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MARION
TOWNSHIP
September 9, 2004
MEMBERS PRESENT:
Bob Hanvey, Sue Lingle, Myrna Schlittler (part of meeting), Dan Lowe,
and
Dave
Hamann
MEMBERS
ABSENT:
None
OTHERS
PRESENT:
Phil Westmoreland, OHM, Township Engineer
*************************************************************************************************************
CALL TO ORDER
Bob Hanvey called the meeting to order at
7:32 p.m.
PLEDGE TO FLAG
MEMBERS PRESENT
The members of the Board of Trustees introduced
themselves.
APPROVAL OF AGENDA
Dave
Hamann motioned to approve the agenda as amended.
Sue Lingle seconded. Motion
carried 5-0.
APPROVAL OF MINUTES
Ways & Means Meeting,
September 7, 2004
Sue Lingle motioned to approve the minutes from the
September 7, 2004
Ways & Means meeting as presented.
Dave
Hamann seconded. Motion
carried 5-0.
Board of Trustees Meeting,
August 12, 2004
Sue Lingle motioned to approve the minutes from the
August 12, 2004
Board of Trustees meeting as presented.
Myrna Schlittler seconded.
Motion carried 4-0 (Dan Lowe abstained).
Special Board of Trustees Meeting,
August 23, 2004
Sue Lingle motioned to approve the minutes from the
August 23, 2004
Special Board of Trustees meeting as presented.
Myrna Schlittler seconded.
Motion carried 5-0.
NEW BUSINESS
Fox Meadows
Bob Hanvey said a letter was received from the township
attorney indicating everything is in order.
The Planning
Commission has reviewed and approved the site plan.
Myrna Schlittler motioned to approve the Fox Meadows site plan
with the condition that the township may issue a land
balancing permit immediately, but no individual land use permits
will be issued until the attorney approves final copies of
all documents.
Dave
Hamann seconded. Motion
carried 5-0.
Drain Resolution
Ken Recker, from the Livingston County Drain Commissioner’s
office, asked the Board to consider two resolutions:
one for the Jartnick Pond special assessment and one for
Marion
#3. Mr. Recker indicated a special
public hearing would
be held prior to levying the assessments.
Mr. Hanvey asked how much advance notice the residents are given.
Mr. Recker said the hearing normally is held in mid-September
and the taxes are levied with the winter tax bill.
The residents have a window of opportunity of about 20 days
to file a protest to their percentage of the assessment.
Mr. Recker explained that if the board approves one or both
of the resolutions tonight, the Drain Commission will proceed
with the project, and then give notice to the residents prior
to the tax bills being put on the special assessment roll.
The hearings are held at the Drain Commissioner’s office.
Sue Lingle asked if information would be available for residents
to review at the Drain Commissioner’s office.
Mr. Recker said yes.
Dan Lowe suggested waiting to make a decision on
Marion
#3 until after a meeting is held with representatives from the
new high school. Mr.
Recker said there are two outlets for the school property depending on how
you look at it.
The school’s engineer has identified a fairly substantial
problem with the outlet immediately to the west.
There is a
significant restriction on that outlet.
Mr. Recker doesn’t believe the southern outlet of the
Marion
#3 being much better.
These are agricultural drains that weren’t designed with
suburban runoff in mind. The
purpose of the meeting with the
schools is to look at the layout and try to identify what
area to set aside for storm water management.
Mr. Recker said
the school has expressed a willingness to participate, but
he’s not sure to what extent.
Jeff Grifka, 2474 Sundance Ridge:
Mr. Grifka asked if the goal is to reduce the sediment into
Triangle
Lake
.
Mr.
Recker said yes. Mr. Grifka
asked if the majority of the sediment is due to
Triangle Lake Road
runoff. Mr. Recker
said
a significant portion of it is. Mr.
Grifka asked why the Jartnick Pond residents are being assessed for part of
the fix.
Mr.
Hanvey said it has to do with the Drain Commissioner’s evaluation of the
source of the drain, who is served by the
drainage
area. Jartnick Pond is the area that
the water comes from. Mr. Recker
said the reason why is that Jartnick
Pond
does contribute a portion of the water to that area that causes some of the
sediment load increase into the lake.
