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                                   MARION TOWNSHIP

                           Draft Minutes

                    BOARD OF TRUSTEES 

                MAY 8, 2003 @ 7:30 PM

MEMBERS PRESENT:  Hanvey, Lingle, Lowe, Schlittler, and  Hamann




OTHERS PRESENT:  Annette McNamara, Zoning Administrator




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



Bob Hanvey asked the board members to introduce themselves.    


Sue Lingle motioned to approve the agenda as presented.  Myrna Schlittler seconded.  Motion carried 5-0.




Board of Trustees, April 10, 2003

  Sue Lingle motioned to approve the minutes from the April 10, 2003 Board of Trustees meeting as presented.

Dave Hamann seconded.  Motion carried 5-0.

Ways & Means, May 6, 2003

Sue Lingle motioned to approve the minutes from the May 6, 2003 Ways & Means meeting as presented. 

Dave Hamann seconded.  Motion carried 5-0.




Lynn Gates’ Landscaping

Dan Lowe asked the Board to approve a dollar amount not to exceed $1500 to complete this project.  Mr. Lowe motioned to

approve an amount not to exceed $1500 for Gates’ landscaping. Sue Lingle seconded. Roll call vote: Hamann, Lingle, Hanvey,

Schlittler, Lowe—all yes.  Motion carried 5-0.


DPW Bills

Myrna Schlittler motioned to pay DPW bills in the amount of $6,355.60.  Sue Lingle seconded. 

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

Pollard-Albertson Change to Clark-Hill

Neil Goodman, formerly from Pollard-Albertson, has changed firms. Mr. Goodman is willing to continue work on

the township’s behalf.  Sue Lingle motioned to accept Clark-Hill as the new law firm for the Highland case.

Dave Hamann seconded.  Motion carried 5-0.

Ordinance Amendment:  Section 17.10—Wireless Communication Facilities

Dave Hamann gave a synopsis and indicated the Planning Commission has recommended approval. Myrna Schlittler motioned to

accept the ordinance amendment, Section 17.10—Wireless Communication Facilities.  Sue Lingle seconded. 

Motion carried 5-0. 

Timber Bluff Site Condo

Pat Keough from Advantage Engineering was present to request final site plan approval for Timber Bluff.  Timber Bluff is 

a 36-unit site condo development with public roads and drains.  All approvals have been received from the county.  The 

development has been reviewed by the Planning Commission and was approved with the following conditions:

·    Stub street be constructed with a gravel base, seeded grass and shrubs.  Condition has been met.

  •   Bond must be posted on lot 9 for $5,000 when construction permit is granted for development to prevent pole barn from being 

            occupied.  The land use would require a variance, and the concern is that the Zoning Board of Appeals (ZBA) won’t 

            grant a variance on a self-created issue. 

  •  Overhead streetlight is required at the intersection of Abby Brook Lane and D-19.  No additional lighting 

            throughout the development.  Detail is on plans, but zoning administrator didn’t see light depicted.

·    Sign constructed on proposed lot 36 with low-voltage lighting only.  Noted on plan.

·    Lot 8 needs to be altered to meet 4:1 ratio.  On the plan, it’s depicted as limited open space to be used only 

      by those lots to alleviate problem with 4:1 ratio. 

      ·    Livingston County Road Commission needs to post 25 mph speed limit signs.  Noted on plan.

  •   Temporary fencing to be put at stub road location during construction.  Noted on plan.

            Site plan is subject to approval of the Master Deed and Bylaws by the township attorney. 

          Review letter dated 4/28/03.

  • All conditions stated in review letters (City of Howell, 7/22/02; LCDC 7/25/02 and 9/9/02; LCRC 7/26/02; 

          Tetra Tech 8/15/02, and John Ambrose 8/18/02) will be met.  Tetra Tech review letter dated 4/25/03 and

          John Ambrose review letter dated 4/22/03.

Tetra Tech review indicated one outstanding issue.  The proposed grades don’t connect with the appropriate existing 

grades on lots 16, 17 and 27 and should be revised.  Review letter of 4/25/03 states that Page 19, Section 6 of 

Exhibit A notes that each unit will be served by municipal water disposal and municipal water supply services.

This statement should be revised to state that each unit will be served by individual water well and septic fields. 

The petitioner’s engineer has indicated that this will be corrected prior to recording the final master deed.

Ms. McNamara wanted clarification on access to lots 3 and 4.  It appears there are low areas at front of lots and

there’s a concern about access and buildable areas.  Mr. Keough said sheet 3, lot 4, shows driveway with 

cross-culvert, assuming house will be built in middle of lot 4.  On lot 3, would assume that driveway would be

 located along east property line with house in back of the lot. Mr. Hanvey asked about the restricted open space.

