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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                                             



Bob Hanvey called the meeting to order at 7:32 p.m.  



The members of the Board of Trustees introduced themselves.


Dave Hamann motioned to approve the agenda as amended.  Sue Lingle seconded.  Motion carried 5-0.




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.


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


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.

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.


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.


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.


Sue Lingle said the Parks & Recreation Committee hasn’t met yet this month.  She will provide the report at next 

month’s meeting.


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.


Provided in packets. 


Provided in packets.  


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 .


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. 


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. 


Dave Hamann motioned to accept the treasurer’s report with expenses of $80,794.91.  Sue Lingle seconded.  

Motion carried 4-0.


Sue Lingle motioned to adjourn the meeting at 9:40 p.m.  Dave Hamann seconded.  Motion carried 4-0.