There
is a somewhat unquantifiable factor in that whenever you have a new
development come in, there will be changes
in
how runoff that may have historically sat in a pothole and just went away
versus water that runs downhill in a ditch
and
crosses under culvert—it has an impact on how the sediment is picked up
into the lake. There are a
couple of
sound
reasons for assessing the units within Jartnick Pond.
Dan Lowe said the two catch basins on the north side
aren’t
functioning properly. Part of
the redesign will be to locate a spillway on the south side and cut into the
curb on the
north
side and put a different type of catch basin system in there, so as the
water comes down that hill on the north side,
it
will actually catch it and go into the retention pond.
Right now, a lot of that water bypasses the whole retention pond
system
and goes right into the lake. Mr.
Grifka said the drainage system was approved, and whoever approved it should
be
responsible for the repairs. Mr.
Hanvey said that Jartnick Pond is paying only a percentage.
Mr. Recker said 40%
of
whatever the actual cost is. Mr.
Hanvey said the township, the Drain Commission, the Road Commission, and the
special
assessment district combined will pay for it.
Mr. Grifka still doesn’t believe the repairs will fix the whole
problem.
Mr. Recker said the time period for the special assessment is no more than
two years. Mr. Grifka asked if
the residents
of Jartnick Pond had been notified of this meeting.
Mr. Recker said no, this is an extension of an ordinary maintenance
function under the statute.
If they were doing something that involved an assessment that was
created pursuant to a
landowner or a township generated petition for a larger
project, then everyone in the assessment district would have
to be notified. The
Drain Code doesn’t require everyone to be notified prior to the township
passing the resolution.
Mr. Recker said no property is being added to the district,
the district is not being altered in any way, and that’s why
there’s no hearing. In
the master deed, it basically is covered.
The residents are notified through disclosure in the
condominium documents. Dan
Lowe asked Mr. Grifka if he thought any of the other neighbors know about
this meeting
tonight. Mr.
Grifka said no. Mr. Lowe said he
didn’t realize that they weren’t notified.
Mr. Hanvey said his understanding
is that they will be notified for the next meeting.
Mr. Grifka said he still believes the residents should have been
notified
f this meeting. Mr.
Recker said there is a legitimate point to that.
However, the residents along
Triangle
Lake
have been
asking for this fix for quite some time.
Mr. Grifka said they’re not paying for a dime of it.
Mr. Recker said they aren’t part
of the special assessment district.
Mr. Recker also said if the fix is going to be done this year, the
resolution has to be
passed at this hearing. The
assessment will amount to approximately $130-150 per unit over two years.
Linda Manson-Dempsey,
W. Coon Lake Road
: Ms. Manson-Dempsey said
without the resolution, the Drain
Commission can already assess $2,500 per mile.
Mr. Recker said yes. Ms.
Manson-Dempsey asked if a cap is put
on that if the resolution is passed.
Mr. Recker said the total amount the authority is being asked to
assess is $10,000,
so they’re adding $7,500 above and beyond.
Ms. Manson-Dempsey asked again if the resolution is passed with a
cap.
Mr. Recker said yes. Bob
Hanvey read the resolution provided by the Livingston County Drain
Commissioner:
WHEREAS
the Livingston County Drain Commissioner has advised the Marion Township
Board of Trustees that, pursuant
to
Section 196 of the Michigan Drain Code (MCL 280.196; MSA 11.1196), an
inspection has been made of the Jartnick
Pond
Drain and, as a result of the inspection, it has been determined that
certain maintenance must be performed upon
the
Drain; and,
WHEREAS
the Livingston County Drain Commissioner has the authority to expend two
thousand five hundred and
no/100
dollars ($2,500.00) per mile in any one (1) year for the interim maintenance
of the drain, and where it is estimated
that
expenditures in excess of two thousand five hundred and no/100 dollars
($2,500.00) per mile are necessary, those
amounts
may not be expended until approved by the resolution of the governing body
of each township, city, and village
affected
by more than 20% of the cost; and,
WHEREAS
the Livingston County Drain Commissioner has advised the Marion Township
Board of Trustees that it will be
necessary
to expend funds in excess of two thousand five hundred and no/100 dollars
($2,500.00) per mile for the interim
maintenance
of the Jartnick Pond Drain and that the Township of Marion is affected by
more than 20% of the costs; and,
WHEREAS
the Livingston County Drain Commissioner estimates that the cost for the
maintenance of the Jartnick Pond
Drain
will be approximately ten thousand and no/100 dollars ($10,000.00), which
constitutes seven thousand five hundred
and
no/100 dollars ($7,500.00) in excess of the authorized two thousand five
hundred and no/100 dollars ($2,500.00) per
mile.