How will that work with the Master Deed.  Will it be a separate document?  Mr. Keough said the same deed with 

separate set of drawings showing specific use for lots 7 and 8, and this was done to meet 4:1 ratio. Dave Hamann 

said the Planning Commission didn’t receive the site plan showing the limited open space. When the project was

approved in September, based on eight conditions, lots were not set that way. Mr. Hanvey asked about the status 

of access to Pleasant Lake Road.  Mr. Keough said they provided an easement to LCRC so if Pleasant Lake Road

becomes public in the future, it could be a connection.  Screening/shrubs will be placed.  Mr. Hanvey asked about 

emergency vehicle use.  Mr. Keough said there would be an emergency access drive with shrubs, and emergency

 vehicles could get through.  Ms. McNamara said the fire department indicated they would like a “knocks-lock.”

Mr. Hanvey had a concern about the lot with the barn.  Mr. Keough said they would post $5000 bond.  Ms. McNamara

explained that the bond is to ensure barn wasn’t lived in, and to cover the cost of removing the barn if necessary. 

However, in order to build on the lot, a variance would be required and the ZBA won’t grant a variance for a 

self-created situation, which this would be.  Mike Kelly, Ore Creek Development, said if it can’t be incorporated into 

a home, it would have to be removed. Mr. Hanvey asked if the restricted open space is distinct from other open 

space.  The value of limited open space will be assessed to lots that have access and common open space 

assessed to all lots.  Ms. Lingle said she has problem with sidestepping the ordinance by creating limited open

space on lots 3-4.  She anticipates problems with owners paying taxes on property that can’t really use. 

Sue Lingle motioned to table this item until all conditions are resolved.  No second received.

Pat Keough asked by the Board to consider granting approval.  The minor items will be taken care of and this is

prime construction time. Dan Lowe motioned to approve Timber Bluff site condo subject to conditions found in 

Tetra Tech letter dated May 5, 2003 that the proposed grades of lots 16, 17 and 27 would connect with the 

appropriate existing grades.  Also, Exhibit A, Page 19, Section 6 needs to note that each unit will be served by 

individual water well and septic fields.  Secondly, items from John Ambrose letter dated April 22, 2003, concerning 

Master Deed, Article 6, Sections 8 and 9, Road Maintenance and Road Dedication.  Language should read “roads 

should be developed and accepted by Livingston County Road Commission prior to land use permits being granted

for the construction of any dwellings.  A bond will be posted in the amount of $5,000 for five years bringing Lot 9 into

conformance, effective May 8, 2003.  Myrna Schlittler seconded. Amendment to motion:  Further, temporary fencing 

at emergency access will remain until lawns are put in. Myrna Schlittler seconded. Motion carried 4-0, 1 abstention.

Roll call vote: Hamann—abstained,  Lingle,  Schlittler,  Lowe, Hanvey—yes.  Motion carried 4-0, 1 abstention.

Wolfe Ridge Private Road

Jason Wallace of Desine Engineering was present to request final site plan approval for Wolfe Ridge.  All county approvals have been 

received and Desine is awaiting final DEQ approval. Bob Hanvey had a question on driveway on lots 10-11.  Mr. Wallace said that

 for ease of DEQ permit approval, they are using existing two-track to combine two driveways into one.  If necessary, back of lots 

can be changed to become part of lot 21. 

Sue Lingle motioned to grant final approval to Wolfe Ridge as presented, subject to change in lot line between parcels

10 and 11 down center of two-track shown on site plan.  A $5000 bond for five years will be posted to cover barn on 

proposed Parcel 1, and road legal description will be provided by Desine Engineering before land use permits are 

issued.  Also, zoning administrator will ensure a landscape buffer is placed between DeKroub property and Buckelew 

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

Pay Raises for Board

A 3% pay raise for the supervisor, clerk, and treasurer has been proposed. The current salary is $27,810

and the proposed amount is $28,644.  Dave Hamann made a resolution to approve a 3% increase for the

supervisor with a new salary amount of $28,644.  Sue Lingle seconded.  Roll call vote:  Lowe, Schlittler, Hanvey,

 Lingle, Hamann—all yes.  Resolution passed 5-0.

Sue Lingle made a resolution to approve a 3% increase for the clerk with a new salary amount of $28,644, effective July 1, 2003.

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

Resolution passed 5-0.

Myrna Schlittler made a resolution to approve a 3% increase for the treasurer with a new salary amount of $28,644,

 effective July 1, 2003.  Dave Hamann seconded.  Roll call vote:  Lingle, Schlittler,  Hanvey, Hamann,  Lowe—all yes.

