, Dave Hamann , Tammy Beal, Sue Lingle,

Bob Hanvey —all yes.  Resolution passed 5-0.

Sue Lingle motioned to approve the resolution to award the bonds to J.P. Morgan as specified in the document. 

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

Resolution passed 5-0.

Radick Show Cause

Bob Hanvey indicated the bids for sound testing arrived yesterday.  Phil Westmoreland said he’s waiting for another

bid from Memtech.  Both companies have said that putting equipment out there for 30 days may not be the most

accurate way to do this.  The recommendation is to have a person on site in four-hour increments and they can

definitely tell what’s making noise and where it’s coming from.  Mr. Westmoreland is waiting to hear from the

Radick’s attorney. Tammy Beal motioned to have the assistant zoning administrator contact the Radicks and inform them

of the board’s motion to have the four-hour test started within 10 days.  Sue Lingle seconded.  Motion carried 5-0. 

Township Roads

Bob Hanvey said Dan Lowe and Dave Hamann will attend a Livingston County Road Commission (LCRC) meeting on

Saturday.  Mr. Hanvey is meeting with them on Friday.  One of the short-term issues is whether the township should start

applying dust control as soon as possible.  Tammy Beal provided a bid from Dave Barr for brine.  The board discussed the

benefits of brine versus chloride. 

John Green, 4500 Hinchey:  Mr. Green asked if any studies have been done on brine and chloride and which is more

corrosive to vehicles.  Dan Lowe said the brine is 30% and chloride is 38%.  The brine is supposed to be less harmful. 

Tammy Beal motioned to have Dave Barr do the first application of brine as soon as possible for the entire 38 miles of road.  

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

Motion carried 5-0.

In regard to road repairs, the township has done some investigation on Cedar Lake Road. In the budget starting in July, it

appears the township could spend as much as $200,000 and still have money for everything else. That’s not enough to fix

Cedar Lake Road. One approach might be to look at the gravel roads that need work such as Sexton near Peavy. One of

the issues that need to be clarified is what the LCRC uses for its criteria when selecting roads, and what the township gets

as part of the regular maintenance.  Dan Lowe said possibly some ditching could be done on Cedar Lake Road . 

Bruce Love, 2876 Cedar Lake Road : Mr. Love said he’s lived on Cedar Lake Road for 75 years. It was ditched about

53 years ago and it hasn’t been ditched since then. Last fall, some ditching was done on Cedar Lake Road and the road

is in good condition.  Mr. Love is suggesting that the township should try to get the ditches put on Cedar Lake Road . 

Next year, the township can start doing something to it. 

John Green, 4500 Hinchey:  Mr. Green said Vines off of Cedar Lake Road is also a bad spot. 

Mr. Hanvey said the township needs to get prices and suggested a special meeting be held next week.  He suggested

making Cedar Lake Road and Davis Road priorities. 

REUs for High School

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

Eagles REUs

Bob Hanvey said he thinks the township could move the water REUs from the Eagles to the school. The Eagles have

45 REUs more than they need. The billing isn’t available yet for the first quarter. Dave Hamann motioned to table this 

item until the first quarter bill is available.  Tammy Beal seconded.  Motion carried 5-0.

Hall Policy

Sue Lingle motioned to adopt the township hall policy as presented at the March meeting. There will be no fee for the key.  

Dave Hamann seconded.  Motion carried 5-0.

NEW BUSINESS

Clark Hill Invoice

Dave Hamann motioned to pay the Clark Hill invoice for $4,400.  Dan Lowe seconded.  Roll call vote:  Dave Hamann ,

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

Michigan Emergency Management

Bob Hanvey is requesting the board to authorize the township to join this group to provide funding for any major disasters or

equipment that’s brought in from the outside.  The Howell Area Fire Authority belongs and each township should also

belong individually.  Dave Hamann asked if there was any cost.  Mr. Hanvey said no.  Dave Hamann motioned that the

township join the Michigan Emergency Management Assistance Compact. Sue Lingle seconded. Motion carried 5-0.

Resolution Opposing State Senate Bill 220

Tammy Beal explained there is a bill that says that townships will have no jurisdiction over shooting ranges. The bill states

that a sport shooting range is exempt from any noise ordinances or regulations of a local unit of government. Dan Lowe

made a resolution to oppose State Senate Bill 220, which would exempt gun ranges from local noise ordinances or

regulations. Sue Lingle seconded. Roll call vote:  Bob Hanvey —yes; Dan Lowe—yes; Dave Hamann —no; Sue Lingle—yes;

Tammy Beal—yes.  Resolution passed 4-1.

2005 Census

Sue Lingle motioned that the township not participate in a special census for 2005.  Dave Hamann seconded. 

