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BOARD OF TRUSTEES

AGENDA and DRAFT MINUTES

                                        Thursday, September 10, 2009

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 August 27, 2009 Regular Meeting Minutes

b.)    August 25, 2009 Planning Commission Report

c.)    Assessing Report

d.)    Complaint Report

e.)    DPW Report

f.)     Treasurers Report

g.)    Zoning Report

3.      Loves Creek/Sesame Drive Public Hearing on the District

4.      Loves Creek/Sesame Discussion

5.      Loves Creek/Sesame Drive Public Hearing for the Assessment Roll

6.      Vines Road

7.      Darakjian

8.      Marion Retail Center

9.      Advanced Underground Invoice ($14,762.50)

10.  Marion Township Roads

11.  Parker High

12.  Cell Tower Trees

13.  Sump Pump/water softener discharge

14.  Marion Township Park #2

15.  Buck Pole

Correspondence/ Updates

      Mitch Harris Building Company Letter

Call to the Public

Adjournment

                                                      DRAFT MINUTES

MEMBERS PRESENT:               Bob Hanvey, Paula Wyckoff , Scott Lloyd, Les Andersen , Travis Hodge, Tammy Beal , and Dan Lowe (arrived at 7:36 pm )

MEMBERS ABSENT:                 None

**********************************************************************************************************************

CALL TO ORDER

Bob Hanvey called the meeting to order at 7:31 p.m.  

PLEDGE TO FLAG

BOARD MEMBERS PRESENT

The board members introduced themselves. 

CALL TO THE PUBLIC

None.

APPROVAL OF AGENDA

Paula Wyckoff asked to have the buck pole item moved to #3 and Tammy Beal asked to have “office modification” added as item #16.  Tammy Beal motioned to approve the agenda as amended.  Paula Wyckoff seconded.  Motion carried 6-0.

CONSENT AGENDA

Les Andersen motioned to approve the consent agenda.  Paula Wyckoff seconded.  Motion carried 6-0.

BUCK POLE

Aaron Regner was present to update the board members on this project.  He’s raised about $350 through fundraising, but there are additional supplies needed.  Scott Lloyd motioned to authorize funds to complete this project, up to $400.  Paula Wyckoff seconded.  Discussion:  Les Andersen asked if the funds would come from the General Fund or Parks.  Bob Hanvey said General Fund.  Paula Wyckoff said if Mr. Regner raises more money, part of it could be paid back.  Roll call vote:  Lowe, Lloyd, Beal, Hanvey, Wyckoff , Andersen, Hodge—all yes.  Motion carried 7-0.

LOVE’S CREEK/SESAME DRIVE PUBLIC HEARING ON THE DISTRICT

Bob Hanvey opened the public hearing on the Love’s Creek/Sesame Drive district.  He said one bid was used as the basis for the notice, and a bid packet has been done by OHM.

LOVE’S CREEK/SESAME DRIVE DISCUSSION

John San Gregorio, 3255 Sesame Drive , asked if the scope is known.  Phil Westmoreland said patching and overlay with double chip seal on the entire road.

Arnold Jagt, 3321 Sesame Drive , asked how much of the cost is engineering expense.  Bob Hanvey said approximately $12,000, which includes the bid packets, construction services, reviewing bids and making recommendation, marking the road, and some on-site construction inspection.  Additional costs are mailing notices and multiple publications in the newspaper.  Mr. Hanvey said the most the amount can increase without another public hearing is 10%, but the cost can decrease. 

Sharon Turnbull, 2901 Sesame Drive , asked if there would be a weight limit on the roads.  Mr. Hanvey explained they are private roads, and the township has no authority to impose or enforce weight limits.

Larry Diedrick, 3371 Sesame Drive , said it would be beneficial to the roads if the residents all used one rubbish hauler rather than three.

Gary Turnbull, 2901 Sesame Drive , asked if those who oppose would have to submit written request tonight.  Bob Hanvey said yes, 20% would be required; currently, there is 5.24%.

Stephanie Shinabery, 3090 Sesame Drive , asked about access to property during the project, and how long the project will take.  Phil Westmoreland said there will always be access to the property, with the exception of some very brief (1-2 hours) times while work is being done.  The project should take less than a week from start to finish, weather permitting.

James Shinabery, 3090 Sesame Drive , asked Mr. Westmoreland for his opinion on the current condition of the road.  Mr. Westmoreland said it won’t get any better, and a bad winter could accelerate the deterioration.

Dan Lowe said he agrees with Mr. Diedrick’s statement about the garbage trucks.

Tracy Turnbull, 3031 Sesame Drive , said only a few residents have a different rubbish service and she hopes they will reconsider to preserve the road.

Mr. Westmoreland reviewed the schedule for the project.  If approved tonight, he’ll put the project out tomorrow.  The bids will be opened September 22, contract awarded September 24, notice to proceed sent to winning bidder October 8, construction starts October 12, work completed by November 6, and project finalized by November 13.

Mr. Jagt asked about a drainage guarantee.  Mr. Westmoreland said he could ask them for a little more crown in the road.  Mr. Diedrich said there are some ditches that are 4” higher than the edge of the road.

Sharon Turnbull said it would also be helpful if residents put mailboxes where there’s supposed to be, so the mail carrier doesn’t have to leave the road.

