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                    MARION TOWNSHIP 


                 AUGUST 14, 2003 


MEMBERS PRESENT:            Bob Hanvey, Sue Lingle, Dan Lowe, Myrna Schlittler, and Dave Hamann

MEMBERS ABSENT:                      None

OTHERS PRESENT:                    Annette McNamara, Zoning Administrator                                         


Bob Hanvey called the meeting to order at 7:34 p.m.


Board members present introduced themselves.  Dan Lowe arrived during the Approval of Agenda and was introduced by Bob Hanvey.


Bob Hanvey asked to have the agenda amended to include three items:  Howell Sewer Building, Water Plant Addition, and a 

zoning amendment received back from Livingston County Planning Department.  In addition, under Old Business, an item was 

added for Don Hall to discuss an issue with a neighbor.  Sue Lingle asked to have an item added under Approval of Minutes for 

the July 7, 2003 Joint Board and Planning Commission meeting.  Annette McNamara asked to have an item added regarding the 

Kangas Temporary Use Permit. Dave Hamann motioned to approve the agenda as amended.  Sue Lingle seconded.

Motion carried 5-0.


Gary Brakoniecki, 833 Hurley Drive:  Mr. Brakoniecki was present to discuss the emergency access road from Timber Bluff that in

being created without approval from the owners on the private road (Pleasant Lake Road).  Mr. Hanvey explained that the 

Livingston County Road Commission (LCRC) has different restrictions than the township does for access on public roads. 

The Planning Commission felt it would be dangerous for only one access.  It was decided that a road for emergency purposes only 

would connect with Pleasant Lake Road.  Mr. Hamann, the township board representative on the Planning Commission, said that it 

was requested by the Howell Area Fire Authority.  Mr. Brakoniecki said that if it’s to be used as emergency access, it’s not up to

 grade and the Timber Bluff developers should make sure that it is.  Mr. Hanvey said the plan is to have it meet the standards of a

gravel road, but then cover it with grass and plant shrubs to discourage residential use.  Mr. Brakoniecki asked if that shouldn’t

require permission from the owners of the road.  Mr. Hamann said he’s not sure what the legality of it is. 

Jerry McCann, 883 Hurley Drive:  Mr. McCann said that under real estate law, the residents’ permission is required. 

Mr. Hanvey stressed that it’s for emergency access only, and it would benefit residents of both Timber Bluff and Pleasant Lake. 

Mr. Brakoniecki asked the township to have its attorney investigate whether this is legal.  His main concern is that people will use

the road on a continual basis.  Dan Lowe said the shrubs planted will be approximately two feet high and it won’t look like an 

access road.  Mr. Hanvey said the township would consult with the attorney. Debra Wiedman-Clawson, a member of the township 

Planning Commission, was in the audience and pointed out there is another development with private roads, Blossom Farms that 

has emergency access to another development.  Mr. Hanvey pointed out that when that was proposed and approved, 

Blossom Farms was supposed to have public roads.  Dan Lowe mentioned that there is another one in Oceola Township. 


Board of Trustees, July 10, 2003

Myrna Schlittler motioned to approve the minutes from the July 10, 2003 Board of Trustees meeting as presented.  Sue Lingle seconded.  Motion carried 5-0.

Board of Trustees Special Meeting, July 29, 2003

Dave Hamann motioned to approve the minutes from the July 29, 2003 Board of Trustees Special Meeting as presented. Sue

Lingle seconded, Motion Carried 5-0.

Board of Trustees Ways & Means Meeting, August 12, 2003

Dave Hamann motioned to approve the minutes from the August 12, 2003 Ways & Means Meeting as amended.  

Sue Lingle seconded.  Motion carried 4-0-1 abstention (Dan Lowe).


Don Hall

Don Hall, 3438 Cedar Lake Road, was present to again ask the Board to investigate his neighbor, Mr. Musial, running a 

business.  Mr. Hall provided a videotape of the activities taking place at the residence, which was shown to the Board with 

Mr. Hall’s permission. Sue Lingle asked whether the township should inform Mr. Musial of the tape that was presented. 

Mr. Hanvey felt that would be appropriate.  Ms. McNamara pointed out that the show cause hearing documentation stated

that no noise would be created that would constitute a nuisance. It was suggested to skip another show cause hearing and 

send directly to the attorney. Dave Hamann motioned to forward documentation presented tonight, along with previous 

documentation from show cause hearing, to the township attorney for evaluation and response to Mr. Musial. 

Sue Lingle seconded.  Motion carried 5-0.

