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                                 MARION TOWNSHIP

            AGENDA and DRAFT MINUTES

                          May 12, 2005  






APPROVAL OF AGENDA: May 12, 2005  

APPROVAL OF MINUTES FOR: April 14, 2005 -  Regular Board Minutes

                                          May 9, 2005 -  Ways & Means Minutes


                       1. Recreation Authority

                       2. Radick Show Cause

                       3. REU's for the High School

                       4. Eagle REU's

                       5. Employee Expense Procedure

                       6. Cell Tower Lease

                       7. Marion Township Roads

                       8. Sewer Data

                       9. Irrigation

                      10. Peavy Force Main               


                      1. Proposed Text Amendment 6.20 E 1

                      2. Proposed Text Amendment 6.24

                      3. Copperfield Villas Site Plan Review

                      4. Meadows West Site Plan Review

                      5. Clark Hill Invoice

                      6. Mr. Lover Discussion (Lucy Road)










                                              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


Bob Hanvey called the meeting to order at 7:40 p.m.  



The board members introduced themselves. 




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


Board of Trustees Regular Meeting, April 14, 2005

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

Ways & Means Meeting, May 9, 2005

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

Recreation Authority

Sue Lingle asked Eric Reickel, the interim director for Howell Parks & Recreation, to attend and answer any questions

the board members might have.  Dave Hamann had a question on page 12 regarding the Marion Township hall open space,

 the Sundance parcel open and the Knolls.  Sue Lingle said they will not be part of the authority, and has asked for that to

be taken out.  Mr. Reickel said a final copy would be sent with a cover letter for the boardís review.  Once all

municipalities agree, the articles will be published jointly.  Bob Hanvey asked if public hearings needed to be held. 

Mr. Reickel said the procedure is to publish the articles.  A public hearing was held on the strategic plan.  Mr. Hanvey

asked if thereís a period for public comment. Mr. Reickel said that isnít addressed. Sue Lingle said those are questions

the board can ask the township attorney.  Mr. Reickel said he would get answers to those questions. 

Dan Lowe motioned to table this item until the June meeting.  Dave Hamann seconded.  Motion carried 5-0.

Radick Show Cause Hearing

The Radicks were not present for the hearing.

Call to the Public

David Lynch, 3300 Dutcher Road:  Mr. Lynch asked the Boardís permission to play a short audiotape.  Mr. Lynch said

on April 4, he was working inside his home with the windows open.  The noise started as just one dog barking for 20

minutes.  Tammy Beal asked what time of day it was.  Mr. Lynch said it was approximately 10:00 pm .  Mr. Lynch said

from behind the Radickís barn to his office window is about 1000 feet west.  Mr. Lynch played the tape of the dogs

barking and howling. Mr. Lynch said this is just an example of one event.

Mr. Hanvey asked Mr. Lynch if his equipment provides information on the decibel level.  Mr. Lynch said the decibel level at

his house is 42 decibels.  The most recent recording he made was last week. The nuisance is the frequency and the times

 rather than the intensity of the sound.  Mr. Hanvey asked if the neighbors had noticed any change since last Saturday.

Mr. Goers said the noise woke him up two nights ago.  Mr. Hanvey said the Radicks put up stockade fence around the

dog area.  Mr. Lynch said that stockade fencing isnít a sound barrier. 

Mark Reizen, 3210 Dutcher:  Mr. Reizen said he is concerned about Mr. Hanveyís comment that he didnít record

anything.  Itís irrelevant whether Mr. Hanvey recorded anything.  This is a show cause hearing and the board is charged

with carrying forward.  Itís not up to the people who are complaining that thereís a nuisance to show that thereís a

nuisance; itís up to the Radicks to step forward and show causeóthey have the burden of proof, just like in a court. 

The Radicks arenít even here tonight.  Mr. Hanvey said Mrs. Radick was at Mondayís meeting.  Mr. Reizen said he

doesnít care if she was here Monday.  Tonight is the scheduled board meeting and thatís why the neighbors are here.