NOW, THEREFORE IT IS HEREBY
RESOLVED by the Marion Township Board of Trustees that, pursuant to
Section 196
of the Drain Code, the Livingston County Drain Commissioner
is authorized to expend money for the maintenance and
repair of the Jartnick Pond Drain in excess of two thousand
five hundred and no/100 dollars ($2,500.00) per mile and,
to the extent that the drain fund for the drain contains
insufficient funds for the payment of costs incurred for the interim
maintenance or repair of the drain, then the Livingston
County Drain Commissioner is authorized to levy a special
assessment, as allowed by law, not to exceed ten thousand and
no/100 ($10,000.00).
RESOLUTION
approved this 9th day of September, 2004, by the Marion Township
Board of Trustees, governing body
of
Marion
Township
.
Sue Lingle motioned to accept the resolution, as amended to
include “not to exceed ten thousand and no/100
($10,000.00). Dan
Lowe seconded. Roll call vote:
Dave
Hamann, Sue Lingle, Bob Hanvey, Myrna Schlittler,
Dan Lowe—all yes. Motion
carried 5-0.
Sue Lingle motioned to table the resolution for
Marion
#3 drain.
Dave
Hamann seconded. Motion
carried 5-0.
Ken Recker said that the meeting regarding the new high
school will be held on September 15 at
3:00 p.m.
OLD BUSINESS
TT&G Gravel Pit
Bob Hanvey provided a handout in response to questions from
Art Mohr.
Call to the Public
Brian Manson, 2950 Sanitorium:
Mr. Manson asked if the gravel pit is subject to an ordinance?
Mr. Hanvey said it
hasn’t
been determined yet. Mr. Manson
asked how long it would take to make that determination.
Mr. Hanvey said the
lawsuit
is in place, the counter suit has been filed, the counter plaintiff
attorneys have filed questions for the township to
answer,
the township has another week to answer those questions, and then it goes to
the court. Mr. Manson asked
the
township’s feeling. Mr. Hanvey
said, speaking for himself, he believes it’s to everyone’s advantage to
work out a
compromise
between the two ordinances. If
the township attempted to strictly enforce the 2000 version of the
ordinance,
one
of the things they would have to do would be to move the berms.
The berms that are there are against the 2000
ordinance.
Mr. Hanvey doesn’t believe it makes sense to move them.
Hopefully, a compromise agreement can be
worked
out with the operators to get the reclamation plan, the development done as
soon as possible, without having to
enforce
the total 2000 ordinance. Mr.
Manson asked if the township would get bond money.
Mr. Hanvey said as soon
as
the bond feature is possible, the township will do that.
Mr. Manson asked why it’s not possible.
Mr. Hanvey said
because
the operators are not the owners; the owner’s estate is not bondable.
Mr. Manson asked if that should make
it
the township’s problem. Mr.
Hanvey said he doesn’t know. Mr.
Hanvey said if the court proceeds faster than the
agreement,
then the courts will decide what happens.
Mr. Manson said that currently the township is giving them free
reign.
Mr. Hanvey said no, they’re doing the surveys; the stakes are in
place on the west property line. Mr.
Manson said
those
are the ones that were supposed to be in Monday.
Mr. Hanvey said yes, they didn’t make it in on Monday.
Mr.
Manson said that’s the second thing. Mr.
Hanvey said he did see them working until 12:30 pm on a Saturday,
so
they’ve not been perfect. Mr.
Hanvey talked with the engineer today and they’re working on getting the
topo and
restoration
plan going as soon as they can. Mr.
Manson said in the minutes, the attorneys said they were going to
dig
the hole bigger, and they’re not going to mine the 10 acres next to
it—they’re going to use the 10 acres to push
back
into the hole. Isn’t that
mining? Mr. Hanvey said the
township hasn’t seen that plan yet. That’s
the plan they’re
working
on in the next 30 days. Mr.
Manson said if they’re going to dig this hole as deep as they can, and
take
another
hill to push into it, wouldn’t that be mining?
