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     BOARD OF TRUSTEES

 AGENDA and DRAFT MINUTES

                                  Thursday, June 25, 2009

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 June 11, 2009 Regular Meeting Minutes

b.)    Planning Commission Report for May 26, 2009

c.)    Highland MTT Invoices

3.      Adopt/ Amend 2008-2009 Budget

4.      Adopt 2009-2010 General Fund Budget

5.      Adopt 2009-2010 Misc.

6.      Township Salaries

7.      Reimbursement for Employees that do not take Insurance

8.      Preliminary Review of TXT # 06-08 Section 6.07 Accessory Uses and Structures

9.      Cell Tower Trees

10.  Marion Retail Center

11.  Hometown Village

12.  Marion Oaks

13.  Marion Township Roads

14.  Private Road SAD interest rates

15.  Parking Lot Resealing

16.  Marion Township Park II Property

17.  Heritage Days

18.  Fire Budget

19.  Fire Hall Lease

20.  Copperfield Unit  

***Planning Commission Approvals

Correspondence/ Updates

      Chestnut

      Pump Stations  ($475.00 each)

****NOTICE***

·        The next Board meeting packet will be ready for pick up July 6, 2009 at 3:00 pm.

·        The joint meeting between the Board of Trustees and the Planning Commission concerning Marion Township Parks and Howell Area Parks & Recreation will be July 8, 2009 at 7:00 pm.  

Call to the Public

Adjournment

                                                 DRAFT MINUTES                                                                   

MEMBERS PRESENT:               Bob Hanvey, Paula Wyckoff , Dan Lowe, Scott Lloyd, Les Andersen , and Travis Hodge

MEMBERS ABSENT:                 Tammy Beal

OTHERS PRESENT:                  Phil Westmoreland , OHM

Chris Arsenault, Pfeffer, Hanniford & Palka

Annette McNamara , Zoning Administrator

                                                                                                ************************************************************************************************************************

CALL TO ORDER

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

PLEDGE TO FLAG

BOARD MEMBERS PRESENT

The board members introduced themselves. 

CALL TO THE PUBLIC

Kristina Lovrenich, 596 Hewitt, was present to request that the board enforce the bylaws for Sunridge with regard to sidewalks and trees.  She said the developer (Mitch Harris) refuses to comply.  She has contacted the Michigan Attorney General, whose office said the township should enforce the restrictions for the common areas.

Andrew Lovrenich, 596 Hewitt, said Mitch Harris won’t turn the association over to the homeowners, and he’s collecting association dues of approximately $22,000.  The dues money should be used for the development; however, services have decreased.

Dan Lowe suggested the homeowners set up an escrow account for association dues rather than send it to Mitch Harris.  Mr. Lovrenich said they’ve only just received a copy of the 2008 budget; dues are paid yearly in January.  Mrs. Lovrenich said the entranceway isn’t mowed and the grass is very tall. 

Les Andersen related a similar incident in Oceola Township and said the advice the residents were given there was to hire an attorney.  Bob Hanvey said the township could have influence on trees in the common area, but not the individual parcels.

Dan Lowe motioned to withhold future land use permits for Sunridge until the sidewalks in the open space that are required according to the PUD agreement are in place, and the trees in the common areas are planted.  Les Andersen seconded.  Motion carried 6-0.

APPROVAL OF AGENDA

Bob Hanvey asked to have Parks Approvals added as item #21, and MDA Fundraiser as item #22.  Les Andersen motioned to approve the agenda as amended.   Paula Wyckoff seconded.  Motion carried 6-0.

CONSENT AGENDA

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

ADOPT/AMEND 2008-09 BUDGET

Les Andersen motioned to adopt a resolution approving the 2008-09 General Fund budget amendments by activity.  Paula Wyckoff seconded.  Roll call vote: Wyckoff , Hodge, Hanvey, Lloyd, Andersen, Lowe—all yes.  Resolution passed 6-0.

APPROVAL OF 2009-2010 GENERAL FUND BUDGET

Scott Lloyd motioned to adopt a resolution to approve the General Fund proposed budget for fiscal year 2009-2010 by activity.  Les Andersen seconded.  Roll call vote:  Andersen, Hodge, Wyckoff , Lowe, Hanvey, Lloyd—all yes.  Resolution passed 6-0.

APPROVAL OF 2009-2010 MISCELLANEOUS BUDGETS

Water Special Revenue Fund:  Travis Hodge motioned to adopt a resolution to approve the Water Special Revenue Fund proposed budget for fiscal year 2009-2010 by activity.  Les Andersen seconded.  Roll call vote:  Hanvey, Lowe, Wyckoff , Lloyd, Hodge, Andersen—all yes.  Resolution passed 6-0.

Water New User:  Scott Lloyd motioned to adopt a resolution to approve the Water New User proposed budget for fiscal year 2009-2010 by activity.  Paula Wyckoff seconded.  Roll call vote:  Hodge, Andersen, Lowe, Hanvey, Lloyd, Wyckoff —all yes.  Resolution passed 6-0.