Resolution passed 5-0.

Pay Raises for Staff

Bob Hanvey passed out a list of the current pay rates of the hourly employees.  Sue Lingle made a resolution to

increase the hourly rate by 50 cents for the deputy treasurer, DPW coordinator, deputy clerk, zoning administrator,

and assistant zoning administrator/secretary.  Dave Hamann seconded.  Roll call vote: Lowe, Schlittler, Hanvey, Lingle,

 Hamann—all yes.  Resolution passed 5-0.

Neubacher Valve  

Bob Hanvey indicated that when the pump station was designed by Wolverine, it was designed without a shut-off valve between the

 force main going between Mason and Norton Roads.  The City of Howell wants a shut-off valve on it somewhere.  Tetra Tech 

submitted a proposal from Odien to install a plastic shut-off valve inside the wet well.  The City of Howell feels an exterior valve 

would be more suitable.  The inside valve is approximately $2,600, and we don’t have a price on an exterior valve yet.  Dan Lowe

 motioned to table this item to obtain prices on an exterior valve.  Sue Lingle seconded.  Motion carried 5-0.

Dog Ordinance

One of the township residents, Tom Christian, has asked the board to consider establishing a dog ordinance. He provided the board 

with copies of ordinances from other townships, including Genoa Township.  Mr. Hanvey feels there are several problems with the 

Genoa Township ordinance.  For example, the township doesn’t have adequate personnel to deal with complaints on a 24-hour basis. 

The township has made unsuccessful attempts in the past to monitor and measure dogs barking with a decibel meter.  The state has 

laws that deal with dogs running loose and Livingston County Animal Control can handle those complaints. 

Mr. Hanvey asked interested residents to form a committee to work on creating a suitable dog ordinance. Patricia Brand, 

2637 Rubbins, suggested that Mr. Christian act as chairman of the committee with assistance from other residents.  Dave Hamann

volunteered to participate on the committee, as did John Hubert, 2629 Rubbins, and Patricia Brand. 

Mr. Hanvey informed the committee members that the township has access to the Michigan Township Association (MTA) website.

Township personnel can assist the committee by submitting questions to MTA or making contact with other townships’ personnel. 

Bandy House

Mr. Hanvey attended a lengthy meeting at the Livingston County Health Department Board of Appeals concerning the 

Bandy house.  A variety of suggestions and amendments were made.  There was not consensus between the 

engineer and the board as to what an appropriate solution would be.  The main problem appears to be the location of 

the well on the neighbor’s property.  The item was tabled for additional information.  With regard to the removal of the 

existing structure, as far as the township can determine, there is no reason the house can’t be torn down.  However, 

the Health Department will potentially allow them to use the existing drain field and well if they repair the house rather

 than tear it down.  Christopher Floyd, 2653 Rubbins, asked if there are any time restraints imposed by the township

to tear down or repair.  Mr. Hanvey said the only thing the township could do is cite the Bandy’s for a nuisance violation.

Mary Ellen Finch, 1685 Triangle Lake Road, would like the township to initiate a nuisance violation. The house 

poses safety and health issues.  Mr. Hanvey asked the zoning administrator to write a letter to the Bandy’s asking

them to make the house safer.  If the Health Department turns the Bandy’s down, then the house would have to be 

torn down.   

Manhole Repairs

There are four manholes that need repair on County Farm Road and Norton Road.  A bid for $4,500 was received with the state

 providing traffic control.  More bids are needed before a decision can be made.  This project will be assigned to the township 

consultant, Tom Klebba.  Sue Lingle motioned to table this item for additional bids.  Dan Lowe seconded.  Motion carried 5-0.

  Collection of Summer Taxes

Sue Lingle motioned to have the township clerk and supervisor sign the contract for the collection of summer taxes.  Dave Hamann 

seconded.  Motion carried 5-0.

Knight Rental of Cornfield

Sue Lingle motioned to lease township field to Gerald Knight for $350 for planting corn.  Myrna Schlittler seconded.  

Motion carried 5-0. 


Mr. Hanvey has names of three possible candidates.  Myrna Schlittler motioned to authorize the township supervisor to pursue

employment of a new assessor at a rate consistent with MTA survey rates.  Dave Hamann seconded.  Motion carried 5-0.

Chloride Treatment

Mr. Hanvey gave a brief summary on the township’s decision to try Pentaseal on a limited basis.  The product is not toxic, but can

leave residue on vehicles right after application.  The cost is approximately the same as chloride treatments.  Some residents

expressed concern about their vehicles.  Ms. Lingle said that signs would be posted informing residents that the treatment has been 

applied.  The Board agreed to test the product on Cedar Lake Road from Schafer to Jewell and all of Triangle Lake Road. 

