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                                June 28, 2007 

                   AGENDA and BOARD MINUTES

                         BUDGET HEARING - DRAFT MINUTES 

 

MEMBERS PRESENT:               Bob Hanvey , Paula Wyckoff, Dan Lowe, Tammy Beal , Dave Hamann , and Les Andersen

MEMBERS ABSENT:                 Travis Hodge

OTHERS PRESENT:                  Ken Palka, Pfeffer, Hanniford & Palka

Chris Arsenault, Pfeffer, Hanniford & Palka                                          

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

CALL TO ORDER

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

MEMBERS PRESENT

The board members introduced themselves.

CALL TO THE PUBLIC

None.

BUDGET PRESENTATION

Bob Hanvey said this is the Truth in Taxation Budget Hearing.  The budget is based upon approval of a millage, which is calculated for this year at 0.8216 mils. 

Scott Lloyd, 5715 Pingree:  Mr. Lloyd asked if this is the maximum allowed by the state.  Mr. Hanvey said yes.  Mr. Lloyd asked who decides if the township takes the maximum.  Mr. Hanvey said the board. 

Mr. Hanvey provided a handout of the proposed budget amendments for Fiscal Year 2006-07 and the proposed budget for Fiscal Year 2007-08.

Exhibit A—General Fund Proposed Budget Amendments for Fiscal Year 2006-07

There are minor adjustments to the current year’s budget.  School elections are now separate from general elections.  The Phase II funds have been distributed a little differently.  The DPW coordinator’s role has been reallocated.  The revised amended budget’s total income is $1,080,646 and the revised expenditures are $1,150,930.  The ending fund balance is $1,380,744.  Dave Hamann asked if the two road projects are included in the amended budget even if they haven’t been paid for.  Bob Hanvey said the contract has been signed and the work is scheduled to be done.  Based on advice from the accountant, the amounts have been put in the current year’s budget.  Mr. Hamann asked whether the amounts for consultants under Marion Oaks and Chestnut included the planner.  Mr. Hanvey said there was engineering consulting involved in the lawsuit.  The planner is not included. 

Exhibit B—General Fund Proposed Budget for Fiscal Year 2007-08

Mr. Hanvey said the amount for State Shared Revenue has changed to $458,607 is posted on their website.  The calculation is based on their estimates and it reflects the offsetting fiscal years.  The property tax amount is based on the actual taxable value and assumes the millage rate of 0.8216.  The total revenue is $1,079,715.  Bruce Love asked how many people are covered by Blue Cross.  Tammy Beal said nine. 

The board reviewed expenses in the proposed budget.  Mr. Hanvey said under “Litigation,” the Chestnut trial is now scheduled to begin on Monday.  The amount budgeted is based on trial times and expert witness times.  Marion Oaks has been settled and there shouldn’t be any more litigation fees.  Under “Professional Fees,” engineering fees have been moved to categories that reflect the type of work being done.  Most engineering fees will be transferred to the Planning Commission or ZBA.  Attorney fees have been distributed to lawsuits, planning or zoning categories.  Under ‘Roads,” $25,000 has been allocated for maintenance and $90,000 for dust control.  The allocation of funds to roads can also be made from the fund balance.  Under “Equipment,” some of the software needs to be updated.  The total expenditures are $1,092,059.  The projected ending fund balance is $1,368,400. 

Scott Lloyd, 5715 Pingree:  Mr. Lloyd questioned the amount for health insurance, which comes out to $13,333 per employee.  Mr. Hanvey said there are employees who don’t take health insurance that are paid a stipend for not taking it.  Mr. Lloyd said the amount seems high, and asked about cost sharing.  Mr. Hanvey said there is cost sharing of 10%. 

Bruce Love, 2876 Cedar Lake Road :  Mr. Love asked about the amount for trustees.  Mr. Hanvey said the prior year’s budget didn’t include a full year for all trustees.  The annual rate per trustee is the same. 

Exhibit C—Sewer Fund Proposed Budget for Fiscal Year 2007-08

Mr. Hanvey said the operation of the sewer plant is combined with the financing of the installation.  For 2007-08, the operating part is separated from the bond funding. 

Exhibit D—Water New User Fund Proposed Budget for Fiscal Year 2007-08

This budget is for money collected as a result of customers who use the water system who are not backed by bonds.  This money can be used for upgrades.