Sewer Fund:  Scott Lloyd motioned to adopt a resolution to approve the Sewer Fund proposed budget for fiscal year 2009-2010 by activity.  Travis Hodge seconded.  Roll call vote:  Lowe, Wyckoff , Lloyd, Hodge, Andersen, Hanvey—all yes.  Resolution passed 6-0.

Cemetery Fund:  Travis Hodge motioned to adopt a resolution to approve the Cemetery Fund proposed budget for fiscal year 2009-2010 by activity.  Paula Wyckoff seconded.  Roll call vote:  Lowe, Lloyd, Hanvey, Wyckoff , Andersen, Hodge—all yes.  Resolution passed 6-0.

Private Road Fund:  Les Andersen motioned to adopt a resolution to approve the Private Road Fund proposed budget for fiscal year 2009-2010 by activity.  Scott Lloyd seconded.  Roll call vote:  Wyckoff , Hodge, Hanvey, Lloyd, Andersen, Lowe—all yes.  Resolution passed 6-0.

Parks Fund:  Paula Wyckoff motioned to adopt a resolution to approve the Parks Fund proposed budget for fiscal year 2009-2010 by activity.  Les Andersen seconded.  Roll call vote:  Andersen, Hodge, Wyckoff , Lowe, Hanvey, Lloyd—al yes.  Resolution passed 6-0.

Flexible Savings Plan:  Paula Wyckoff motioned to adopt a resolution to approve the Flexible Savings Plan proposed budget for fiscal year 2009-2010 by activity.  Scott Lloyd seconded.  Roll call vote:  Hanvey, Lowe, Wyckoff , Lloyd, Hodge, Andersen—all yes.  Resolution passed 6-0.

MARION RETAIL CENTER

Phil Westmoreland said the township needs to verify that the manhole that was leaking has been fixed—he will have it checked next week.  The other three items that are required are bolt down the covers, TV the line, and get a maintenance/guarantee bond.  Mr. Westmoreland said it should probably be cleaned from the drain to Francis Road .  Bob Hanvey said the usage is still 20% higher than it should be.  Northline felt they might have a problem getting a bond; John Lowe said that Mr. Jappaya can get the bond.  Mr. Hanvey also said a paving project contractor came to the office to discuss a change in the site plan.  The Livingston County Road Commission is not happy with the runoff.  Mr. Hanvey will also talk with Pat Gibbons regarding the seal at the Peavy pump station (AI #1).

TOWNSHIP ROADS

Les Andersen motioned to authorize Phil Westmoreland to talk with the Livingston County Road Commission about the County Farm Road project.  Travis Hodge seconded.  Motion carried 6-0.

TOWNSHIP SALARIES

Les Andersen motioned to adopt a resolution approving the Supervisor’s salary of $33,300.  Paula Wyckoff seconded.  Roll call vote:  Hodge, Andersen, Lowe, Hanvey, Lloyd, Wyckoff —all yes.  Resolution passed 6-0.

Paula Wyckoff motioned to adopt a resolution approving the Clerk’s salary of $33,300.  Les Andersen seconded.  Roll call vote:  Lowe, Wyckoff , Lloyd, Hodge, Andersen, Hanvey—all yes.  Resolution passed 6-0.

Scott Lloyd motioned to adopt a resolution approving the Treasurer’s salary of $33,300.  Travis Hodge seconded.  Roll call vote:  Lowe, Lloyd, Hanvey, Wyckoff , Andersen, Hodge—all yes.  Resolution passed 6-0.

Bob Hanvey motioned to adopt a resolution approving an annual salary of $7,416 for each of the four trustees.  Paula Wyckoff seconded.  Roll call vote:  Wyckoff , Andersen, Hodge, Hanvey, Lloyd, Lowe—all yes.  Resolution passed 6-0.

Les Andersen motioned to adopt a resolution approving staff salaries as provided in handout.  Paula Wyckoff seconded.  Roll call vote:  Andersen—yes; Hanvey—yes; Lloyd—yes; Lowe—no; Hodge—yes; Wyckoff —yes.  Resolution passed 5-1.

REIMBURSEMENT FOR EMPLOYEES NOT TAKING INSURANCE

Les Andersen motioned to adopt a resolution to keep the opt-out reimbursement at the same amount and to amend the handbook verbiage and review annually.  Paula Wyckoff seconded.  Roll call vote:  Hanvey—yes; Lowe—yes; Wyckoff —yes; Lloyd—no; Hodge—no; Andersen—yes.  Resolution passed 4-2.

PRELIMINARY REVIEW OF TXT #06-08—SECTION 6.07:  ACCESSORY USES AND STRUCTURES

Annette McNamara said if preliminary approval is granted, the language will be sent to the county for review and comment.  It will come back to the township board for final approval.

Paula Wyckoff motioned to send TXT #06-08 to the Livingston County Planning Department for review and comment.  Les Andersen seconded.  Motion carried 6-0.