The board hasnít made the Radicks show cause.  They havenít met any burden of proof.  Mr. Reizen said decibel level is

irrelevant, as it is to his neighbors.  If the board doesnít do something, Mr. Reizen said he would.  He doesnít believe the

board is meeting its duty to carry forward.  Mr. Reizen provided the following dates:  March 31ó2:55 am to 3:40 am;

 April 4óstarted at 9:40 pm and he doesnít know what time they quit; April 6ó12:40 am to 1:48 am and 11:30 am to 12:27 pm;

April 28óbarking and howling in the morning and night; the same on April 29; April 30óstarted at 11:44 pm and went to

12:06 am. Mr. Reizen said whatever happened on Monday is really offensive to him, that the board is discussing township

 business outside of a meeting.  Mr. Hanvey said it wasnít outside of a meeting; it was during a regularly scheduled

meeting.  Mr. Reizen asked why the neighbors werenít invited.  Mr. Hanvey said they are invited to every meeting the

board has; the dates are published annually.  Mr. Reizen said this is the meeting itís scheduled for, not Monday.  The

board needs to do something about it now.  Its annoying Mr. Reizen, itís annoying his neighbors, his wife is awakened

almost every night by these animals.  These people are looking for variances.  Variances canít be granted except in case

 of hardship.  A person canít create their own hardship and then ask for a variance.  Mr. Hanvey said Mrs. Radick

indicated she is going to apply to the Planning Commission for a special use permit for a commercial kennel. 

David Lynch, 3300 Dutcher Road:  Mr. Lynch said at the last meeting he attended, the Radicks were supposed to have

done something to alleviate the sound by a certain date.  Something was said about enclosing the area and putting in

sound deadening.  Thatís the only way that the sound will be abated. 

Mr. Hanvey again said he measured the sound with a decibel meter during feeding time and his observations donít

indicate a violation of the ordinance.  The Planning Commission will deal with the special use permit issue at the time

she applies.  Mr. Lynch asked how to get in touch with the Planning Commission and refuse this immediately. 

Mr. Hanvey said the agenda is published.  She hasnít filed yet, but the next meeting would be the fourth Tuesday in

June.  Mr. Reizen asked what the board is doing to correct the situation.  Sheís not doing anything to abate the nuisance.

Is the board saying itís going to let the Planning Commission worry about this?  Mr. Hanvey said his observation didnít

indicate a violation of the ordinance.  Mr. Reizen said it doesnít violate the decibel levelóthe ordinance talks about a

nuisance.  Mr. Lynch said the decibel level isnít the issue.  The issue is listening to these dogs howl all night long.

Mr. Reizen asked about the number of dogs.  Mr. Hanvey said that is still an issue.  One approach for that is to apply

with the Planning Commission for a commercial kennel special use permit.  Mr. Hanvey said anyone within 300 feet of

the property line will be invited to the meeting directly.  Anyone else is welcome to come. It will be published twice in the

newspaper.  Mr. Reizen asked if the board is making a finding that there is no nuisance based on the tape heard tonight

and all of the complaints. 

Dan Lowe said heís pretty convinced thereís a problem.  Mr. Hanvey said heís been by the site several times and has

never heard anything like the tape.  Mr. Lowe asked why the Radicks arenít here.  Mr. Hanvey said Mr. Radick is out of

town and Mrs. Radick was unable to make it.  

Mr. Lowe said the previous motion was that within 30 days, the Radicks would have a plan showing how theyíre

going to eliminate the noise.  He said they should get rid of the additional dogs immediately or provide the township

with an absolute plan of how theyíre going to stop the noise. 

Dan Lowe motioned to contact the township attorney, provide him with a copy of the audiotape, and have him proceed with

whatever steps are necessary to abate the sound nuisance.  Tammy Beal seconded.  Motion carried 5-0.

Bob Hanvey said he would call Mrs. Radick on Monday and offer to play the tape for her. 

Dave Hamann asked the residents if anyone has ever filed a violation with the county. Mr. Goers said with the

township, not the county. Mr. Hamann said the county has a dog violation ordinance which is a misdemeanor fine for

the individuals who are causing the nuisance.  Mr. Reizen said heís not interested in criminal prosecution. 

REUs for High School

Phil Westmoreland attended a meeting with the engineers for the high school, Mr. Terres and the attorneys and arrived at

54 REUs based on the actual usage at the current high school and applying a modifying factor for the water conserving

features installed in the new school.  It was agreed that the actual usage would be measured for two years.  The REU

count could be adjusted after two years data of actual usage.  Dan Lowe asked if it could go down.  Mr. Hanvey said yes.

Mr. Lowe said it should be able to go up, not down.  Mr. Westmoreland said the school was comfortable with that number

because they feel itís probably going to be lower than the initial use.  Mr. Westmoreland said he would be nervous to

recommend much above 54 at this point.  Mr. Hanvey said he would have preferred a fixed number with no changes also,

but on the outside chance that it could go up, he thinks the board should approve it. 

Jim Barnwell said the first two years isnít the peak flow.  He also had a concern about how the usage is averaged. The

system should be designed for the peaks, not the average.  Mr. Westmoreland said the flow calculation is based on 180

days. Sue Lingle motioned to table this agenda item.  Dave Hamann seconded.  Motion carried 5-0.

