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MARION
TOWNSHIP
BOARD OF TRUSTEES
DRAFT MINUTES / JULY
10, 2003
MEMBERS PRESENT:
Bob Hanvey, Sue Lingle, Dan Lowe, Myrna Schlittler, and Dave Hamann
MEMBERS
ABSENT: None
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cALL
TO ORDER
Bob Hanvey called the meeting to order at 7:35 p.m.
PLEDGE TO FLAG
CALL TO THE PUBLIC
None.
APPROVAL OF AGENDA
Bob
Hanvey asked to have a bill from Tetra Tech added under DPW, and an item to
authorize township planner to consult with township
attorney
under New Business. Sue Lingle
asked to have Township Hall Landscaping added under New Business, and the
June 12, 2003 Budget
Public
Hearing under Approval of Minutes.
Dave
Hamann motioned to approve the agenda as amended. Sue Lingle seconded. Motion
carried 5-0.
APPROVAL OF MINUTES
Budget Public Hearing, July 12, 2003
Sue Lingle motioned to approve the
minutes from the July 12, 2003 Budget Public Hearing as presented.
Dave Hamann seconded.
Motion carried 5-0.
Board of Trustees, July 12, 2003
Sue Lingle motioned to approve the minutes from the July 12,
2003 Board of Trustees meeting as presented.
Dave Hamann seconded.
Motion carried 5-0.
Board of Trustees Special Meeting, June 30, 2003
Myrna Schlittler motioned to approve the minutes from the
June 30, 2003 Board of Trustees Special Meeting as presented.
Sue Lingle seconded. Motion
carried 5-0.
Ways & Means, July 7, 2003
Dave Hamann motioned to approve the minutes from the July 7,
2003 Ways & Means meeting as presented.
Sue Lingle seconded. Motion
carried 5-0.
OLD BUSINESS
Sewer Rate Resolution
Bob Hanvey said the City of Howell had a 2.6%
increase in rates. To remain
parallel with that rate, the township will now
charge $2.80 per 1,000 gallons for treatment on
metered sewer and $69.77 for flat rates per quarter, effective July 1, 2003.
Myrna Schlittler moved to approve by resolution an
increase in sewer rates for treatment on metered sewer to $2.80 per
1,000
gallons and $69.77 for flat rates per quarter.
Dave Hamann seconded. Roll
call vote: Dan Lowe, Myrna
Schlittler, Bob Hanvey,
Sue Lingle, Dave Hamann—all yes.
Resolution passed 5-0.
Engineering Review Committee Update
Additional information was received from Ayres, Lewis, Norris & May
for the Board’s review prior to the next meeting.
Myrna Schlittler indicated that this firm had been representing the
Premier Farms developers and felt it may be a
conflict of interest. Bob
Hanvey said he thought they were no longer the engineering firm.
Dave Hamann motioned to table this item for further review
prior to the next Board meeting. Sue
Lingle seconded. Motion
carried 5-0.
Lowe Excavating Costs
Sue Lingle
motioned to table this item for the next regular Board meeting.
Dave Hamann seconded.
Motion carried
4-0-1 abstention (Lowe).
NEW BUSINE
SS
DPW Bills
Sue Lingle motioned to approve the Clark-Hill bill in the
amount of $7,515 and forward to DPW for payment. Dave Hamann seconded.
Roll call vote: Dave
Hamann, Sue Lingle, Bob Hanvey, Myrna Schlittler, Dan Lowe—all yes.
Motion carried 5-0.
Tetra Tech submitted a bill for the booster station
fieldwork. The amount submitted
is $3,995.75 plus miscellaneous expenses for
a total of $4,034.94.
The maximum agreed fee was $6,000 and an invoice was previously
received for $4,324.69, so the amount of
the invoice is the balance, which is $1,675.31.
Dan Lowe motioned to table the Tetra Tech bill until the next
regular Board meeting. Sue
Lingle seconded. Discussion:
Sue Lingle said
if we pay up the contract in full, the township would have no
leverage for them to finish the job. Dan
Lowe felt there is a lot of work yet to
be done. Roll
call vote: Bob Hanvey, Myrna
Schlittler, Sue Lingle, Dave Hamann, Dan Lowe—all yes.
Motion carried 5-0.
Building Contract
The standard AIA contract was presented, which
includes changes suggested by the township attorney.
Bob Hanvey met with the
attorney and there are still concerns about the
payment procedure. The attorney
would also like to include something giving the
township the ability to review contracts between
Richland Construction and any subcontractors (for insurance, etc.)