John Manson,
3048 Jewell Road
:
When they push the dirt into
the hole, is that mining? Mr.
Hanvey said that’s to be
determined.
Mr. Manson said they’re in violation of all the ordinances since
1977, or the 1966 ordinance, there’s no
special use permit, nothing on this
property ever. Mr. Hanvey said
the township is pretty much convinced that it began
operation prior to 1966.
Mr. Manson said they have doubled the historical use on the site.
Mr. Hanvey said he would like
to avoid all of this arguing mainly
because he doesn’t want to provide documentation for the other party to
have.
Mr. Manson asked if Mr. Kehoe is
the only attorney working on this. Mr.
Hanvey said yes, as of today. Because
the
township was counter sued, the
claim was submitted to the insurance company and, in the past, they’ve
always provided
an attorney.
Mr. Manson asked if the attorney is a specialist.
Mr. Hanvey said the township doesn’t get to pick the
attorney.
Mr. Manson asked who the attorney was who drew up the ordinance.
Mr. Hanvey said his name is Charles
Harris.
Mr. Harris is retired and chooses not to speak to anybody.
If the township gets the same attorney assigned by
the insurance
company that they have in the past, he does an excellent job.
His name is Tom Meagher from Foster,
Swift, Collins in
Lansing
. Mr. Manson asked if the
township is getting a game plan together.
Mr. Hanvey said yes.
Mr.
Manson asked how long the township is going to wait.
Mr. Hanvey said the township is working on it as quickly as
possible.
Mr. Manson said answers to the questions posed in July haven’t been
given. Mr. Manson said Mr. Kehoe
responded “probably,” “maybe,” and “I don’t know”.
Mr. Manson asked what stance the township is taking.
Mr. Hanvey
said at this point, he doesn’t believe it’s
appropriate to say what the defense is going to be; however, he would still
prefer
to have the operators agree on a settlement that everyone can agree
on without going to court. Mr.
Manson said that
would be fine. Mr.
Hanvey said that would certainly include a bond.
Mr. Manson asked if it would positively include a
bond.
Mr. Hanvey said the township will make every effort that it can
legally work out. Mr. Hanvey
said the restoration
plan is due 45 days from August 13.
Art Mohr, 3012 Sanitorium:
Mr. Mohr said according to the rules of the township, the supervisor
is responsible for the
safety, health and well-being of the citizens of the
township. Mr. Mohr asked if
there is a sanction for violation of the
mining ordinances in the township.
Mr. Hanvey said there is not, the township doesn’t have an
infractions bureau.
Mr. Mohr
said the township may adopt an ordinance that designates a violation of the
ordinance as a civil infraction and
provides a civil fine for that
violation, which means the Board can implement at this meeting a statute
that will impose a
civil fine. At
the last meeting, the township and Mr. Kehoe said they were in violation of
the ordinance. It was clearly
stated that this operation is not grandfathered in; it is in violation of
the 2000 mining ordinance. Mr.
Mohr said it is a
normal process that when someone is sued, they counter
sue. The common delaying tactic
is to immediately ask for
fact finding.
Mr. Mohr said there is a health and safety issue here.
One woman has called the township about the noise
level, another
neighbor has a problem with dust, etc. Mr. Mohr said it was brought up at
the August 12 meeting that this
is not the same mining operation that
Trierweiler had, and they are not using the same equipment that Trierweiler
had.
Mr. Mohr said the day after
the township had the meeting at
10:05 a.m.
and allowed them to resume the mining
operation at
1:30 p.m.
on that day, he showed up with other residents to participate by witnessing
how they were
allowed to resume. Prior
to the public hearing at
1:30 p.m.
at which he and others were invited, a meeting was held
privately at
10:05 a.m.
with the attorneys which enabled them to proceed with the mining.
Mr. Mohr said he’s not
suggesting this was a closed-door meeting,
but what he is suggesting is that the township has accommodated them
the
only thing that allows them to return to work that requires them to pay any
money of their own is the surveying.
Every
other implementation to restrict the mining operation to make it more
compatible with the residents in that area
doesn’t cost them any money
whatsoever. There is no
financial penalty that they have paid. The
day after they started,
they moved additional earth-moving and washing
machinery on the site, which has elevated the noise level even further.
It’s obvious that the purpose of dragging this on is to allow the
closure on this property by Northern Materials, which has
no assets, no
liabilities, has not been in business 90 days as of this date.