Exhibit E—Water Special Revenue Fund Proposed Budget for Fiscal Year 2007-08

MHOG does the billing for water, so the only revenue from the special assessment is the money that the users pay over 20 years to finance the installation of the water lines and water plant. 

Exhibit F—Love’s Creek Fund Proposed Budget for Fiscal Year 2007-08

This is a maintenance fund.  If the Love’s Creek residents want to continue with their project, this budget will have to be redone. 

Exhibit G—Cemetery Fund Proposed Budget for Fiscal Year 2007-08

The cemetery fund is used to maintain the cemeteries.  The fund isn’t supported by the sale of grave sites, so it is supplemented with money from the General Fund.

Exhibit H—Recreation Fund Proposed Budget for Fiscal Year 2007-08

The Recreation Committee reviewed the budget, which was prepared by a subcommittee.  Bruce Love asked if the township’s park is being used.  Mr. Hanvey said yes.  The township is working on the walking paths, and the swingset is up, there’s a soccer field laid out, and baseball diamond.  Mr. Love asked if there is a fence around it.  Paula Wyckoff said there’s a decorative fence and a locking gate.

Krista Grossmeyer, 3669 Prescott:  Ms. Grossmeyer asked where the park is.

Bruce Love asked how big the park is.  Mr. Hanvey said 8-10 acres.  The part that’s used for soccer and baseball is about 4 acres, and there’s a natural area of 3-4 acres where the walking path will be. 

Nancy Stebbing, 3481 Prescott:  Ms. Stebbing asked if this is the fund that the contribution to Howell Parks & Recreation comes from.  Money from this fund is sent to the Authority, but the township’s park is separate from the Authority. Mr. Hanvey explained the three-tier system for Howell Parks & Rec. 

Exhibit I—Road Project Fund Proposed Budget for Fiscal Year 2007-08

The income in this budget is $25.

CALL TO THE PUBLIC

Thomas Bauer, 5757 Lange:  Mr. Bauer asked if the township had to contribute any money when there was flooding on Pingree Road recently.  Mr. Hanvey said no.

ADJOURNMENT

Tammy Beal motioned to adjourn the public hearing at 7:43 p.m.   Les Andersen seconded.  Motion carried 6-0.

                                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 June 14, 2007 Regular Meeting Minutes

b.)    Approval of June 14, 2007 Closed meeting Minutes

c.)    General Fund Investments

d.)    Parks & Recreation Report

3.     Presentation of the 2007-2008 Budget

4.    Truth in Taxation Millage Rate (.8216)

5.     Premier Farms

      6.  Clark Hill Invoice

7.      Darakjian and Highland Special Assessment

      8.  MHOG Waterline

      9.  Marion Township Roads

                                                              i.      Cedar Creek

                                                            ii.      Norton Road Bridge

      10. Hometown Village of Marion Front Yard Setbacks 

      11. Professional Service Agreements for Litigation

       12. Fire Station Lease 2007-2008  

       13. Community Wastewater Utility Systems

 Correspondence/ Updates

   Supreme Court Case

 For the Good of the Township

Call to the Public

Adjournment

                                              DRAFT MINUTES

MEMBERS PRESENT:              Bob Hanvey , Paula Wyckoff, Dan Lowe, Dave Hamann , Tammy Beal , and Les Andersen  

MEMBERS ABSENT:                 Travis Hodge

OTHERS PRESENT:                  Phil Westmoreland , OHM

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

CALL TO ORDER

Bob Hanvey called the meeting to order at 7:43 p.m.  

PLEDGE TO FLAG

BOARD MEMBERS PRESENT

The board members introduced themselves. 

CALL TO THE PUBLIC

Thomas Bauer, 5757 Lange:  Mr. Bauer asked the board to send a letter to the state’s attorney general office regarding the recent appointment of Dean Miller to the Howell School Board.  Mr. Bauer asked the board to condemn the action as unconstitutional.  Bob Hanvey asked Mr. Bauer if he knows what statute supports that.  Mr. Bauer said he will write a letter to the township board with this request.

Bruce Love, 2876 Cedar Lake Road :  Mr. Love referred to the March 22, 2007 minutes and the item concerning disbanding the road committee.  He would like to see a road millage.  In the last election, four municipalities passed road millages.  He also said he feels a salary increase for part-time employees and officials is not warranted.  Mr. Hanvey said many places consider full-time less than 40 hours, such as the University of Michigan , where his wife worked 24 hours and was considered full-time.