Eagleís REUs

Sue Lingle motioned to table this item until the high school REU situation is settled.  Dave Hamann seconded. 

Motion carried 5-0.


Copperfield Villas Site Plan Review

Tom Dumond from Boss Engineering was present to request final site plan approval for Copperfield Villas, and approval of

the Master Deed, Exhibit B, and private road.  Thereís still an outstanding issue on the emergency access to the west. 

What heís asking for tonight is at least approval of the private road and tabling the site plan, Master Deed and Exhibit B.

Sue Lingle had a question about the clearing staking. Itís supposed to be about 35 feet out from the boundary and the

staking is about 3 feet out. Tom Dumond said itís based on the approved construction plans, which the surveyors are

using. Bob Hanvey asked Phil Westmoreland if thatís something the construction people would monitor during clearing.

Mr. Westmoreland said yes, they will take a look at it.  Ms. Lingle said there have been mishaps before where things

have been approved, and the next thing you know, all the trees are gone. Mr. Dumond said thereís no problem walking the

site with township representatives. Mr. Hanvey said when township representatives walked a site with Boss Engineeringís

landscape architect before, and then when the contractors cut the trees down, they were gone anyway. Dan Lowe

suggested someone from the township, the contractor, and the owner. 

Byron Hartman from the Eagles asked about access through the Eagleís property. Mr. Hanvey said itís not through the

Eagles property, itís at the edgeóitís 33 feet on the Eagles property and 33 feet on the churchís property. Mr. Hartman

asked the purpose of the access.  Mr. Hanvey said emergency access with a locked gate. Mr. Dumond said he believes

it will be beneficial for both parties. Mr. Hartman has concerns about the Eagles festival held each year. He also asked

who would maintain the road. Mr. Dumond said the association. Mr. Hanvey said the easement restrictions arenít going to

be changed. The review letter from the township attorney indicated a concern about the easement being assigned to

Mr. and Mrs. St. Onge, but thereís no documentation showing it was assigned to Adler. The attorney suggested that

the board could approve the project as a site condominium and allow a land balancing permit to be issued, but not

allow any individual land use permits for single-family homes until the easement assignment issue is resolved.

Dave Hamann said when the Planning Commission approved the site plan, there were four items. The third item was

that the final site plan should reflect and instruct each individual lot owner to submit with each land use application to

the township for itís review and approval indicating tree preservation for each lot.  Mr. Dumond said they added a

note to the site plan, and itís also in the Master Deed.

Sue Lingle motioned to approve Copperfield Villas site condominium contingent upon land use permits for individual parcels

not being issued until the assignment of the easement from St. Onge to Adler is approved by the attorney, and the

clearing limits are agreed upon and a site visit is made, to include the contractor who will do the clearing, the township

engineer, and a board member.  Tammy Beal seconded.  Motion carried 5-0.

Meadows West Site Plan Review

Jim Barnwell from Desine, Inc. was present to request site plan approval for the Meadows West.  This is an expansion of

the current Meadows development.  Mr. Barnwell provided drawings for the boardís review.  Bob Hanvey asked about

access to Peavy Road .  Mr. Barnwell said it has been proposed as an emergency access.  Phil Westmoreland indicated

he hasnít seen the revised site plan, and asked Mr. Barnwell about the rear-yard drainage.  Mr. Westmoreland was

satisfied with the changes.  Dave Hamann motioned to approve the site plan for Meadows West condominiums contingent

upon pre-construction walk-through to include the owner, the engineer, and a township representative.  Sue Lingle seconded.

Motion carried 5-0.

OLD BUSINESS (continued)

Employee Expense Procedure

Tammy Beal said the motion was originally made on September 12, 2002 to pay members for workshop expenses but

no hourly pay, except for staff members during regular hours.  Tammy Beal motioned to pay hourly employees for

workshop expenses and to pay hourly wages up to 40 hours, and after 40 hours in the same week, they shall be paid

overtime (time and one-half) regardless of which day of the week the extra hours are accrued.  Dave Hamann seconded.

Motion carried 5-0.

Cell Tower Lease

Bob Hanvey reported that the township has received multiple contacts from a company called Black Dot wanting

the township to improve the terms of the lease with Cingular.  The township also just received an application for

Verizon to co-locate. If the Verizon equipment can fit within the leased space thatís already there, the township

probably wonít get any extra rent.  The application submitted by Verizon to Cingular had a conflict with the number

of square feet they are requesting.  The cell tower probably wonít be moved, the existing lease wonít have to be

changed, and there will probably be a co-locator. 

