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                                              Thursday, June 14, 2007


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 May 24, 2007 Regular Meeting Minutes

b.)    May 17, 2007 Planning Commission Special Meeting Report

c.)    May 22, 2007 Planning Commission Regular Meeting Report

d.)    Approval of April 18, 2007 Special Board of Trustees Meeting Minutes

e.)    Approval of April 26, 2007 Special Board of Trustee Meeting Minutes

f.)     Approval of May 10, 2007 Special Board of Trustees Meeting Minutes

g.)    DPW Report

h.)    Treasurer’s Report

i.)      Complaint Report

j.)      Zoning Report

      3.   Lover Show Cause Hearing

4.      Proposed Text Amendment TXT# 13-06 Figure 3-6 Net & Gross Lot Area

5.    High School Tower

6.     Darakjian and Highland Special Assessment

      7.  MHOG Waterline

     8.  Marion Township Roads

·        Salt Brine

·        Cedar Creek

·        Copperfield Villas

·        General Ordinance

·        Construction Update

     9.  Foster, Swift, Collins & Smith Invoice

    10. Hometown Village of Marion Front Yard Setbacks

    11. Expert Witness Contract

    12.  Northern Materials/Northern Lights

    13.  Township Hall Use Policy

    14.  Closed Meeting Minutes Procedure  

    15.  ZBA Report

    16.  Budget Preliminary Review-Set Salaries   

Correspondence/ Updates

   Supreme Court Case

   Copperfield Villas

 For the Good of the Township


Call to the Public

Closed Session for Lease Discussion

Call to the Public


                               DRAFT MINUTES


MEMBERS PRESENT:               Bob Hanvey , Dave Hamann , Travis Hodge, Les Andersen, Paula Wyckoff, Tammy Beal , Dan Lowe (arrived at 7:15 p.m. )

MEMBERS ABSENT:                 None

OTHERS PRESENT:                  Phil Westmoreland , OHM



Bob Hanvey called the meeting to order at 7:02 p.m.



The board members introduced themselves. 


Charlie Musson, 333 Triangle Lake Road :  Mr. Musson said the oath of office the board members took requires them to consider the health, safety and welfare of the residents, and prohibiting a cell tower doesn’t own up to the oath.


Tammy Beal motioned to move agenda item #8 between items #3 and #4.  Dave Hamann seconded.  Motion carried 6-0.  Dave Hamann motioned to approve the agenda as amended.  Les Andersen seconded.  Motion carried 6-0.


Dave Hamann motioned to approve the consent agenda.  Paula Wyckoff seconded.  Motion carried 6-0.


Frank Lover was present for this hearing.  Mr. Lover said the first letter sent by the zoning administrator was out of line because there isn’t a junkyard on his property.  He feels there is selective enforcement on Lucy Road .  He asked what the township wants him to do.  Bob Hanvey said Mr. Lover needs to bring a site plan to the Planning Commission.

Tammy Beal motioned to have Frank Lover fill out a site plan application for the Planning Commission, and to move the cars on the property.  Les Andersen seconded.  Motion carried 7-0.

Dan Lowe asked exactly what Mr. Lover needs to move off the property.  Bob Hanvey said he needs to move any vehicles that he doesn’t own.  Frank Lover said he would have the cars moved within 4-5 days.


Cedar Creek

Mark Montagano, 3386 Prescott:  Mr. Montagano said the issues the Cedar Creek residents want to discuss are road defects and drainage defects in Cedar Creek.  He thanked the board for the opportunity to discuss these issues.  The co-owners of Cedar Creek are requesting Marion Township , pursuant to its ordinances, to use its authority to enforce the site plan requirements at Cedar Creek Estates to correct the road defects and the drainage defects that currently exist. 

Bob Hanvey asked if there is a list or record of specific defects.  Mr. Montagano said there are a number of defects.  He would like to walk the property with the township engineer to document the defects.  Mr. Hanvey asked if the residents have read the Master Deed & Bylaws.  A resident said they understand that the township can’t enforce the Master Deed & Bylaws.  They are asking the township to enforce the site plan that was approved by the Planning Commission.  Mr. Hanvey said the condo documents contain a paragraph that says the township board has the authority to create a special assessment district to bring the private road up to current standards and to divide the cost among the co-owners.  Mr. Montagano said they want the township to enforce the drainage and road defects that don’t comply with the site plan.  Mr. Hanvey asked for specific details.  Mr. Montagano said there are failures in the road structure itself, and conditions that vary from the site plan that don’t adhere to the site plan.  Another issue, just recently, is flooding and wells have been contaminated due to grading issues of each individual site.