Dan Lowe motioned to contract with the Livingston County Road Commission (LCRC) to apply brine treatments on 

all roads except Cedar Lake Road and Triangle Lake Road, where Pentaseal will be applied.  Myrna Schlittler 

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


This project is late, and Mr. Hanvey suggested a special meeting as soon as possible.  Dan Lowe motioned to table this item. 

Myrna Schlittler seconded.  Motion carried 5-0.

Time Clock

Ms. Schlittler indicated the employees would like to have the time clock removed.  Sue Lingle motioned to remove the time clock 

and replace it with a write-in time sheet.  Myrna Schlittler seconded.  Motion carried 5-0.

2003-04 Meeting Schedule

Myrna Schlittler motioned to accept the 2003-04 Meeting Schedule.  Sue Lingle seconded.  Motion carried 5-0.


Dave Hamann summarized the April 22 Planning Commission meeting.  Final approval was given for the AT&T 

tower, Blossom Farms final site plan review was tabled, and Section 17.10—Wireless Communication Facilities

 was finalized.  Discussion was held on Home Occupations and a Site Plan Checklist.  New business included 

definition of lot lines and open space preservation. 


Provided in packets. 


Provided in packets.  Ms. Schlittler asked about requiring written documentation from Lowe Excavating for work on

 the township hall addition. 


No cases were heard at the May 5, 2003 meeting. Minutes from the previous month’s meeting were reviewed and approved.    


Provided in packets.


Provided in packets.




Patricia Brand presented the township board with a letter signed by several Triangle Lake residents.  Ms. Brand respectfully

requests the township board’s assistance relative to the enforcement of Ordinance 4.66.  Residents of Derbyshire are accessing

their lots via Rubbins Road, and have changed the grade of the easement on Rubbins Road.

Mr. Hanvey agreed that the residents on the south side of Clivedon Road should not establish a regular pattern of accessing their 

lots via Rubbins Road.  He also felt it was reasonable to allow limited access during construction provided the mess is cleaned up

when construction is complete.  In addition, Mr. Hanvey pointed out that Ordinance 4.66 is an ordinance that defines the way that 

land division is made, it has nothing to do with access.  The ordinance has been complied with by providing a 10-foot park that is 

part of the 70-foot greenbelt that prevents the lot from having frontage on two roads.  None of the lots on Clivedon Road have 

frontage on two roads, which is what Ordinance 4.66 is about.  The deed restrictions and the plat of Derbyshire clearly state that the

lots do not have access from Rubbins Road.  Ms. Brand said the spirit and intent of the law is they don’t have access for any

purpose and once you grant someone the privilege, it’s difficult to enforce the ordinance. Ms. Brand also said they graded the road 

easement and now the Triangle Lake residents have sand in their driveways.  She further stated that the LCRC would put the road 

easement back to its original state.  Mr. Hanvey said what he saw was rototilling, not grading.  Paul Springer,

 2645 Triangle Lake Road, provided before and after pictures. Mr. Springer asked where the visual barrier is. 

Mr. Hanvey said the problem with the visual barrier is that the plans show a natural area, the master deed requires them to mow it. 

When a drawing doesn’t agree with a written text, the written text prevails. Mr. Floyd has concerns with protecting the lake with 

drainage issues.  He asked what the township would do to help.  On the Jartnick Pond side, the catch basin/detention pond is 

draining too fast.  The township will ask Tom Kohloff from the Department of Environmental Quality (DEQ) to take a look at it. 

Dan Lowe pointed out that the residents on Rubbins Road used the road easement for parking vehicles, boats, trailers, dumping 

lawn clippings, etc.  It seems that the Rubbins Road residents are upset that they don’t have the use of the road easement anymore. 

After lengthy discussion, Mr. Hanvey agreed to write a letter to residents of Derbyshire on the south side of Clivedon Road stating 

that motorized vehicle access is prohibited via Rubbins Road. Dan Lowe will be working with the Drain Commission and will investigate the problem on Triangle Lake Road by Jartnick Pond. 


Provided in packets.  Also included is the investment report through March.  Two big expenses are the new voting

machines for $18,204 and payment for the township’s share to Parks & Recreation for $57,389.  Myrna Schlittler 

motioned to accept the treasurer’s report with expenses of $121,545.08.  Dan Lowe seconded. Motion carried 5-0.


Sue Lingle motioned to adjourn the meeting at 10:40 p.m.  Dan Lowe seconded.  Motion carried 5-0.