BOARD OF TRUSTEES  

                                      May 10, 2007

                                  AGENDA AND DRAFT MINUTES

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 12, 2007 Regular Meeting Minutes

b.)    Approval of April 26, 2007 Regular Meeting Minutes

c.)    April 25, 2007 Election Commission Minutes (Review only)

d.)    April 24, 2007 Planning Commission Report

e.)    Complaint Report

f.)     DPW Report

g.)    Zoning Report

      3. Premier Farms Review

4.    Darakjian and Highland Special Assessment

5. MHOG Waterline

6. Marion Township Roads

7. Home Town Village of Marion Front Yard Setbacks 

a.)    Z-61-06 TXT #02-06 Section 3.02 Delete Definitions of Private Sewage/Wastewater  Treatment Facility and Add Definition of a Community Wastewater Treatment Facility

b.)    Z-62-06 TXT #02-06 Section 6.30-Delete Private Sewage/Wastewater Treatment Facilities

c.)    Z-63-06 TXT #02-06 Section 8.02 E #13-Add Community Wastewater Utility Systems (SR)

d.)    Z-64-06 TXT #02-06 Section 8.01E #19-Add Community Wastewater Utility Systems (RR)

e.)    Z-65-06 TXT #02-06 Section 17.31-Standards for Special Use

*****General Ordinance needs to be approved simultaneously with above TXT Amendments*****

f.)     Z-62-05 TXT #03-05 Section 8.01 E #19-Deleting Crematories as a Use Permitted by Special Use Permit in RR

g.)    Z-63-05 TXT #04-05 Section 8.02 E #4-Deleting Crematories as a Use Permitted by Special Use Permit in SR

h.)    Z-23-07 TXT #16-06 Section 3.02-Add Crematory Definition

i.)      Z-24-07 TXT #12-06 Section 6.27-Delete Graveyards, Cemeteries or Animal Burial Sites and renumber the list

j.)      Z-25-07 TXT #09-05 Section 3.02-Cemetery Revised Definition of Cemetery

k.)   Z-26-07 TXT #07-05 Section 17.07-Amendment regarding Special Use requirements for Cemeteries, Crematories and/or Mausoleums

l.)      Z-27-07 TXT #10-06 Section 9.01-Uses Permitted by Right, Uses Permitted with Special Use Permit

m.)  Z-28-07 TXT #08-06  Section 3.02 Definitions of Funeral Homes

 9.      Enforcement Officer (Dave Hamann)

10.  Professional Service Agreements for Litigation

11.  Approval of Cemetery Grave and Service Charges

12.  Clark Hill Invoice

13.  Marion Park #1 Expenses as of May 1, 2007

      15. July 4^th Work Schedule

      16. Resolution for Defining 8% Pension

Correspondence/ Updates

      Township Issues

            Supreme Court Case

 For the Good of the Township

Call to the Public

Adjournment

                                                           DRAFT MINUTES

MEMBERS PRESENT:   Bob Hanvey , Dave Hamann , Travis Hodge, Les Andersen, Paula Wyckoff, 

                                    Dan Lowe, Tammy Beal

MEMBERS ABSENT:   None

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CALL TO ORDER

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

PLEDGE TO FLAG

BOARD MEMBERS PRESENT

The board members introduced themselves. 

CALL TO THE PUBLIC

Jim Barnwell, Desine, Inc., said he wanted to correct a statement made at the last meeting regarding Spruce Run.  The old barn has not been removed yet; it will be removed.

APPROVAL OF AGENDA

Dan Lowe motioned to table the April 12, 2007 minutes.  Les Andersen seconded.  Motion carried 7-0.  Dave Hamann motioned to remove the April 26, 2007 minutes from the consent agenda and table.  Travis Hodge seconded.  Motion carried 7-0.

Dave Hamann motioned to approve the agenda as amended.  Travis Hodge seconded.  Motion carried 7-0.

CONSENT AGENDA

Dave Hamann motioned to approve the consent agenda as amended.  Travis Hodge seconded.  Motion carried 7-0.

PREMIER FARMS REVIEW

Dave Hamann motioned to adopt a resolution as follows: 

Whereas, in the year 2001, the Board of Trustees approved the Conceptual Plan for the Premier Farms Planned Unit Development (PUD);

Whereas, the Township Board recognizes that a revised Conceptual Plan for the Premier Farms PUD has been created in 2007 and submitted to the Township, that is different than the Conceptual Plan, which was approved in 2001;

Whereas, the Township Planning Commission and Township Board have reviewed and considered the revised Conceptual Plan;

Whereas, the Board of Trustees finds the 2007 version of the Conceptual Plan for the Premier Farms PUD to be substantially consistent with the Conceptual Plan approved in 2001;

Whereas, while there has been a finding there is substantial consistency between the two conceptual plans, this finding does not constitute approval of a Preliminary Planned Unit Development Submittal or a Final Planned Unit Development Submittal for the Premier Farms PUD;

Now, therefore, be it resolved that a Preliminary Planned Unit Development Submittal in accordance with Article XIII of the Marion Township Zoning Ordinance for the Premier Farms PUD may be submitted in accordance with the review process set forth in the Zoning Ordinance.

Tammy Beal seconded.  Roll call vote:  Hamann, Lowe, Beal, Hanvey, Wyckoff , Andersen, Hodge—all yes.  Resolution passed 7-0.

DARAKJIAN/HIGHLAND SPECIAL ASSESSMENT

Bob Hanvey said there is no new information on this item.

MHOG WATERLINE

Information on the bids submitted is included in the packets.