Township Roads

Bob Hanvey said he tried to get in touch with Jody at the Livingston County Road Commission (LCRC) regarding the

re-evaluation for potential tar and chip on Cedar Lake Road between Jewell and Coon Lake Road .  She indicated they

wouldnít be able to respond for another 3 weeks.  Sheís also not sure the GRIP money can be used on limestone roads.

Mr. Hanvey will try to get an answer to that question.  The other most likely road is Davis , where the drainage needs

improvement.  The intersection of Vines and Cedar Lake Road is also a problem.  Mr. Hanvey provided copies of traffic

counts from the LCRC.

Dan Lowe motioned to have Livingston County Road Commission provide an estimate for ditching and gravel on

East Davis Road from D-19 to Fisk.  Sue Lingle seconded.  Motion carried 5-0.

Sewer Data

Bob Hanvey provided a chart showing sewer flows.  For some reason, the amount of sewage delivered to the plant per

day has been pretty consistently 30 gallons per day per person more than the amount of water than the meter reads. 

Thatís been pretty consistent for the past few years, except for the months of January, February, and March when it goes

up to 60 gallons per day.  Mr. Hanvey said it could be sump pumps going into the sanitary sewer, it could be illegal

hook-ups, it could be infiltration, or some combination of all of those things.  Dan Lowe said he believes thereís a severe

problem in Groveland and Maple Farms.  During rain events, there are still huge spikes in those two pump stations.

It could be infiltration in the manhole covers.  Phil Westmoreland said the manhole covers should be checked on a

routine basis.  He also said the meters should be calibrated annually. Mr. Westmoreland will provide additional information.

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


Dave Hamann motioned to have the rate on an irrigation REU changed to the same amount as a standard residential REU.

Tammy Beal seconded.  Motion carried 5-0.

Peavy Force Main

Phil Westmoreland said he has been working on the Peavy force main situation.  The Ductile Iron Pipe Research

Association (DIPRA) has been helping out with the problem associated with the cathodic protection system.

Mr. Westmoreland provided a copy of a letter from DIPRA dated May 2000 indicating that 1200 feet of the pipe is

in jeopardy because of the cathodic protection system; same thing with the water main.  This is a very big area that

may be in jeopardy.  There are some options, but none are great.  First, you have to replace both pipes with a

different type of pipe.  Another option that DIPRA had recommended at the time was sacrificial galvanic anodes.

A third option would be to drive anodes next to the pipe.  Jim Barnwell said one option might be to work with

Mitch Harris when his project is done. 

Dave Hamann motioned to table this item.  Tammy Beal seconded.  Motion carried 5-0.
NEW BUSINESS (continued)

Proposed Text Amendments

Section 6.20 E 1:  Sue Lingle motioned to approve the text amendment for Section 6.20 E 1.  Dave Hamann seconded.

Motion carried 5-0.

Section 6.24:  Sue Lingle motioned to approve the text amendment for Section 6.24.  Dave Hamann seconded. 

Motion carried 5-0.

Mr. Lover Discussion

Sue Lingle said Mr. Lover has been bringing material onto his land again.  She feels the board shouldnít continue to allow

this, and if he continues, perhaps the township should take him back to court.  Tammy Beal said she agrees.  A copy of

the court is provided in the packets.  Ms. Lingle said Mr. Lover has been ďland balancingĒ for two years. Dan Lowe said

he has talked with Ken Recker and Mark Hathaway from the Drain Commission.  Nothing other than reclaiming should be

done at this point. Mr. Hanvey said Mr. Lover has clearly violated the existing order by cutting trees down. Now heís

violating the existing excavation ordinance by being less than 20 acres, by stockpiling material in the setbacks, not

putting fence up, etc. 

Clark Hall Invoice

Sue Lingle motioned to approve the Clark Hall invoice in the amount of $400. Dave Hamann seconded. Roll call

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


Dave Hamann reported that one meeting was held on April 26. Four ordinance amendments were sent to the county and

public hearings were set.


Provided in packets.


Dan Lowe reported the ZBA met on May 2 and granted variances for Fred Brownís Sundance Lake development. 


Provided in packets.


Provided in packets.  

Dave Hamann motioned to accept the treasurerís report with expenses of $72,452.88.  Tammy Beal seconded.
Motion carried 5-0.

Bob Hanvey reported that land balancing has started on the township park.




Sue Lingle motioned to adjourn the meeting at 11:05 p.m.   Dave Hamann seconded.  Motion carried 5-0.