MARION TOWNSHIP  BOARD OF TRUSTEES

AGENDA AND DRAFT MINUTES

                                         Thursday, April 24, 2008

Call to Order

Pledge of Allegiance

Members Present/ Members Absent

Call to the Public

1.      Approval of Agenda  

2.   Consent Agenda

All items listed are considered to be routine by the Board and will be enacted by one motion. There will be no separate discussion of these items unless a Board member or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.

a.)    Approval of April 10, 2008 Regular Meeting Minutes

b.)    Clark Hill Invoice for $1,738.00

      3.   HAPRA Meetings

4.      Brent Drive Special Assessment

5.      Love’s Creek/Sesame Drive Special Assessment

6.      ZBA Case #06-07 Herren

7.      ZBA Case #01-07 Marquardt

8.      Musson Hills Cemetery Property

9.      2008 Marion Township Road Projects

10.  Parking Lot Bids

11.  Zoning Enforcement Procedures

Correspondence/ Updates

     Proposed Budget

For the Good of the Township

Call to the Public

Adjournment

                                                     DRAFT MINUTES

MEMBERS PRESENT:               Bob Hanvey , Dave Hamann , Tammy Beal , Les Andersen , Travis Hodge, and Dan Lowe

MEMBERS ABSENT:                 Paula Wyckoff

OTHERS PRESENT:                  Annette McNamara , Zoning Administrator

                                                Phil Westmoreland , OHM                                                                                         

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CALL TO ORDER

Bob Hanvey called the meeting to order at 7:00 p.m.  

PLEDGE TO THE FLAG

MEMBERS PRESENT/ABSENT

The members of the board introduced themselves.

CALL TO THE PUBLIC

None.

APPROVAL OF AGENDA

Dave Hamann motioned to approve the agenda as presented.  Travis Hodge seconded.  Motion carried 6-0.

CONSENT AGENDA

Les Andersen motioned to approve the consent agenda.  Travis Hodge seconded.  Roll call vote:  Hamann, Lowe, Beal, Hanvey, Andersen, Hodge—all yes.  Motion carried 6-0.

HAPRA MEETINGS

Bob Hanvey announced that two meetings will be held at Marion Township hall next month.  On Tuesday, May 13, HAPRA will hold its regular meeting.  On Wednesday, May 14, the public is invited to attend a workshop meeting for the HAPRA master plan.

LOVE’S CREEK/SESAME DRIVE SPECIAL ASSESSMENT PUBLIC HEARING

Bob Hanvey said a resolution to approve the roll will be presented at the next board meeting.  Items to be decided are which tax bill to put the levy on, what date to start collecting interest, and selection of a vendor.

Cindy Alesso, 4045 Love’s Creek, asked about the difference in the interest.

Scott Lloyd asked how the assessment would be divided up.  Bob Hanvey said it would be based on property owner for contiguous areas. 

Bill Neuendorf, 2845 Sesame, said he thought it would be best to put the assessment on the summer tax bill because there’s less interest.

Mr. Hanvey said any objections must be filed in writing within 35 days from the next meeting when the roll is approved.  The criteria for the snow removal was discussed, and that should be worked out with the vendor when selected.

Cindy Alesso asked about emergency culvert repair.  Mr. Hanvey said the township’s attorney recommended that should not be included.

ZBA CASE #06-07—HERREN

Mr. and Mrs. Herren were present, along with their attorney, Abby Cooper from Cooper & Riesterer. 

Bob Hanvey said there are two issues before the board:  the rear yard setback and the ratio of accessory building to principal residence exceed what the ordinance allows.  The board members discussed what remedies were available.  Ms. Cooper stated that the Herren’s will remove the portion of the structure that encroaches on the neighboring property.  The adjacent parcel is in foreclosure and the redemption period is over in October or November.  At that time, the Herrens hope to purchase a portion of the property. The ZBA hasn’t given its decision on the variance request.  Dan Lowe said the Herrens should have the exact measurements of what they will remove from the building prior to the next ZBA meeting.  The Herrens will provide a map with the revisions and recalculations.  The zoning administrator will verify what the ordinance required in May 2004.