TOWNSHIP ROADS

Tammy Beal has talked with the LCRC and the first dust control treatment should begin in the next two weeks.  Bob Hanvey passed out the Private Road general ordinance for board members to review for the next meeting (AI #1).

HOMETOWN VILLAGE OF MARION FRONT YARD SETBACKS

Bob Hanvey said the zoning administrator has investigated three lots.  These situations need to be discussed with the HVM homeowner’s association and the PUD agreement needs to be modified.  Dan Lowe will arrange meeting with the zoning administrator and Planning Commission representative (AI #2).

Jeff Grainger, 2998 W. Coon Lake :  Mr. Grainger asked if the modification to the PUD agreement would be lot specific.  Mr. Hanvey said yes. 

PROPOSED TEXT AMENDMENTS

Bob Hanvey said that agenda items 8 a-e (Z-61-06 through Z-65-06) cannot be approved until the General Ordinance is done.  Dave Hamann motioned to table these items until the next meeting.  Paula Wyckoff seconded.  Motion carried 7-0.

Dave Hamann motioned to approve the text amendments in agenda items 8 f-m (Z-62-05, Z-63-05, Z-23-07, Z-24-07, Z-25-07, Z-26-07, Z-27-07, Z-28-07).  Les Andersen seconded.  Motion carried 7-0.

ENFORCEMENT OFFICER

Dave Hamann said he was asked by the Planning Commission to have this item discussed by the board.  Bob Hanvey asked what the tasks would be.  Would the enforcement officer respond to complaints or look for problems.  Mr. Hamann said the Planning Commission wants the entire township monitored according to the ordinance.  Tammy Beal asked how the wages would be funded.  Mr. Hamann said he thinks having an enforcement officer is premature.  Dan Lowe said he doesn’t think it’s a good idea.  Les Andersen motioned to postpone this item indefinitely until the Planning Commission makes another request. Tammy Beal seconded.  Motion carried 7-0.

PROFESSIONAL SERVICE AGREEMENTS FOR LITIGATION

Bob Hanvey presented a contract for independent engineering expenses incurred for the Marion Oaks case and the Chestnut case. He is asking for the board’s authorization for the supervisor to sign the contract.  Dan Lowe motioned to have Bob Hanvey contact the consultant to have bills sent to the township and presented at the next board meeting for approval.  Les Andersen seconded.  Motion carried 7-0.

APPROVAL OF CEMETERY GRAVE AND SERVICE CHARGES

Les Andersen motioned to adopt a resolution approving the grave and service charges as presented. Tammy Beal seconded.  

Roll call vote:  Wyckoff, Hodge, Hanvey, Hamann, Beal, Andersen, Lowe—all yes.  Resolution passed 7-0.

CLARK HILL INVOICE

Dave Hamann motioned to approve and pay the Clark Hill invoice for $11,682.  Paula Wyckoff seconded.  Roll call vote:  Beal, Hanvey, Hodge, Andersen, Lowe, Wyckoff, Hamann—all yes.  Motion carried 7-0.

MARION PARK #1 EXPENSES

Paula Wyckoff provided the board members with a printout listing expenses for Marion Park #1.

NORTHERN MATERIALS

Joe Ricardi from Northern Materials is asking to have his restoration bond released.  A letter from OHM is included in the packet.  Dan Lowe motioned to table this item until the end of the meeting.  Les Andersen seconded.  

Motion carried 7-0.

JULY 4^TH WORK SCHEDULE

Tammy Beal motioned to have the township offices closed on Thursday, July 5, 2007 , with employees taking a day without pay or a vacation day.  Paula Wyckoff seconded.  Motion carried 7-0.

RESOLUTION FOR DEFINING 8% PENSION

Tammy Beal motioned to adopt a resolution to pay 8% pension on gross wages, excluding wages earned for sitting on any boards and recording secretary wages, and to update the employee handbook.  Dave Hamann seconded.  Roll call vote:  Hanvey, Lowe, Wyckoff , Beal, Hamann, Hodge, Andersen—all yes.  Resolution passed 7-0.

CORRESPONDENCE/UPDATES

Supreme Court Case: Bob Hanvey updated the board on the proceedings held this week.

FOR THE GOOD OF THE TOWNSHIP

Bob Hanvey asked Phil Westmoreland about the MDOT Norton Road bridge project.  Mr. Westmoreland said he has recommended non-approval of the plans.  There are some minor changes that need to be made. 

Tammy Beal said the packets for the July 12 board meeting will be ready for pickup on Monday, July 9.

Bob Hanvey handed out an article regarding easements on farmland.

CALL TO THE PUBLIC

Jeff Grainger, whose parents are Jim and Janice Grainer at 2588 Pinckney Road, said a recent article in the Daily Press & Argus indicated there would be commercial property on Pinckney road across from the new high school.  Bob Hanvey said there was a misunderstanding of what property he was talking about.  Dan Meisler said he would clarify the information as soon as possible.

Charlie Musson, 333 Triangle Lake Road :  Mr. Musson asked about the elevation at the water tower.

NORTHERN MATERIALS

Mr. Ricardi said he is asking for a full release of the reclamation bond because he feels he has fulfilled the reclamation plan.  Mr. Ricardi and Phil Westmoreland will coordinate a site visit, tentatively Tuesday, May 22 at 6:00 p.m (AI #3).  Tammy Beal motioned to reduce the amount of the bond to $20,000.  Dave Hamann seconded.  Motion carried 7-0.

ADJOURNMENT

Travis Hodge motioned to adjourn the meeting at 8:28 pm. Dave Hamann seconded. Motion carried 7-0.