Cynthia Henley, 2500 Ridgewood Drive :  Ms. Henley said the reason that Mr. Hanvey’s wife was considered a full-time employee for 24 hours of work is because there’s a nursing shortage.

APPROVAL OF AGENDA

Dave Hamann motioned to approve the agenda.  Les Andersen seconded.  Motion carried 6-0.

CONSENT AGENDA

Tammy Beal motioned to remove approval of the June 14, 2007 minutes from the consent agenda and place under the item for Cedar Creek. Dave Hamann seconded.  Motion carried 6-0.

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

TRUSTEE SALARIES

Bob Hanvey motioned to adopt a resolution approving a salary of $7,416 for the township trustees.  Tammy Beal seconded.  Roll call vote:  Hamann—no; Lowe, Beal, Hanvey, Wyckoff , Andersen—all yes.  Resolution passed 5-1.

TRUTH IN TAXATION MILLAGE RATE

Bob Hanvey motioned to adopt a resolution to set the 2007-08 millage rate at 0.8216.  Paula Wyckoff seconded.  Roll call vote: Wyckoff , Hanvey, Hamann, Beal, Andersen, Lowe—all yes.  

Resolution passed 6-0.

APPROVAL OF BUDGETS

Dave Hamann motioned to adopt a resolution to approve amendments to the Fiscal Year 2006-07 General Fund budget with total revenue of $1,080,646 and expenses of $1,150,930.  Tammy Beal seconded.  Roll call vote:  Beal, Hanvey, Andersen, Lowe, Wyckoff , Hamann—all yes.  Resolution passed 6-0.

Dave Hamann motioned to adopt a resolution to approve the General Fund Proposed Budget for Fiscal Year 2007-08 with revenue of $1,079,715 and expenses of $1,092,059.  Paula Wyckoff seconded.  Roll call vote:  Hanvey, Lowe, Wyckoff , Beal, Hamann, Andersen—all yes.  Resolution passed 6-0.

Tammy Beal motioned to adopt a resolution to approve the Sewer Fund Proposed Budget for Fiscal Year 2007-08 with revenue of $1,158,000 and expenses of $1,454,545.Dan Lowe seconded.  Roll call vote:  Beal, Andersen, Lowe, Hanvey, Hamann, Wyckoff —all yes.  Resolution passed 6-0.

Paula Wyckoff motioned to adopt a resolution to approve the Water New User Proposed Budget for Fiscal Year 2007-08 with revenue of $227,831 and expenses of $1,000. Dave Hamann seconded.  Roll call vote:  Lowe, Wyckoff , Hamann, Andersen, Beal, Hanvey—all yes.  Resolution passed 6-0.

Les Andersen motioned to adopt a resolution to approve the Water Special Revenue Fund Proposed Budget for Fiscal Year 2007-08 with revenue of $413,000 and expenses of $422,903.  Dave Hamann seconded.  Roll call vote:  Hamann, Lowe, Beal, Hanvey, Wyckoff , Andersen—all yes.  Resolution passed 6-0.

Les Andersen motioned to adopt a resolution to approve the Love’s Creek Fund Proposed Budget for Fiscal Year 2007-08 with no revenue and expenses of $3,000.  Paula Wyckoff seconded.  Roll call vote:  Wyckoff , Hanvey, Lowe, Beal, Andersen, Lowe—all yes.  Resolution passed 6-0.

Dave Hamann motioned to adopt a resolution to approve the Cemetery Fund Proposed Budget for Fiscal Year 2007-08 with revenue of $14,600 and expenses of $13,500.  Tammy Beal seconded.  Roll call vote:  Beal, Hanvey, Andersen, Lowe, Wyckoff , Hamann—all yes.  Resolution passed 6-0.

Les Andersen motioned to adopt a resolution to approve the Recreation Fund Proposed Budget for Fiscal Year 2007-08 with revenue of $84,500 and expenses of $104,000.  Paula Wyckoff seconded.  Roll call vote:  Hanvey, Lowe, Wyckoff , Beal, Hamann, Andersen—all yes.  Resolution passed 6-0.

Dave Hamann motioned to adopt a resolution to approve the Road Fund Proposed Budget for Fiscal Year 2007-08 with revenue of $25 and no expenses. Paula Wyckoff seconded.  Roll call vote:  Beal, Andersen, Lowe, Hanvey, Hamann, Wyckoff —all yes.  Resolution passed 6-0.