CELL TOWER TREES

Bob Hanvey and Dan Lowe met with an attorney representing AT&T and the trees have been replaced.  Bob Hanvey took pictures of some of the trees that aren’t tall enough and are not planted properly.  Dan Lowe said he spoke with the attorney and discussed $350 per tree.

HOMETOWN VILLAGE

The concrete has been removed.  Dan Lowe attended a portion of the HVM homeowner’s meeting this week.  Bob Hanvey met with the representative who said they would withdraw the MTT case—nothing’s been heard from the tribunal.  Mr. Hanvey said Phase 3 is up for right of refusal purchase for the township in July, and the public auction is July 22.  The minimum bid at public auction is $370,000; almost all of it is interest and principal on sewer and water special assessments.  He feels the township should bid the minimum amount.  Mr. Lowe asked if there would be association dues on the 95 lots.  Mr. Hanvey said he’s not sure.

MARION OAKS

Bob Hanvey reported that nothing’s been heard from the attorney.  The Wilsons are cutting the hay.

PRIVATE ROAD SAD INTEREST RATES

Travis Hodge motioned to reduce the Love’s Creek SAD interest rate from 8% to 5%.  Paula Wyckoff seconded.  Roll call vote:  Hodge—yes; Lloyd—abstained (owns two lots); Lowe—yes; Wyckoff —yes; Hanvey—yes; Andersen—yes.  Motion carried 5-0 (1 abstention.)

Les Andersen motioned to reduce Brent Drive SAD interest rate from 8% to 5%.  Dan Lowe seconded.  Roll call vote:  Lloyd, Lowe, Wyckoff , Hanvey, Andersen, Hodge—all yes.  Motion carried 6-0.

PARKING LOT RESEALING

The work was scheduled for Friday, June 19 but wasn’t done.  The township will pay for the overbanding, not the striping or sealing.

TOWNSHIP PARK #2 PROPERTY

Bob Hanvey said Mr. Mitroka was supposed to visit during Heritage Days, but he hasn’t talked with him.  John Lowe presented information on a gazebo, conventional construction vs. pre-engineered.  The price range is $15,000-$17,000 for a 20-25’ structure.  Scott Lloyd said they would like to do something before fall.  Mr. Lowe will get estimates on two sizes.

HERITAGE DAYS

The meeting has been scheduled in July to discuss next year’s event.  Mr. Hanvey said there were approximately 450 car loads each day.

FIRE BUDGET

Travis Hodge motioned to adopt a resolution approving the Howell Area Fire Authority 2008-09 budget amendments as presented in Resolution #02-09, approved by the Fire Authority Board at its June 17, 2009 meeting.  Les Andersen seconded.  Roll call vote:  Lowe, Andersen, Lloyd, Hanvey, Hodge, Wyckoff —all yes.  Resolution passed 6-0.

FIRE HALL LEASE

Travis Hodge motioned to adopt a resolution to approve the HAFA fire station lease for fiscal year 2009-2010.  Paula Wyckoff seconded.  Roll call vote:  Andersen, Hanvey, Lloyd, Hodge, Wyckoff , Lowe—all yes.  Resolution passed 6-0.

COPPERFIELD UNIT

A handout is in the packet regarding property acquisition costs.  Bob Hanvey motioned to adopt a resolution to purchase Lots 26 through 30 for the minimum bid price at the right of refusal sale.  Paula Wyckoff seconded.  Roll call vote:  Wyckoff —yes; Lloyd—yes; Hodge—no; Lowe—yes; Andersen—no; Hanvey—yes.  Resolution passed 4-2.

PARKS APPROVALS

Paula Wyckoff said the Parks Advisory Committee met this week and would like to purchase field marking machine and paint at a cost of $168.46.  Les Andersen motioned to approve $168.46 for a field marking machine and paint for the township park.  Scott Lloyd seconded.  Roll call vote:  Lowe, Hanvey, Andersen, Hodge, Lloyd, Wyckoff —all yes.  Motion carried 6-0.

Les Andersen motioned to appoint the Communication Committee to take responsibility for the horseshoe pits.  Scott Lloyd seconded.  Motion carried 6-0.

MDA FUNDRAISER

Travis Hodge said the Fire Department has requested support from the township board for a boot drive for MDA .  Les Andersen motioned to support the effort of the Fire Department for a charity boot drive.  Paula Wyckoff seconded.  Motion carried 6-0.

CORRESPONDENCE/UPDATES

A letter from Jean Root , Planning Commissioner, is included in the packet.  Bob Hanvey said he would like to postpone action on the Planning Commission budget until he can provide a copy of PA 33 of 2008 for the next meeting.  The board discussed costs of a master plan update, and Annette McNamara said that Kathleen Kline-Hudson from Livingston County Planning said they would help with the maps.

Bob Hanvey updated the board members on the Chestnut case.

The pumps for the pump stations will be ordered as soon as possible.

CALL TO THE PUBLIC

None.

ADJOURNMENT

Travis Hodge motioned to adjourn at 10:05 p.m.   Paula Wyckoff seconded.  Motion carried 6-0.