Les Andersen asked if an engineering firm would have signed off on that project.  Mr. Hanvey said at that time, the township engineer did not review.  Mr. Montagano said drainage issues were caused by grading on the individual lots. 

Bill Ray, 3589 Prescott:  Mr. Ray said there is no culvert in the low point of the road—it’s 50’ away.  It either doesn’t conform to the design or the design was incorrect.

Les Andersen asked Phil Westmoreland whether the engineer for the project should be liable because they signed off and approved the road.  Mr. Westmoreland said the old ordinance states that the road has to be designed according to Livingston County Road Commission standards.  Under the old ordinance, the township didn’t have an inspector on site.  Les Andersen asked what engineering firm did the project; the residents said Boss Engineering.  Mr. Hanvey referred to a letter received from Boss Engineering that the road was substantially in compliance with the site plan.  Mr. Montagano said they have potholes and ruts 6-8” deep, which indicates the thickness of the asphalt is insufficient.

Les Andersen asked if the Cedar Creek residents are looking for the township’s help in determining whether Boss Engineering incorrectly certified the roads and proceed against Boss Engineering, or are they looking for a special assessment district to repair the roads.  Mr. Montagano said they want the township to use its authority to enforce the site plan requirements.  Mr. Hanvey said the big question is who will correct the roads and who pays for it.  Mr. Hanvey said it’s possible that the grading issues were created by individual owners after the project was completed. 

Dan Lowe asked if anyone has looked at the pieces of the road to see how thick they are.  Mr. Montagano said about 1 ¼”.

Nancy Stebbing, 3481 Prescott:  Ms. Stebbing asked about the certificates of occupancy.  Tammy Beal said the county issues the certificate of occupancy for the actual house.  Mr. Hanvey said the township has a final zoning compliance says the house is where it’s supposed to be.

Mr. Montagano said being that the developer still owes the land, can’t the township force the site requirements to be met. 

Joanne Wreford, 2246 Asbury Court :  Ms. Wreford said she has wetlands on her property and the more construction that’s been going on, the more water she has on her lot.

Cindy Henley, 2500 Ridgewood :  Ms. Henley has lived in Cedar Creek for seven years in August and they are looking for guidance from the township.  They realize they need to hire an attorney.  The roads in Cedar Creek are cracked and collapsing. 

Derrick Dejean, 3517 Prescott:  Mr. Dejean asked if there was a plan submitted that shows how the roads should be built.

Dan Lowe asked the residents to provide a list of houses that flooded.

Scott Lloyd, 5717 Pingree:  Mr. Lloyd said the builder chooses where to put the houses.

Lori VanDoelen, 3724 Prescott:  Ms. VanDoelen said she is getting runoff from the creek into her basement.  Her lot was never graded correctly.  She asked what she can do about this.  She’s talked with the Drain Commissioner’s office and her builder.  Is it a county drain or private drain? 

There is a meeting scheduled for July 10 with the company Mitch Harris hired to handle handing over the association.  Mr. Hanvey asked if any of the residents have actually talked with Mitch Harris.  Ms. Wreford said she has sent him several letters.

Anthony Degram, 3131 Prescott:  Mr. Degram said Mr. Harris did come out to his house a few weeks ago.

Mr. Montagano said he’s sent several letters and hasn’t received a response.

Dave Hamann asked if Mitch Harris is still in control of the association.  Mr. Hanvey said they are actually past the time when the association should be turned over.

Jane Risacher, 3713 Prescott:  Ms. Risacher said final grade shouldn’t be done until all homes are complete.

Derrick Dejean, 3517 Prescott:  Mr. Dejean asked if the low spot were to cave in and it created a hazard, would the township have authority to step in and do something at that point.  Mr. Hanvey said based on the Master Deed, he believes so.

Jerry Sidlar, 3176 Prescott:  Mr. Sidlar asked if the township could send its engineer out and give them something in writing that states the roads are/are not in compliance.

Les Andersen motioned to authorize OHM to inspect the roads in Cedar Creek Estates and determine if they meet the site plan requirements, give an engineer’s opinion of probable cost, and have the township attorney review and give his opinion.  Tammy Beal seconded.  Roll call vote:  Hamann, Lowe, Beal, Hanvey, Wyckoff , Andersen, Hodge—all yes.  Motion carried 7-0.