It is a shell corporation. Mr.
Mohr said he
thinks its incumbent on the supervisor to do as part of the
job, which is to protect the safety and well-being of the
residents, that
the mine is definitely emitting sounds that are making it impossible for
people to live. Mr. Mohr said
he’s
present as a citizen because he cares about his neighbors.
It is unconscionable and irresponsible for this board not to
go back
to court immediately after tagging this operation tomorrow morning and
seeking an immediate injunction that
stops the operation until it is in full
compliance, not negotiated compliance, with the mining ordinance.
Mr. Mohr said this
mining operation is already much too small
according to the current ordinance, so what’s to negotiate?
It doesn’t have
the acreage necessary to operate.
It’s a brand new operation started in July 2004.
Mr. Mohr said if he put a barn on
his property that was 10 feet over
the line, this township would come in immediately and make him move it.
If he wanted
to do something on his property that was in violation of
the township ordinances, he would be asked to correct it
immediately.
This mining operation is intimidating our township.
It’s creating an unsafe, unhealthy environment in the
area for the
people who have been residents for many years.
The traffic is abominable; they are running trucks out
of that place
to the point where it’s actually creating safety and environmental
problems. The township board has
the
responsibility to stop those types of unsafe operations.
Mr. Mohr read from, “Authorities & Responsibilities of Michigan
Township Officials, Boards and Commissions”, which states that the
supervisor has fiscal responsibility.
The
supervisor is the township agent for transacting all legal business, upon
whom suits may be brought and defended
and upon whom all process against the
township is served. This means
the supervisor is responsible to call these
attorneys, not to listen to them
tell you what needs to be done, and to listen to the call from us as the
public to say
that this is an unacceptable operation, it is unsafe, it is
bringing an unpleasant living environment in a residential area.
There is no mining operation legally there.
It is not zoned for operation of that mine.
Mr. Mohr is asking this board to
tell the attorneys to close the mine
tomorrow and put the red tag back on.
Linda
Manson-Dempsey,
3076 W. Coon Lake Road
:
Ms. Manson-Dempsey said one of the biggest issues on
Mega-Dirt was
the noise levels. This township
agreed, after she called several times, to bring in equipment to measure
the
decibel levels. The other big
issue was the traffic. She has
seen the
San Marino
trucks pull out in front of an
LESA bus.
The township has the liability if anything happens.
Helen
Hiser,
860 County Farm Road
:
Mrs. Hiser said the trucks start at
6:15 a.m.
and they go constantly all day
long. The
dust and the noise are awful.
John
Manson,
3048 Jewell Road
: Mr.
Manson asked Mrs. Hiser how long she had lived here?
Mrs. Hiser said
44 years. Mr.
Manson asked her if the usage at the gravel pit has changed.
She said yes.
Vicki Hubenschmidt, 2960 Sanitorium: Ms. Hubenschmidt said she is
out on the road by
6:00 a.m.
and she has
met some of the gravel trucks around the corner.
There are bus stops out there, and the trucks “fly.”
Ms. Hubenschmidt
asked if she is in the wellhead protection area.
She was told yes. She has
a question as to what this operation does
to the rest of residents who are
on wells. Mr. Hanvey said he’s
not sure it has any impact. Mr.
Hanvey said it’s his
understanding that they’re not bringing any new
material in. Mr. Hanvey also
reported that a person doing an
environmental study for the gravel pit was
at the township today to gather information for the bank.
Art Mohr, 3012 Sanitorium:
Mr. Mahr asked the board, yes or no, is going to make a motion to red
tag the operation
tomorrow and to have the lawyers under the township’s
direction stop the operations until there’s a legally compliant
operation
in effect according to the current mining ordinance. Dan Lowe said absolutely not.
Mr. Mohr said he was
asking the chairman.
Mr. Lowe said he’s answering the question.
Mr. Lowe said Mr. Mohr talks about responsibility
and read all of
these ordinances—the township attorney says the township better not shut
it down. Mr. Lowe said
he’s
not a lawyer, none of the board members are lawyers, if the township
attorney advises not to do it, the township
shouldn’t take the chance of a
big lawsuit coming down later that all of the township residents have to pay
for.
Mr. Lowe said he’s not
going to take a chance until the township legal advisor says so.