Township Engineer

Myrna Schlittler asked the township board to consider hiring another engineering firm. Ms. Schlittler felt there are currently 

overcharges and lack of detailed billing.  Rather than firing the current engineer, she felt that the township could have two 

engineering firms that it works with.  Sue Lingle said the township has reviewed credentials for other engineering firms. 

Dan Lowe motioned to assign the next engineering task to OHM.  Dave Hamann seconded. Motion carried 4-0-1 abstention

 (Myrna Schlittler).


DPW Bills

Clark Hill submitted a bill for the actual recording of the transcript of the MTT hearing for two days.  The next bill is for 

Gormun-Rupp booster pump at Georgetown.  The pump is in place; however, it’s not running yet because the electricity isn’t 

in. Sue Lingle motioned to approve the Clark Hill bill in the amount of $1,396.30 and the Gorman-Rupp bill for the Georgetown 

pump in the amount of $108,651, for a total of $110,047.30 and forward to DPW for payment.  Dan Lowe seconded.  

Roll call vote:  Dave Hamann, Dan Lowe, Myrna Schlittler, Sue Lingle, Bob Hanvey—all yes.  Motion carried 5-0.

Change Order

The change order is for the clearing and grubbing of the trees, backfill and grading on the site due to the power lines that were

 installed by Detroit Edison after the bids went out that required moving the pump station back 20-30 feet.  The request is to 

approve the change order for $3,678.40, not a pay request. Myrna Schlittler motioned to approve the change order for 

$3,678.40 on the Georgetown water booster station. Dave Hamann seconded. Roll call vote:  Dave Hamann, Sue Lingle, 

Bob Hanvey, Myrna Schlittler—all yes; Dan Lowe—no.  Motion carried 4-1.

Building Financing

Mr. Hanvey talked with Ken Palka, the township accountant, regarding this issue.  After checking with the township 

accountant, it was suggested that the township pay out the $300,000.00, which includes the capital fund that’s been put 

aside and borrow the $200,000. Sue Lingle motioned to borrow $200,000 under the conditions previously stated. 

Myrna Schlittler seconded.  Roll call vote:  Dan Lowe, Sue Lingle, Myrna Schlittler, Dave Hamann,

 Bob Hanvey—all yes.  Motion carried 5-0.

Ways & Means Times and Dates

Dave Hamann motioned to change the Ways & Means meetings to 4:00 p.m. on the Monday prior to the regular 

board meetings.  Sue Lingle seconded.  Motion carried 5-0.

Dust Control

Dan Lowe said that Jerry House from the LCRC feels that Francis Road and Triangle Lake Road both need another 

application.  Myrna Schlittler said that the township has spent $37,125 to date on brine. The Pentaseal application cost 

approximately $25,000.  The budget was set at $70,000 for the year. Dave Hamann motioned to have brine applied to 

Francis Road and Triangle Lake Road.  Sue Lingle seconded.  Roll call vote:  Sue Lingle, Myrna Schlittler, Bob Hanvey,

Dave Hamann, Dan Lowe—all yes.  Motion carried 5-0.

REU Moving

Mr. Scheuner owns property adjacent to Best Western and Mitch Harris’ property on D-19.  When the first sewer 

project was done, the township needed more REUs to fund the project.  Mr. Scheuner bought an extra 200 REUs. 

He has a potential sale for the property and they don’t need all of the REUs.  According to legal counsel, the REU’s 

cannot be moved.  Mr. Scheuner is asking the board to help resolve this situation.  Myrna Schlittler asked how many 

REUs the prospective buyer would need.  Mr. Scheuner said anywhere from 4 or 5 up to 100.  Dan Lowe asked how

many Mr. Scheuner wants to get rid of.  Mr. Scheuner said he’s aware of some developments in the area that may need to

 buy more.  Bob Hanvey said the board agrees with the concept of allowing REUs to be moved; the township isn’t sure how to

actually make it happen. Bob Hanvey assured Mr. Scheuner that this is a high priority and the board is working on resolving the 

situation.  Mr. Scheuner asked for a timeframe for an answer.  Bob Hanvey said hopefully by the next regular board meeting, 

September 11, 2003.

Fee Discussion

Sue Lingle said that developers are coming in to the office and a great deal of time is spent on unscheduled “pre-planning” meetings, 

sometimes 2-3 hours.  Ms. Lingle feels that a fee should be established for this type of meeting.  She suggested that research be done

 into how much is being spent on Planning Commission and ZBA reviews, and whether the amount required for escrow should be 

increased.  Myrna Schlittler and Dave Hamann agreed.  Bob Hanvey asked if the Planning Committee checklist would help facilitate the

 process?  Mr. Hamann said it would facilitate the completed package before it comes to the board, but details of pre-planning meetings

still need to be worked out. Sue Lingle motioned to have Cindy Hodge research the costs associated with ZBA and Planning Commission

 meetings and escrow payments.  Myrna Schlittler seconded.  Motion carried 5-0.