Copperfield Villas:  This item will be discussed later in the meeting.

General Ordinance:  Bob Hanvey said he feels the private road general ordinance should be in agreement with the land division ordinance and the zoning ordinance regarding whether or not new parcels on a road of any sort have to have frontage.  The land division ordinance allows access on a proposed easement.  The zoning ordinance requires frontage.   Dave Hamann asked if the definitions indicate size.  Charlie Musson said the term parcel should mean metes & bounds, and lot means platted.  Dan Lowe said he thinks access off of an easement should be allowed.  Bob Hanvey will bring suggested wording to the first meeting in July.

Construction Update:  Dave Hamann attended the LCRC meeting and said they have decided to do the 8,000’ between Sexton and Sanitorium this year.  They will start the base repair next Tuesday and pavement overlay on June 29.

Bob Hanvey said on the Peavy/Sexton corners and curves, they have done substantial grading and tree removal.  The township received a request from Mr. Kizer to have the surface finished with limestone rather than gravel, but the LCRC won’t mix the two.  To do limestone on Sexton from D-19 to Keddle would be approximately $100,000.  Les Andersen said the township should express its appreciation to Mr. Kizer for his cooperation (AI #1.) 

Mr. Hanvey said they are trying to figure out where to put the sewer for the Norton Road bridgework project.  There is a meeting on Monday with MDOT to discuss.

Residents of Lantern Village have expressed an interest in establishing a special assessment district to have the public road paved.

Salt Brine:  Tammy Beal reported that one application has been done, and it took five weeks.  She is going to give them one more chance to finish the job in a timely manner.  The clerk will ask for the second application (AI #2).


Dave Hamann motioned to approve text amendment TXT #13-06: Section 3.02, Figure 3-6—Net and Gross Lot Area.  Paula Wyckoff seconded.  Motion carried 7-0.


Tammy Beal passed out an excerpt of Public Act 451 of 1976.  Mr. Hanvey pointed out that this act was passed after the school got started.  The school’s original site plan didn’t include the tower.  Mr. Terres and the school’s attorney came to the township to report they had been approached by SBA to put a cell tower on the school’s property.  The school had planned on putting a tower for their own needs at about 145’ that would be used for buses and communication between the various school sites.  When the cell tower company came, they proposed that they would put their tower in right away and let the high school use it for their antennas, along with the antennas that they had hoped would be located by other cell phone service providers.  Mr. Hanvey called the engineering company and they sent a site plan that shows where they want to locate the tower, and it’s not in conformance with the township’s current ordinance or the proposed ordinance.  It’s located 193’ off of the property line.  According to the current ordinance, it supposed to be at least 200’.  The township suggested that they move the tower.  They want to put up a tower that’s 199’ feet, unlighted, with provision for up to six co-locators.  The adjacent property owner, Glen Hanson, said he would prefer the tower to be a couple hundred feet to the south and to the west, which would get it about 400’ off of his property line.  They school isn’t eager to make that change.  Mr. Hanvey asked for documentation on why the site was selected.   The question for the board is whether there is any suggested action for the board to take. 

Travis Hodge said it wouldn’t be worth fighting over.  Les Andersen said he thinks the township should let it go.  Dave Hamann said he has no problem with what they’re doing.  Dan Lowe said he would like to see it moved.


Bob Hanvey said that Highland paid the most recent special assessment bills.  New bills will be sent out in a few weeks. 

Darakjian didn’t pay the last bill.  One of the options is to begin foreclosure proceedings.  The township has talked with the City of Howell about collecting the special assessments on the city tax bill, but they don’t have all of the necessary approvals yet.  Paula Wyckoff said it was suggested to check with John Axe to see if the township is able to bill them on the winter bill.  Another option is Board of Review.  The treasurer will send reminder notices and send out the statements for the summer special assessment levy as has been done in the past (AI #3.)


The Peavy Road project is underway.  The preconstruction meeting was held last week.


Les Andersen motioned to approve the invoice for $4,929.81.  Tammy Beal seconded.  Roll call vote:  Wyckoff , Hodge, Hanvey, Hamann, Beal, Andersen, Lowe—all yes.  Motion carried 7-0.


No new information on this item.