Dan Lowe said
there are other issues with road paving that will
need to be addressed prior to the next regular Board meeting, and this item
could be
tabled until a special Board meeting could be
held, hopefully within the next week. Dan Lowe motioned to table the building contract
until a special Board meeting can be held and payment details
can be worked out. Dave Hamann
seconded. Motion carried
5-0.
Change in Employee Benefits Package
Bob Hanvey would like the Board to approve a change in the
accrual of leave time, although the exact wording hasn’t
been decided on. He
would like the accrual to be on a monthly basis rather than an annual basis.
He would like the number of days to
be 12. This
would be a combination of all leave time (vacation, sick, personal).
Dave Hamann motioned to modify the employee benefit
package for leave time to combine leave time into one
category to be named later with the accrual rate being one day per month.
Dan Lowe seconded. Motion
carried 5-0.
The second change Mr. Hanvey is requesting is to reduce the
amount of employee contribution for health insurance from 25% to 10%,
effective August 1, 2003. Myrna
Schlittler motioned to reduce the employee contribution for health insurance
from 25% to 10%,
effective August 1, 2003.
Sue Lingle seconded. Roll
call vote: Myrna Schlittler, Dan Lowe, Bob Hanvey, Dave Hamann,
Sue Lingle—all yes. Motion
carried 5-0.
AT&T Cell Tower Lease
Bob Hanvey and Sue Lingle provided comments after reviewing. Mr. Hanvey reviewed his discussion with the township
attorney:
1.The lease has a 5-year renewal option. The
lease allows AT&T two options to get out of the lease, but none for the
township.
2.The
lease should have an exit clause for the township.
3.The lease authorizes AT&T to make changes in equipment, etc.
Mr. Hanvey feels the Planning Commission needs to be involved in
any
changes in the structure, etc. In
a paragraph entitled “Interference,” there is a phrase that reads,
“…nothing contained herein will
restrict
the tenant nor its successors and assigners from installing and modifying
communications equipment.”
4. In
the paragraph entitled “Insurance”, there is a line that reads,
“…the insurance coverage would only be with respect to the
landlord’s
liability
arising of its interest in the property.”
The township attorney is not sure exactly what that means.
The attorney will get
clarification
and/or remove that line.
5.There
is an “Environmental” paragraph that needs to be elaborated on.
6.Sue
Lingle had concerns about the “Access” paragraph and 24-hour access.
7.There
is a section that reads, “…AT&T will not be responsible for the
placement of any trees, shrubs or other vegetation, nor will tenant
be
required to remove from the premises or property any foundations,
underground utilities or any part of the communication facility.”
This
needs to state more clearly that when they are done using it, they need to
take it down. Co-locators may be involved, and this language
needs
to be written taking them into consideration.
8.There
is a section about if there is any kind of casualty to the tower, and
AT&T decides it’s not worth repairing, they can end the
lease
at that point. Part of that same section requires 48-hours notice and Sue
Lingle feels it should be 72-hours notice. The
attorney will
try
to improve this language.
Myna Schlittler pointed out that there are no prices listed in the lease.
Bob Hanvey said the township doesn’t have control,
although
they mentioned $1500.
Bob Hanvey said another difficult issue is the legal description of
what’s going to be leased. The Land
Division statute requires
a land division for any lease of more than one year.
The parcel won’t have access to an approved private road, so the
question is
how this can be made into a conforming parcel.
This issue needs to be worked out.
Dave Hamann said he was surprised this
didn’t come up with the Planning Commission.
He thought AT&T would be required to post a bond in case they
abandoned the
tower. This
parcel needs to conform to the requirements for the Public Lands district
and needs to comply with the Wireless
Communications Facilities section of the zoning
ordinance.
Bob Hanvey suggests that the township needs to work on the
language in the lease agreement prior to signing. He also mentioned
that the township engineer has approved the site plan
issues.
Dan Lowe motioned to table this item until the special board
meeting. Sue Lingle seconded.
Motion carried 5-0.
Maurier/Klann Water
Bob Hanvey provided the Board with copies of the
estimate from Davis to take care of water service at the Maurier and Klann
residences. Mr.
Hanvey reviewed this history of this item.
Years ago, when the water went in, the Mauriers and the Klanns
signed
up. They
were part of the special assessment. It
was determined that the pressure at their homes was inadequate.
The township
agreed to install booster pumps in the houses.
Both parties have told the township that the booster pumps are so
noisy, they can’t
run them. The Klann lead is at the bottom of the driveway, which is
about where the cul-de-sac on Georgetown is, and last winter
it froze. Odien
dug it up and determined that the lead came off the main at the point where
the main is only between 18” and 3’
beneath the surface and the lead froze at that
point. It was repaired at that time.
The township is suggesting that, with the new
booster pump, they could be connected from the
booster pump to the two existing curb stops and the internal booster pumps
can
be removed. A
potential use for one of the booster pumps has been determined.