PREMIER FARMS

A tour of the property will be held on Tuesday, July 10 at 6:00 p.m.   This will be a joint meeting with the Planning Commission and Board of Trustees.  The public is welcome to attend and information will be available on the website and cable channel.

CLARK HILL INVOICE

Dave Hamann motioned to adopt a resolution to approve the Clark Hill invoice for $3,850.  Tammy Beal seconded.  Roll call vote: Lowe, Wyckoff, Hamann, Andersen, Beal, Hanvey—all yes.  Resolution passed 6-0.

DARAKJIAN/HIGHLAND SPECIAL ASSESSMENT

An agreement hasn’t been worked out yet.  Invoices are prepared and are ready to be mailed next week.

MHOG WATERLINE

Bob Hanvey said everything is pretty much in except the river crossing.  Dave Hamann motioned to adopt a resolution to approve and sign the Sunridge easement agreement until the site condo is in place.  Dan Lowe seconded.  Roll call vote:  Hamann, Lowe, Beal, Hanvey, Wyckoff , Andersen—all yes.  Resolution passed 6-0.

TOWNSHIP ROADS

Norton Road Bridge :  Bob Hanvey provided an update on this project.

Salt Brine Application:   Tammy Beal said they started with the second application yesterday.

Cedar Creek

Mark Montagano, 3386 Prescott:  Mr. Montagano asked to have the minutes from the 6/14/07 meeting amended.  He feels comments attributed to him were taken out of context.  The board explained to Mr. Montagano that the minutes don’t attempt to record every word.  Dave Hamann motioned to table approval of the 6/14/07 Regular Board Minutes to review the audiotapes.  Les Andersen seconded.  Motion carried 6-0.

Bob Hanvey said he and Phil Westmoreland drove through the property last week.  Mr. Westmoreland also looked at the property with Mr. Montagano.  He will prepare the cost estimate and submit to the township.  The township attorney is reviewing whether there’s a time limitation on the township’s authority to enforce the site plan and will respond to the township.

Mark Montagano, 3386 Prescott:  Mr. Montagano said 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. 

Joanne Wreford, 2246 Ashbury Court :  Ms. Wreford asked Mr. Westmoreland if he had any impressions or noticed anything he felt was unusual.  Mr. Westmoreland said the thickness of the asphalt isn’t what it should be in areas.

Krista Grossmeyer, 3669 Prescott:  Ms. Grossmeyer asked about well contamination and asked whether water should be tested.  Mr. Westmoreland said that other than a few lots, it’s probably not necessary.

Nancy Stebbing, 3481 Prescott:  Ms. Stebbing asked if there are steps that the township can take to prevent further development of the vacant sites.  Mr. Hanvey said when the township gets a report from OHM as to what the characteristics of the site are and what the suggested repairs are, a decision will be made.  Ms. Stebbing said she doesn’t want to see them come in and put in another house.  Mr. Hanvey said the township doesn’t have the authority to prevent a builder from digging a deeper basement than makes sense.  Mr. Montagano said the township has the authority to enforce that the grading be correct by having the engineer inspect it, and that’s written in their Master Deed. 

Mr. Montagano said the township does have the authority to inspect based on their Master Deed & Bylaws.  Mr. Hanvey said the attorney is looking at that, and his report should be back before OHM has its report done.  Les Andersen pointed out that the money being spent on the engineer and attorney is above and beyond the township’s responsibility and is paid for by the taxpayers. 

Dave Hamann asked if it would be helpful for the board members to see the site plan and see what was in place.   Mr. Hanvey said the site plans and Master Deed & Bylaws are available for review at the township. 

Mr. Montagano said the road was built on wetlands.  Certain procedures need to be done in order to accommodate the weight of the road.  According to residents who have lived in Cedar Creek since the beginning, the road sunk within one year of installation.

After further discussion, the board of trustees said more information will be available once the engineer and attorney have completed their reviews.

HOMETOWN VILLAGE OF MARION FRONT YARD SETBACKS

No action on this item.

PROFESSIONAL SERVICE AGREEMENTS FOR LITIGATION

Bob Hanvey said the township won’t be using Stantech for anything in the trial.  The township does owe them some money for work that’s already been done.  They have a corporate policy about having a contract in place.  The township’s attorney has advised against signing the proposed contract.  Mr. Hanvey will work on the procedure to pay Stantech (AI #1.)

