MARION TOWNSHIP BOARD OF TRUSTEES

AGENDA and DRAFT MINUTES

                                      Thursday, August 14, 2008

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 July 24, 2008 Regular Meeting

b.)    Assessing Report

c.)    Planning Commission Report from July 22, 2008

d.)    Complaint Form

e.)    DPW Report

f.)     Treasurers Report

g.)    Investment Update

h.)    Zoning Report

3.      Public Hearing for Rurik Road SAD Maintenance

4.      Public Hearing for Rurik Road SAD Snow Removal

5.      Nationwide Presentation from Burnham & Flowers

6.      Update NFIP Ordinance

7.      2008 Marion Township Road Projects/Norton Road Bids

8.      Fox Fire/Crystal Wood Water Connection

9.      ITC Donation

10.  Tornado Sirens

11.  Joint Planning Act Requirements

12.  ZBA Report  

Correspondence/ Updates

            ITC Noise

            Chestnut

      MTA Township of Excellence

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 , Les Andersen , and Travis Hodge

MEMBERS ABSENT:                 None     

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CALL TO ORDER

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

PLEDGE TO FLAG

BOARD MEMBERS PRESENT

The board members introduced themselves. 

CALL TO THE PUBLIC

Horace Cole, 918 Francis Road , had a question about the sample ballots for the recent election and the actual ballots.  Tammy Beal explained that there are four precincts and each ballot is a little different.  The order of the names on the ballot is changed for each precinct.  Mr. Cole said he would contact the clerk’s office to see the samples.

APPROVAL OF AGENDA

Paula Wyckoff asked to have item #13, Marion Township Park #2, added to the agenda.  Dave Hamann motioned to approve the agenda as amended.  Les Andersen seconded.  Motion carried 7-0.

CONSENT AGENDA

Les Andersen motioned to approve the consent agenda.  Paula Wyckoff seconded.  Motion carried 7-0.

PUBLIC HEARING FOR RURIK ROAD SAD MAINTENANCE

Bob Hanvey asked the attendees if they had any questions.

Chuck Anzalone, 4320 Rurik, asked about the timeframe.  Mr. Hanvey explained the process and said hopefully the work can be done this year.

Glenn Stevenson, 4406 Adria, asked about a “dedicated” road.  Mr. Hanvey explained that a dedicated road is the same as a public road; the roads for this SAD are all private.

Bob Sabo, 4303 Irene, asked if the contractor has been picked yet.  Mr. Hanvey said no, but the lowest bidder is D&H Asphalt. 

Jack Reynolds, 1922 Olympia , asked if D&H is the original contractor.  Mr. Hanvey said no.

At the next meeting, the actual amount will be determined, including the interest rate and the number of payments.  Those who object will have 35 days from the next meeting to appeal to the Michigan Tax Tribunal.

Lori Fields, on behalf of Barb Froehlich, asked how those with multiple parcels would be assessed.  Mr. Hanvey said the consensus was one fee per property owner.

Tom Gubala, 4394 Adria, asked if the property owners could pay the assessment up front.  Mr. Hanvey said yes.

Tom VanderPlas, 1877 Olympia , said that the original assessment was done based on one fee per property owner.

Jack Reynolds asked if this is a done deal.  Mr. Hanvey said not if 20% of the property owners protest.

Paula Wyckoff motioned to adopt the resolution as presented in the board packet.  Tammy Beal seconded.  Roll call vote:  Hamann, Lowe, Beal, Hanvey, Wyckoff , Andersen, Hodge—all yes.  Resolution passed 7-0.

PUBLIC HEARING FOR RURIK ROAD SAD SNOW REMOVAL

Bob Hanvey said the amount will vary for this special assessment.  It will be based on actual expenses and will be redetermined annually without holding subsequent annual meetings.

Chuck Anzalone asked if this assessment could also be paid up front.  Mr. Hanvey said that would be a little trickier, but it depends on whether the assessment is on the summer or winter tax bill.

Don Burgess, 4430 Adria, asked what the options are if they are dissatisfied with the service.  Mr. Hanvey said the township will work with the residents to ensure they are satisfied, and they can pick the provider.

Dave Hamann asked if this is an open-ended special assessment.  Mr. Hanvey said the term will be decided at the next meeting.  Mr. Gubala suggested a minimum of five years.

Dave Hamann motioned to adopt the resolution as presented in the board packet.  Travis Hodge seconded.  Roll call vote:  Wyckoff , Hodge, Hanvey, Hamann, Beal, Andersen, Lowe—all yes.  Resolution passed 7-0.

NATIONWIDE PRESENTATION FROM BURNHAM & FLOWER

Natalie Braden from Burnham & Flower was present to introduce the board members to a new offering from Nationwide as an alternative to John Hancock.  The board members asked for feedback from the employees on the program.  Ms. Braden will contact the clerk’s office to schedule a presentation for the employees.