This work can’t be done until the pump station is
running, and work has been delayed a week or so.
There is also a problem with the electricity for the site.
Dan Lowe suggested a
phone call to the Public Service Commission to deal
with the Detroit Edison problem. Phil
Westmoreland suggested a call to the
local government service representative.
Bob Hanvey said he would call on Monday. Myrna Schlittler asked whether Mr. Hanvey
had talked with the Klanns and Mauriers about
changing addresses. Mr. Hanvey
said he hadn’t talked with them yet, but had talked
with Jeff Boyd, who is the emergency service
coordinator, about the fact that Sanatorium Road ends. In
addition, an agreement was
signed by the township indicating that the Klann’s
and Maurier’s electric bill would be paid by the township.
Sue Lingle said it’s
supposed to be the portion that the pump uses.
Unfortunately, the pumps aren’t on separate meters so there’s no
way to tell.
Dan Lowe motioned to table this item for additional
bids. Sue Lingle seconded.
Motion carried 5-0.
Authorization for Township Planner to Consult with Township Attorney
John Ambrose asked for authorization to contact the
township attorney to discuss issues.
Sue Lingle motioned to authorize John Ambrose to
consult with township attorney on conflicting issues for the Planning
Commission
with planner and attorney to produce a letter
for the PC giving direction. Myrna
Schlittler seconded.
Dan Lowe amended the motion to authorize John
Ambrose to consult with township attorney to clarify issues as requested by
the
Planning Commission and to provide the township with
a letter giving direction. Sue
Lingle seconded.
Original motion roll call vote: Dan Lowe, Dave Hamann, Myrna Schlittler, Bob Hanvey, Sue
Lingle—all yes. Motion
carried 5-0.
Amended motion roll call vote: Dan Lowe, Dave Hamann, Sue Lingle, Bob Hanvey, Myrna
Schlittler—all yes. Motion
carried 5-0.
Building Landscaping
Sue Lingle said several spirea died over the winter
and she would like to add 5-6 bushes in front.
It shouldn’t be affected by
construction for the new building. Myrna Schlittler
motioned to authorize Sue Lingle to purchase items not to exceed $200.
Dave Hamann seconded.
Roll call vote: Bob
Hanvey, Dan Lowe, Myrna Schlittler, Sue Lingle, Dave Hamann—all yes.
Motion carried 5-0.
PLANNING COMMISSION REPORT
A comprehensive
plan meeting was held in June. The
June Planning Commission meeting included Fox Meadows,
which was tabled;
a site plan review for Pardiac Shell, which was tabled; several ordinances,
most of which were tabled;
and the Open
Space Preservation ordinance was modified. There
were two public hearings on rezoning, which were
tabled; and one
public hearing on “Lots to Have Access”, which was a change in one word.
PARKS & RECREATION REPORT
A
meeting was held on July 8, 2003. No
new business was discussed. The
current budget and the budget for 2003-04 were
reviewed.
There is a situation with Genoa Township, who said they won’t pay
more for participation than was paid last year.
This
is approximately a $5,000 difference. Bob Hanvey asked if it’s an equal four-way split.
Sue Lingle said no, it’s based on usage.
Don
Miller, city council member and P&R representative, said he’s received
many complaints about the decision to not have
lifeguards
at Thompson Lake. The location for the skate park is still undecided.
Mark Swanson, director of the Senior Center, is
investigating
having bus trips to Canada for seniors to fill prescriptions.
Ms. Lingle passed out a draft for the Parks & Recreation
Authority
for the Board’s review and comment
CONSULTANT’S REPORT
Presented at the July 7, 2003 Ways & Means meeting.
ZBA REPORT
No
meeting was held in June. One
case was heard in July for the Yenkel’s on Pingree.
They were granted a variance for the front
setback.
ZONING ADMINISTRATOR REPORT
Provided in packets.
DPW REPORT
Provided in packets.
FOR THE GOOD OF THE TOWNSHIP
None.
CALL TO PUBLIC
Horace (Barney) Cole, 918 Francis Rd., asked whether
the Board had considered adding two more members based on growth and
population. Ms.
Schlittler said the process takes two years.
Mr. Hanvey said the Board would consider this.
TREASURER’S REPORT
The general fund section of the report will have to be
amended at a later date. Myrna
Schlittler motioned to accept the treasurer’s report
with expenses of $67,964.72.
Dave Hamann seconded. Roll
call vote: Motion carried 5-0.
ADJOURNMENT
Sue Lingle motioned to adjourn the meeting at
9:00 p.m. Dave Hamann seconded.
Motion carried 5-0.
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