Draft for Parks & Recreation Authority

Sue Lingle had previously provided the board members with a copy of the draft, and has provided a copy to the attorney for review

and response.  The report indicates that we are deficient by 265 acres of developed parkland.  A resolution is required from the 

Board by the end of August.  The township’s participation amount this year for Parks & Recreation is approximately $62,000.

 The authority would provide larger parks with baseball diamonds, etc.  The opportunity to receive grants is better with a larger

entity.  Ms. Lingle also provided a spreadsheet showing the level of participation in Parks & Recreation activities by township. 

This item needs to be discussed at the next special meeting.

Howell City Sewer Building

Bob Hanvey said the bids came in higher than expected for this project.  The board had previously approved approximately $38,000. 

Mr. Hanvey wanted to know if the board had a limit on the amount it’s willing to spend.  Mr. Lowe said that more information is required. 

Mr. Hanvey will provide additional information at the next meeting.   

Water Plant Expansion

The peak capacity now is 4 million gallons per day.  To add another 8 million gallons for a total of 12 million gallons, the cost is 

$10,450,000, divided four ways.  Another consideration is to add another 4 million gallon capacity, for a total of 8 million gallons,

which is approximately $8,000,000.  It’s more cost effective to do the larger expansion.  According to the growth projections, 

if the smaller expansion were done, by the time it was done, another expansion would be needed.  Mr. Hanvey said that the 

township accountant indicated the township can afford to pay its portion.  Mr. Lowe feels it makes more sense to do the larger 

expansion if the township can afford it. Dave Hamann motioned to table this item.  Sue Lingle seconded.  Motion carried 5-0.

Zoning Amendment  

Section 6.19—Lots to Have Access contained some incorrect verbiage.  Documentation was provided from the Planning 

Commission and the Livingston County Planning Department.  Myrna Schlittler motioned to approve the recommendation from the 

Planning Commission.  Sue Lingle seconded.  Motion carried 5-0.

Kangas Temporary Use Permit

Annette McNamara asked for the board’s direction with this situation.  Mrs. Kangas was granted a temporary use permit for a

mobile home during construction of a house.  The permit should have been renewed last summer for an additional year, but wasn’t. 

A letter was sent in June indicating the permit had expired, but no response was received.  A violation notice was sent and 

Mrs. Kangas contacted the zoning administrator.  She indicated she had renewed the bond, but didn’t provide the township with a 

copy.  Mrs. Kangas indicated the mobile home would be removed soon.  Sue Lingle feels that Mrs. Kangas needs to provide the

 township with a date.  Sue Lingle motioned to direct the zoning administrator to contact Mrs. Kangas, have her bring in a copy of 

the bond she renewed, and give her 30 days to remove the mobile home from the property. Dave Hamann seconded. 

Motion carried 5-0. 


Dave Hamann stated the Planning Commission met on August 5 for the July meeting (postponed due to election). They discussed some

ordinances, tabled others, discussed and tabled the site plan checklist.  A Special Use Permit application was reviewed for the Carsley 

commercial stable and a public hearing was scheduled for August 26.  A comprehensive plan meeting was held in July. Future land use

 was discussed and hopefully that section will be finished in September.


Provided in packets.


Provided in packets.  Mr. Hanvey said that Tom Klebba has been working on easements. 


Dan Lowe reported that no meeting was held. 


A copy will be provided to the board members on Monday, August 18.  


Provided in packets.  Mr. Hanvey pointed out that the format has been changed to show cumulative totals. 


Bob Hanvey reported that at the NPDES Phase 2 meeting, it was decided to allocate payment based on square miles in watershed and 

population.  This will be less cost to township.  Mr. Hanvey asked Phil Westmoreland to share his impression of this project with the 

board. Sue Lingle asked about the mosquito collection.  Bob Hanvey said that mosquitoes from two sites in the township have tested 

positive for West Nile Virus, although in both cases, it wasn’t the strain that can be transmitted.   




Provided in packets.  Expenses for the month were $99,088.47.  This includes $37,373.25 for a portion of the fire contract. Another large

expense, $12,345, was for application of brine treatment. Myrna Schlittler motioned to accept the treasurer’s report with expenses of 

$99,088.47.  Dave Hamann seconded. Motion carried 5-0.


Dave Hamann motioned to adjourn the meeting at 9:45 p.m.  Sue Lingle seconded.  Motion carried 5-0.