Mr. Hanvey said if Mr. Mohr
were to go to the courthouse, he would
have access to the counter complaint that they filed.
It might provide some
insight. Mr.
Mohr said according to the township rules, the supervisor is responsible for
the conduct of the legal
people that are serving this township, not Dan
Lowe. That is why Mr. Mohr is
asking Mr. Hanvey the question.
Mr.
Mohr said he has one more point to make.
He attended the ZBA meeting and asked a question of the chairman
at
the end of the meeting. Mr. Mohr
asked the ZBA members if there are any zoning appeal matters pending or
being
discussed with or before the ZBA or its members by Northern Materials,
Inc. and/or
San Marino
or its attorney
related to the mining operation now growing on the former
Trierweiler property on
County Farm Road
.
Chairman John Lowe said no,
there have been no applications. Mr.
Mohr asked if there’s been a call of inquiry or
discussion.
Chairman Lowe said no.
Marion
Oaks
Bob Hanvey reported that a lawsuit has been filed against the
township. Mr. Hanvey is asking
for the board to grant
authority to get Mr. Meagher involved in defending
that lawsuit. Sue Lingle
motioned to get Mr. Meagher involved in the
lawsuit with Marion Oaks. Myrna Schlittler seconded. Roll
call vote:
Dave
Hamann, Sue Lingle, Bob Hanvey,
Myrna Schlittler, Dan Lowe—all yes.
Motion carried 5-0.
Norton Road
Manholes
Bob Hanvey said the township received a letter from the
attorney suggesting the procedure. Phil
Westmoreland said
he talked with the attorney this afternoon.
Dave
Hamann said the attorney is suggesting the township give Allied the
opportunity to make the necessary repairs.
Dan Lowe said the township already gave Allied a June 1 deadline.
Mr. Westmoreland said in Allied’s opinion, they did the work
correctly. It’s Mr.
Westmoreland’s opinion that they
did not do what they were supposed
to. The contract called for 1 ½”
of asphalt, and Mr. Westmoreland measured it at
3/8” to ½” where it’s
failing—significantly less than the contract required.
Mr. Westmoreland said they’re claiming that
based on the load
tickets in the areas that they put down, you can calculate the thickness
based on the tonnage they
put down in the area.
Mr. Westmoreland’s experience with those is they’re never
accurate. He goes by what is
measured in place. That is what
governs all the time. There
isn’t a company or standard out there, including MDOT,
that takes the load
tickets and says what was placed is the correct thickness.
It’s always done on measurements.
Mr. Westmoreland feels Allied has been given the opportunity to
correct the problem.
(Myrna Schlittler excused herself from the meeting at
8:55 p.m.
)
Dan Lowe said he’s like to see the township accept the bid
from Tom Rogers and proceed with the work.
Mr. Lowe asked Mr. Westmoreland if he could come out as Tom Rogers is
taking the material out and verify actual
measurements of different spots.
Mr. Westmoreland said yes. Dan Lowe motioned to approve Tom Rogers Paving
for the
parking lot and Norton Road
manhole repairs.
Dave
Hamann seconded. Roll call vote:
Dave
Hamann,
Sue Lingle, Bob Hanvey, Dan Lowe—all yes.
Motion carried 4-0.
REUs
Bob Hanvey said
the issue is the township has a motion from
1999 that says any new project that wants sewer and
water service would have
to pay the REU in one payment up front.
Mr. Hanvey suggested the best approach might be
to have the
developments pay for the REU charges as the land use permits are drawn, with
the provision that the service
may or may not be available.
If they want to have a guaranteed reserve service, they could pay the
whole thing up front,
under the density that is in place at the current
time. To restate, if they pay
for the
REUs
up front at the density that is
currently approved, the
REUs
will be available. If it’s a
situation where there has been a rezoning and the density has
increased,
then the township can’t guarantee the service.
Mr. Hanvey asked if the sequence would be that the Planning
Commission grants approval first, then they pay for the REU charge?
Ms. Lingle said yes, the same as new users.
Mr. Hanvey suggested that the percentage should be 25% of each REU,
not 25% of the
REUs
. Dan Lowe said it
should be
done by phase, not for the entire project.