UPDATE NFIP ORDINANCE

Bob Hanvey said the ordinance needs to be revised to include the final map date.  Dan Lowe said the board members don’t know what they’re voting on and this shouldn’t be approved.  Mr. Hanvey said the ordinance was already approved; this revision just revises the date.  Mr. Lowe said this requires elevations on every new building and every remodel that’s done.  Mr. Hanvey said that is only required if the building is outside of Zone X.    Charlie Musson asked how much of the township is in Zone X.  Bob Hanvey said approximately 98-99%. 

Tammy Beal motioned to adopt a resolution approving the revision to the date in the NFIP ordinance.  Les Andersen seconded.  Roll call vote:  Beal—yes; Hanvey—yes; Hodge—yes; Andersen—yes; Lowe—no; Wyckoff —yes; Hamann—no.  Resolution passed 5-2.

2008 TOWNSHIP ROAD PROJECTS/ NORTON ROAD BIDS

A letter from OHM is included in the packets.  Dan Lowe visited the sites with Phil Westmoreland and most of the bad cracks are sealed.  The board members determined that this work should be sent out for bids and should be advertised.  Tammy Beal will check with Phil Westmoreland and plan to advertise on Friday, August 22 (AI #1.)

FOXFIRE/CRYSTALWOOD WATER CONNECTION

Information is included in the board packets.  Bob Hanvey said he checked and MHOG does not require that the vegetation be removed.  The board members discussed the history of this project; the pipe was approved with Crystalwood’s site plan in 1999.  The money to fund the connection would come from new user fees, to be reimbursed by the developer.  The special assessment was not intended to pay for the pipe.  Mr. Hanvey said there are not only mortgage foreclosures on the property, there are also tax foreclosures.

Dan Lowe motioned to get estimate from OHM and send a copy via registered mail to the bank and Kalabat, and no land use permits will be issued until paid.  Les Andersen seconded.  Motion carried 7-0.

ITC DONATION

Tammy Beal motioned to request the $1,000 ITC donation be used for a rain garden in Marion Township Park #2.  Paula Wyckoff seconded.  Motion carried 7-0.

TORNADO SIRENS

Based on the map provided at the last board meeting, a diagram indicating the number of residence per section was provided.

Les Andersen motioned to approve Section #5 on the map if a suitable location for the siren can be found.  Travis Hodge seconded.  Discussion:  Dan Lowe said the location should be closer to Sexton Road at the highest elevation.  Roll call vote: Hanvey, Lowe, Wyckoff , Beal, Hamann, Hodge, Andersen—all yes.  Motion carried 7-0.

JOINT PLANNING ACT REQUIREMENTS

Bob Hanvey said the Joint Planning Act PA 33 of 2008 requires a six-year capital improvement program.  Bob Hanvey suggested referring this item to the Planning Commission for suggestions.  Dave Hamann suggested checking with the planner for direction.  Mr. Hanvey will contact the planner (AI #2.)

ZBA REPORT

Dan Lowe reported on the three cases discussed at the August 11 ZBA meeting.

MARION TOWNSHIP PARK #2

Paula Wyckoff presented the board with an invoice from Lowe Excavation for work done at the park.  The amount of $2900 is for equipment rental and John Lowe donated the labor. 

CORRESPONDENCE/UPDATES

Tammy Beal passed out a bill from the Livingston County Road Commission for work done on Cedar Lake Road .  The amount is approximately $5000 more than expected.  Les Andersen motioned to pay the Livingston County Road Commission $119,465.57 for Cedar Lake Road improvements.  Tammy Beal seconded.  Roll call vote:  Hodge, Beal, Andersen, Lowe, Hanvey, Hamann, Wyckoff —all yes.  Motion carried 7-0.

Bob Hanvey reported on the alarm at the ITC site that a resident had complained about.  The sign on the front gate was loose and was causing the alarm to go off, and it has been fixed.

A handout was provided for the board members regarding the Chestnut case.

Bob Hanvey reported that the Davis Road drain is almost done, except for the tube under D-19.

Tammy Beal said the Heritage Days meeting has been rescheduled for September 15.

Bob Hanvey said the state has determined the new revenue sharing numbers, and the total is $14,000 higher than the budget.

Tammy Beal said the Livingston chapter of MTA will hold its meeting on August 27 at the township hall; Fred Dillingham will be the speaker.

Paula Wyckoff said information on the HAPRA master plan is included in the packets.

FOR THE GOOD OF THE TOWNSHIP

Bob Hanvey suggested that this agenda item be removed in the future, and all items could be discussed during Correspondence/Updates.

CALL TO THE PUBLIC

None.

ADJOURNMENT

Dave Hamann motioned to adjourn at 8:55 p.m.   Travis Hodge seconded.  Motion carried 7-0.