Bob Hanvey reported that Tom Meagher wants to stay with Stantec.  He will send the contract to the attorney for review (AI #4.)


There hasn’t been any action on this item.


Revised guidelines and application form are included in the packets.  Les Andersen suggested adding the $30 hourly rate to the fifth bullet item.  Paula Wyckoff suggested adding the capacity limits for the basement to item #5.  Les Andersen motioned to approve the Hall Use Policy.  Paula Wyckoff seconded.  Motion carried 7-0.


Tammy Beal passed out minutes from the last three closed sessions for the board members to review.  Future minutes from closed sessions can be reviewed in the clerk’s office.


Dan Lowe reported on the most recent ZBA meeting.  Three requests were heard; two were approved, and one was tabled.


The board members reviewed the preliminary proposed 2007-08 budget.  Bob Hanvey said he proposes a salary increase of 3.7%, and all numbers in the proposed budget assume that.  A budget public hearing will be held at the next board meeting.

Tammy Beal motioned to adopt a resolution to increase non-elected staff salaries by 3.7% for the 2007-08 fiscal year.  Travis Hodge seconded.  Roll call vote:  Lowe—no; Wyckoff —yes; Hamann—no; Hodge—yes; Andersen—yes; Beal—yes; Hanvey—yes.  Resolution passed 5-2.

Tammy Beal motioned to adopt a resolution to increase the treasurer’s salary by 3.7%, for a total of $32,553, for the 2007-08 fiscal year.  Bob Hanvey seconded.  Roll call vote:  Hanvey—yes; Lowe—no; Wyckoff —yes; Beal—yes; Hamann—no; Hodge—yes; Andersen—yes.  Resolution passed 5-2.

Paula Wyckoff motioned to adopt a resolution to increase the clerk’s salary by 3.7%, for a total of $32,553, for the 2007-08 fiscal year.  Travis Hodge seconded.  Roll call vote:  Beal—yes; Hanvey—yes; Hodge—yes; Andersen—yes; Lowe—no; Wyckoff —yes; Hamann—no.  Resolution passed 5-2.

Paula Wyckoff motioned to adopt a resolution to increase the supervisor’s salary by 3.7%, for a total of $32,553, for the 2007-08 fiscal year.  Travis Hodge seconded.  Dan Lowe said he would like to increase Mr. Hanvey’s salary by more than 3.7%.  Mr. Hanvey said he’s happy with the proposed increase.  Roll call vote:  Hodge—yes; Beal—yes; Andersen—yes; Lowe—yes; Hanvey—yes; Hamann—no; Wyckoff --yes.  Resolution passed 6-1.


There hasn’t been any action on the Supreme Court case.

Copperfield Villas:  Phil Westmoreland said that a representative from Boss Engineering will take a look at the roads and call Phil back.


The Marion Oaks case is done, and a consent judgment is in place.

ITC wants to sponsor something for the township for $1,000.  Les Andersen said using the money for parks is a good idea. 

Tammy Beal said that Mrs. Douglas, who owns property adjacent to Lakeside Cemetery , is not interested in selling any land at this point.  The township board will send her a letter indicating interest in the property if she decides to sell.

Bob Hanvey reported that approximately 30 watershed stakes have been put up.

Paula Wyckoff said the new park is moving along, and they are looking at signage.  She also said the township needs a park ordinance.

Motion by Tammy Beal at 10:08 p.m. to go into a closed session to consider a lease agreement.  Paula Wyckoff seconded it.

Roll call vote:

Yeas: Dave Hamann , Dan Lowe, Tammy Beal , Bob Hanvey , Paula Wyckoff, Les Andersen, Travis Hodge

Nays: None

Roll call vote to go back into open session.

Yeas: Paula Wyckoff, Travis Hodge, Bob Hanvey , Dave Hamann , Tammy Beal , Les Andersen, Dan Lowe

Nays: None

Closed session ended at 10:22 p.m. , open session started again.

Resolution by Dave Hamann to have Supervisor Bob Hanvey or Clerk Tammy Beal contact Verizon representative to discuss lease agreement and sign contract if presented.

Travis Hodge seconded it.

Roll call vote:

Yeas: Tammy Beal , Bob Hanvey , Travis Hodge, Les Andersen, Dan Lowe, Paula Wyckoff, Dave Hamann

Nays: None

Call to Public: None Heard

Travis Hodge motioned to adjourn. At 10:25 p.m. , Dave Hamann seconded it.