Sue Lingle motioned that the requirement on REUs for water
and
sewer be 25% due when land balancing permit is issued and paid upon
approval of the Planning Commission of any
project as long as the zoning has
not changed, with 75% paid as each land use permit is issued, and the
Planning
Commission can approve various phases and the 75%/25% would pertain
to each phase as the project progresses.
Dave
Hamann seconded. Roll call vote:
Dan Lowe, Bob Hanvey, Sue Lingle, Dave Hamann—all yes.
Motion carried 4-0.
NEW BUSINESS
(continued)
Clark-Hill Invoice
Sue Lingle motioned to approve the invoice from Clark-Hill in
the amount of $17,924.24.
Dave
Hamann seconded.
Roll call vote:
Bob Hanvey, Sue Lingle,
Dave
Hamann, Dan Lowe—all yes. Motion
carried 4-0.
Land Division
Bob Hanvey said the general ordinance should be changed so
that land division approval will require payment of the
taxes prior to the
new parcels being created. Sue
Lingle motioned to have Mike Kehoe write an amendment to the land
division
ordinance to incorporate language that would require payment of taxes prior
to approval of a land division.
Dave
Hamann seconded. Motion carried 4-0.
Richland
Invoice
Bob Hanvey said some of the items are not yet complete, most
notably the cap on the HVAC pad. Sue
Lingle motioned
to table Richland
pay request #10 until outstanding issues are resolved.
Dan Lowe seconded. Motion
carried 4-0.
Deputy Clerk Salary
Sue Lingle motioned to approve the salary for the new deputy
clerk at $13 per hour. Dave
Hamann seconded.
Roll call vote:
Dan Lowe, Bob Hanvey, Sue Lingle, Dave Hamann—all yes.
Motion carried 4-0.
Sewer Assessment Refund
Chris and Lisa Zucker at
3825 Norton Road
have requested a refund because the home is 700 feet from the road.
Sue Lingle asked to have the measurement verified prior to issuing a
refund. Sue Lingle motioned to refund the sewer
assessment principle
and interest paid to date, contingent upon verification of the measurement
by the zoning
administrator. Dave
Hamann seconded. Roll call vote:
Dave Hamann, Dan Lowe, Bob Hanvey, Sue Lingle—all yes.
Motion carried 4-0.
PLANNING COMMISSION REPORT
Dave Hamann reported that the Planning Commission met twice
in August—an ordinance workshop on August 3 and
the regular meeting, with
public hearings on text amendments, on August 24.
The Rules & Procedures document was
also finalized.
PARKS & RECREATION REPORT
Sue Lingle said the Parks & Recreation Committee
hasn’t met yet this month. She
will provide the report at next
month’s meeting.
ZBA REPORT
Dan Lowe reported that a ZBA meeting was held on September 7.
The variance for Family Golf’s air-supported dome
was approved.
Jesse Drive
was tabled for additional information.
ZONING ADMINISTRATOR REPORT
Provided in packets.
DPW REPORT
Provided in packets.
FIRE AUTHORITY REPORT
Bob Hanvey reported that a brief
meeting was held last month. The
combination of the
Brighton
and Howell Area
Fire Authorities is still being pursued.
MHOG Report
Bob Hanvey reported that the water loss is down
substantially. A meter will be
used to meter the water going into
Howell
Township
.
FOR THE GOOD OF THE TOWNSHIP
Bob Hanvey reported that the township assessor passed away. A deputy assessor has been hired and started
September 1. There are several alternatives for the
township The deputy assessor is a level 2 and is about halfway to
level 3.
Possibly a level 3 could be hired for one day per week.
CALL TO PUBLIC
Debra Wiedman-Clawson commented that the township
did an excellent job selecting the maintenance people for
the cemeteries
this year. Dan Lowe mentioned
there are still several large trees that need to be removed.
Ms. Wiedman-Clawson said her husband has volunteered to help. Bob Hanvey said one of his suggestions would
be to have some
sculptures made from the trees. Ms.
Wiedman-Clawson said she would be willing to research
having that done.
Dan Lowe will check with Crosscut for prices on getting the trees
topped.
TREASURER’S REPORT
Dave Hamann motioned to accept the treasurer’s report with
expenses of $80,794.91. Sue
Lingle seconded.
Motion carried 4-0.
ADJOURNMENT
Sue Lingle motioned to adjourn the meeting at 9:40 p.m.
Dave
Hamann seconded. Motion
carried 4-0.
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