BRENT DRIVE SPECIAL ASSESSMENT PUBLIC HEARING

Bonnie White was present for this agenda item.  Bob Hanvey said Brent Drive is different from Love’s Creek/Sesame Drive because it also includes dust control and grading.  There is no dual ownership on Brent Drive so it will be assessed at one share per parcel.  They also need to decide which tax bill to collect on and when the interest should start.  Mr. Hanvey said he will attend the Tuesday meeting with the residents.  A resolution to approve the roll will be presented at the next board meeting.  Contracting with a vendor shouldn’t be done prior to that date.

ZBA CASE #01-07—MARQUARDT

Bob Hanvey said he and Tammy Beal visited the site this week.  Mr. Hanvey questioned whether there is an additional violation because the accessory structure is taller than the principal structure.  Dan Lowe asked whether Mr. Marquardt received the notice to appear before the board.  Annette McNamara said the notice was sent via certified mail and she didn’t receive the card or the letter back.  Mr. Hanvey said Mr. Marquardt appeared to be home when they visited the site.  Ms. McNamara will try to deliver another request to appear before the board at its May 8 meeting.

MUSSON HILLS CEMETERY PROPERTY

Bob Hanvey said the revised proposed budget enclosed in the packet reflects a correction in expenditures, and funding for purchase of the land would be available.  The possibility of putting a columbarium at Harger Cemetery was discussed.  Travis Hodge motioned to adopt a resolution to offer Charles Musson $50,000 for the two-acre parcel adjacent to Harger Cemetery .  Les Andersen seconded.  Roll call vote:  Hodge, Hanvey, Hamann, Beal, Andersen, Lowe—all yes.  Resolution passed 6-0.

2008 TOWNSHIP ROAD PROJECTS

The Livingston County Road Commission accepted the proposal from the township and the contracts have been signed.   Les Andersen said they have started marking the utilities on Cedar Lake Road .

PARKING LOT BIDS

Phil Westmoreland said he has specs and will measure this weekend.  He asked for the board’s guidance on what to include.  Dan Lowe said the City of Howell used a process that should be investigated.  Mr. Westmoreland will contact the city for more information.  The board said the target price should be around $10,000.

ZONING ENFORCEMENT PROCEDURES

Bob Hanvey said he attended the last Planning Commission meeting and asked if any members would be interested in reviewing the township’s policy on enforcing the zoning ordinance.  He asked board members if they had any interest.  Les Andersen said he would be interested if only to make sure enforcement isn’t used inappropriately.  Jack Lowe said he feels there is a lack of cooperation from the attorney.  Mr. Hanvey said two members of the Planning Commission expressed interest.  Les Andersen and Travis Hodge said they would be interested.  Dan Rossbach from the ZBA will ask Larry Fillinger if he’s interested.  Dan Lowe asked for an update on the Lover property.  Mr. Hanvey said the township will pursue this with the attorney on Friday or Monday.

CORRESPONDENCE/UPDATES

Bob Hanvey said the budget has been submitted to the allocation board.  The budget hearing will be held in June.

Tom Kizer has asked the township to replace the fence that was removed for road improvements.

Dan Lowe gave an update on the Witt property and progress with the drainage.  He is waiting for a proposal from the Livingston County Drain Commission for replacing the tile.  Mr. Lowe asked Mr. Westmoreland about the drainage from the school’s property.  Mr. Westmoreland said he will look into it.

FOR THE GOOD OF THE TOWNSHIP

Dan Lowe said he felt it was inappropriate for the township employees to accept lunch from Mr. Van Gilder.  Bob Hanvey said the suggestion to stop progress with Premier Farms until the situation is resolved is the best approach.  Les Andersen said the DEQ may take action if pictures are sent to them.

CALL TO THE PUBLIC

Charlie Musson thanked the board for its decision to purchase his property.

Les Andersen said the township should prefer a multiple year lease for the 10 acres of property for farming if we are not going ahead with a park right away.

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 8:40 pm .  Les Andersen seconded.  Motion carried 6-0.