Bob Hanvey closed the public hearing at 8:05 p.m.   With the opposing letters turned in, the total is 8.9% so the project can go forward.  Scott Lloyd said as a property owner, he would abstain from voting.

Tammy Beal motioned to adopt a resolution to create the Love’s Creek/Sesame Drive Road Maintenance Special Assessment District.  Travis Hodge seconded.  Roll call vote:  Wyckoff —yes; Hodge—yes; Hanvey—yes; Lloyd—abstain; Beal—yes; Andersen—yes; Lowe—yes.  Resolution passed 6-0 (1 abstention.)

LOVE’S CREEK/SESAME DRIVE PUBLIC HEARING FOR ASSESSMENT ROLL

Bob Hanvey opened the public hearing for the Love’s Creek/Sesame Drive assessment roll.  He said the allocation is based on the number of contiguous parcels owned.  An objection to the way the cost is allocated preserves the owner’s right to object with the Michigan Tax Tribunal within 35 days.  Mr. Hanvey asked if there were any objections—none heard.  Mr. Hanvey closed the public hearing at 8:10 p.m.

Travis Hodge motioned to adopt a resolution to approve the roll for Love’s Creek/Sesame Drive Road Maintenance Special Assessment District.  Paula Wyckoff seconded.  Roll call vote:  Beal—yes; Andersen—yes; Hodge—yes; Wyckoff —yes; Lowe—yes; Hanvey—yes; Lloyd—abstain.  Resolution passed 6-0 (1 abstention.)

Mr. Hanvey said there is 5% interest on the assessment, which will be on the winter tax bill.  The balance can be paid off anytime.  If payment in full is made between November 1 and December 1, the tax bill will be recalculated.

VINES ROAD

Bob Hanvey said he talked with Ken Recker and a SAD can be done for this project under PA 188.  Mr. Recker will send a map delineating the benefitted area.  Charlie Musson asked why the township would want to do this.  Mr. Hanvey said in this case, he feels it should be township.  Tammy Beal motioned to postpone action on this item.  Paula Wyckoff seconded.  Motion carried 7-0.

DARAKJIAN

Bob Hanvey reported that there hasn’t been any action on this item, and asked to have it removed from the agenda until another request is received.

MARION RETAIL CENTER

Information on the costs associated with the project is included in the packet.  After discussion, Dan Lowe motioned to bill the property owner for the entire amount.  Les Andersen seconded.  Motion carried 7-0.

ADVANCED UNDERGROUND INVOICE

Dan Lowe said he’s talked with Advanced, but the person who did the work has been out of town.  He will call on Friday.  He said the work needs to be done by next Tuesday.  Travis Hodge motioned to authorize Dan Lowe to negotiate with Advanced Underground.  Les Andersen seconded.  Motion carried 7-0.

Travis Hodge motioned to authorize Dan Lowe to identify and hire another contractor if necessary.   Les Andersen seconded.  Roll call vote:  Hanvey, Lowe, Wyckoff , Beal, Lloyd, Hodge, Andersen—all yes.  Motion carried 7-0.

TOWNSHIP ROADS

Bob Hanvey said he talked with Jodie Tedesco, who indicated a price of about $40,000.  Mike Craine hasn’t called back yet.  Mr. Hanvey will get additional details from the road commission and report at the next meeting (AI #1.)

PARKER HIGH

Bob Hanvey reported the second meeting of the marketing committee was held.  A questionnaire will be posted online, and comments and suggestions are welcome.

CELL TOWER TREES

A proposed agreement is included in the packets, and has been approved by both attorneys.  Dan Lowe motioned to authorize the supervisor and clerk to sign the agreement.  Paula Wyckoff seconded.  Motion carried 7-0.

SUMP PUMP/WATER SOFTENER DISCHARGE

Bob Hanvey reported that in response to the township’s recent letter, several residents have contacted us asking for options.  The township has been faxing copies of a brochure from the Livingston County Health Department.  Follow-up should be done in a few months.

Dan Lowe said he feels the problem is in the Groveland/Mystic Meadow area.  He will ask Pat Gibbons to check for spikes during heavy rains (AI #2.)

TOWNSHIP PARK #2

John Lowe updated the board members on this project. 

OFFICE MODIFICATION

Tammy Beal said due to the fact that she needs another computer in her office, and during election times there isn’t enough room in her office, Mr. Hanvey has agreed to move into one of the conference rooms in the old building.  The deputy clerk will move into his office.  Ms. Beal also asked the board for permission to create a doorway between the two offices.  No objections were heard.

CORRESPONDENCE/UPDATES

A letter from Karen Leitch of Mitch Harris Building Company is included in the packet at her request.

CALL TO THE PUBLIC

Barney Cole, 918 Francis Road , asked where the grease in the pipe was located.  Dan Lowe said just past the Best Western; most was by Schroeder Park .  The school has cleaned the grease trap.  Mr. Cole also asked about the prioritizing of roads for repair.  He said Francis Road used to be number one, but now is number three.  Les Andersen said the foreman for the LCRC determines that.  Mr. Andersen will ask Tim Johnson to take another look at Francis Road (AI #3.)

ADJOURNMENT

Les Andersen motioned to adjourn at 9:05 p.m.   Scott Lloyd seconded.  Motion carried 7-0.