2007-08 FIRE STATION LEASE

Les Andersen motioned to adopt a resolution to approve and sign the fire station lease for 2007-08.  Paula Wyckoff seconded.  Roll call vote:  Wyckoff , Hanvey, Hamann, Beal, Andersen, Lowe—all yes.  Resolution passed 6-0.

COMMUNITY WASTEWATER UTILITY SYSTEMS/PROPOSED TEXT AMENDMENTS

The township attorney’s response to the township is included in the packet, along with a document that incorporates all of the changes that were made.  Bob Hanvey recommends that the board accept the document, dated 6/28/07 , as presented.  Mr. Hanvey said the township may need another version for existing project someday. 

Tammy Beal motioned to approve the text amendments Z-61-06, Z-62-06, Z-63-06, Z-64-06, and Z-65-06.  Dave Hamann seconded.  Motion carried 6-0.

Dave Hamann motioned to adopt a resolution to approve the General Ordinance for Community Wastewater Utility Systems, to become effective seven days after publication.  Les Andersen seconded.  Roll call vote:  Beal, Hanvey, Andersen, Lowe, Wyckoff, Hamann—all yes.  Resolution passed 6-0.

CELL TOWER LEASE

The township attorney has reviewed the lease and he has some suggested changes.  He has talked with the attorney who provided the lease agreement and they have essentially agreed on the changes.  Dave Hamann motioned to adopt a resolution to accept the lease from Verizon with the condition that the township attorney can negotiate the issues he has with the applicant.  Les Andersen seconded.  Discussion:  Dan Lowe questioned the length of the agreement—20 years.  Bob Hanvey said the attorney is saying the township should have an option on that; he wants to add something so the township doesn’t have to say yes every time.  It’s similar to the AT&T lease.  Paula Wyckoff said she believes the language is the same.  Roll call vote:  Hanvey, Lowe, Wyckoff , Beal, Hamann, Andersen—all yes.  Resolution passed 6-0.

CORRESPONDENCE/UPDATES

Bob Hanvey said the township received a letter from the Drain Commission regarding Turtle Creek.  He will forward a copy to the township engineer.

The township received a letter from Boss Engineering regarding Copperfield Villas.  Dave Hamann said the process in place won’t catch everything.  Dan Lowe said that nothing should be touched unless the township engineer is there.  Phil Westmoreland will respond to Boss Engineering (AI #2.)

The township received a letter from Rick Terres regarding the communication tower that Bob Hanvey read to the board members.  The Planning Commission sent a letter today regarding placement of the tower, including a print of the site with an indication of where the tower should be.  They will be sending a second letter regarding the sign.

The McCracken case was scheduled for court today, but Mr. McCracken didn’t show up.  The judge fined him $500 and Mr. McCracken has 30 days to move the structure or the township can move it for him and send him the bill, or the amount can be placed on his taxes.

On Monday at 8:30 a.m. , the Chestnut trial is supposed to begin.  It’s been postponed eight or nine times, but the attorney is confident that it should start on Monday.

No new information on the Supreme Court case.

FOR THE GOOD OF THE TOWNSHIP

Paula Wyckoff said at the last Howell Area Parks & Recreation Authority meeting, it was explained that in previous years, the City of Howell allowed its employees to take classes at a discounted price.  This board needs to decide whether it wants this practice to continue, expand it to include our employees, or just discontinue it.  The board members said it should be discontinued.

Les Andersen said that at the recent Planning Commission meeting, there was discussion regarding a Nuisance ordinance to deal with complaints about noise and dust from a property at Cedar Lake and Coon Lake Roads.  Mr. Andersen said after reading the MTA monthly newsletter, his suggestion is to try and work out a solution with the owner of the property. 

Dan Lowe said he talked with Beverly and Perry Points on Peavy Road .  They were happy with Rothenberger, and it looks like they’re doing a good job so far.  One question they had was whether the taps were being put in.  Bob Hanvey said yes, both sides.

Barney Cole asked about the second application of brine and whether they would regrade the road.  He said the last time the road was graded, it was an excellent job.

CALL TO THE PUBLIC

Phil Westmoreland , 2995 Sunset Meadow Drive :  Mr. Westmoreland, as treasurer for the Howell School Board, asked the township board to not send a letter condemning the recent appointment to the School Board.  He would like to see the School Board move forward with no more controversy.

ADJOURNMENT

Dave Hamann motioned to adjourn at 9:30 p.m.   Tammy Beal seconded.  Motion carried 6-0.