Motion carried 5-0.

Township Charge Card

Bob Hanvey is requesting the township get a charge card that will facilitate the disposal of excess equipment on eBay or

another auction site.  The county is also starting an auction site.  A charge card and a bank account are required to do that.

Dan Lowe motioned to authorize the supervisor and/or clerk to obtain a charge card and separate bank account for disposal

of excess equipment on auction sites.  Dave Hamann seconded.  Motion carried 5-0.

Employee Expense Procedure

Bob Hanvey suggested that this should be discussed with the township accountant and/or attorney. Dan Lowe motioned to

table this item.  Tammy Beal seconded.  Motion carried 5-0.

Garden Club Funding

Sue Lingle said the Garden Club meets next week. The club wants to amend the soils in front of the building and redoing

the center area. Dave Hamann motioned to authorize the Garden Club to replenish landscaping for an amount not to

exceed $500.  Tammy Beal seconded.  Roll call vote:  Dave Hamann , Sue Lingle, Bob Hanvey , Dan Lowe,

Tammy Beal—all yes.  Motion carried 5-0.

Irrigation REU

Bob Hanvey said the issue is whether the township should be charging the same REU fee for irrigation service as is

paid for household service.  There isn’t a policy clearly in place, but the practice has been to charge substantially less

for an irrigation REU.  It might be more appropriate to charge the same fee as a household REU because the irrigation

REUs tend to boost up the usage of system during the time of the year when the usage is highest, therefore contributing

toward the maximum size of the plant.

Sue Lingle motioned to increase irrigation REUs to correspond with household REUs .  Dave Hamann seconded.

Motion carried 5-0.

Maintenance Bids

Sue Lingle motioned to approve the bid from Shepp’s Tree Service for tree cutting in the three cemeteries for $4,775,

leaving log portions on site.  Dave Hamann seconded.  Roll call vote:  Dan Lowe, Tammy Beal, Bob Hanvey, Dave Hamann,

Sue Lingle—all yes.  Motion carried 5-0.

Sue Lingle motioned to approve the bid from Wilson & Sons as the low bidder for lawn service.  Dan Lowe seconded.

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

Joint Meeting

Bob Hanvey indicated a joint meeting would be held on Monday, May 16 with the Township Board, Planning

Commission and Zoning Board of Appeals.  Agenda items include a presentation by John Enos from Carlyle/Wortman

and private roads.  No motions or decisions will be made at this meeting.

425 Agreement

Information is included in the packets. The City Council has approved the application for annexation. The process for

handling special assessments still needs to be worked out.     

Preliminary Budget

Bob Hanvey provided a budget summary handout for July 1, 2005-June 30, 2006. 

PLANNING COMMISSION REPORT

Dave Hamann reported that the Planning Commission held three meetings since the last board meeting.  A workshop on

private roads was held on March 14.  Public hearings and the regular meeting were held on March 22. Another workshop on

private roads was held on April 11. 

PARKS & RECREATION REPORT

Provided in packets.  Sue Lingle asked the board members to read the Howell Area Parks & Recreation Authority

Articles of Incorporation so they are prepared to vote at the May meeting. 

ZBA REPORT

Dan Lowe reported that the ZBA met on April 4.  A variance was approved for the Eagles sign, Spruce Run was

granted a variance for the number of lots, and the variance request from Fred Brown was tabled.

ZONING ADMINISTRATOR REPORT

Provided in packets.

DPW REPORT

Provided in packets.  

TREASURER’S REPORT

Dave Hamann motioned to approve the treasurer’s report with expenses of $168,869.85.  Tammy Beal seconded. 

Motion carried 5-0.

FOR THE GOOD OF THE TOWNSHIP

Bob Hanvey reported that the township attorney suggested that Frank Lover wants to meet with members of the board

at his excavation site.  Dan Lowe said he’s not interested in a site visit.  Sue Lingle asked if the township has a court

order regarding Mr. Lover’s site.  Bob Hanvey said yes. 

Bob Hanvey also said the township has been invited to meet with representatives from Landtec. 

CALL TO THE PUBLIC

Bruce Love, 2876 Cedar Lake Road :  Mr. Love said the audience can’t hear what the members of the board are

saying because the microphones don’t work.  Mr. Hanvey explained the microphones are used for recording the

meeting.  Mr. Love also asked who the zoning administrator is.  Bob Hanvey said Annette McNamara .  Mr. Love

would like the zoning administrator to visit the parcel at Coon Lake Road and Pingree where there are two horse

trailers and a number of cars without license plates.  Mr. Love said it’s the supervisor’s job to look for these types of

violations. 

ADJOURNMENT

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