MARION TOWNSHIP BOARD OF TRUSTEES

      SEPTEMBER 11, 2003 - DRAFT MINUTES       

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

MEMBERS ABSENT:                      None

OTHERS PRESENT:                    Annette McNamara, Zoning Administrator                                             

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CALL TO ORDER

Bob Hanvey called the meeting to order at 7:30 p.m.

PLEDGE TO FLAG

MEMBERS PRESENT

Bob Hanvey introduced the members of the Board.

APPROVAL OF AGENDA

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

After the motion passed, Myrna Schlittler asked to have an item added to the agenda regarding Neubacher.

Sue Lingle motioned to amend the agenda to include Neubacher.  Myrna Schlittler seconded.  Motion carried 5-0.

CALL TO THE PUBLIC

Bob Dymond, West Hill Drive:  Mr. Dymond is on the Coon Lake Hills Association Board.  There’s been a lot of 

discussion about a new high school being built in the township. Mr. Dymond was present to express interest in having 

sewers brought to the area surrounding Coon Lake.  There are serious weed control problems that continue to get 

worse, and many residents on the lake support this request.  Mr. Dymond feels that D-19 will be a rapidly expanding 

corridor.  Ms. Lingle said there were no plans to bring the sewers down that far.  Mr. Dymond said in light of the fact 

that the township is working on a new master plan, now is the time to make the request.  Dave Hamann said another 

meeting will be held next Monday on the comprehensive plan to hopefully finalize the section on future land use.  Then 

another meeting will be held with the Board of Trustees and the residents to present the plan thus far and get additional

input.  Mr. Hanvey said it was his understanding that an “open house” will be held, possibly with displays. After that, a 

formal public hearing will be held.  Mr. Lowe said a big problem is the fixed number of REUs available.  Mr. Dymond

suggested that possible a developer would donate enough land to accommodate another plant.  He feels that with the 

growth in Howell and Pinckney, D-19 is a main corridor and many of the large parcels will start to be developed. Mr.

 Hamann said the master plan survey results show a majority of the residents don’t support the smaller lot developments.

Rick Terres, Associate Superintendent, Howell Public Schools:  Mr. Terres made a presentation to the Board 

regarding the September 22 Bond Proposal.  He also provided a handout that highlighted enrollment projections, a

history of construction for Howell Public Schools, the debt millage rate for districts in Livingston County, tax implications

bond finances and totals, etc. Sue Lingle asked when construction would begin. Mr. Terres said in approximately one 

year, with plans to open the new school in September 2007.  Bob Dymond asked if there were any plans to build 

another elementary school.  Mr. Terres said there is room for two elementary schools by Three Fires Middle School, 

and the district owns 18 acres on County Farm Road.  Jim Barnwell, 701 Pleasant Lake, asked if the township would 

be involved in the process.  Mr. Terres said yes, the school district worked closely with Genoa Township prior to

construction of Three Fires. Mr. Barnwell asked whether the property is in the sewer district. Mr. Hanvey said that 

Wright Road is the southern boundary of the district. Mr. Terres said they would need sewers—approximately 40-60 REUs. 

APPROVAL OF MINUTES

Board of Trustees, August 14, 2003

Dave Hamann asked about the item in the minutes regarding Pleasant Lake Road and the stub road from Timber Bluff, and

whether action had been taken.  Mr. Hanvey said he had tried to contact the resident with the information. Mr. Hanvey said 

he has a copy of PA 207 from 1941, which grants authority for fire department access. Myrna Schlittler motioned to approve 

the minutes from the August 14, 2003 Board of Trustees meeting as presented.  Sue Lingle seconded.  Motion carried 5-0.

Board of Trustees Special Meeting, August 25, 2003

Sue Lingle motioned to approve the minutes from the August 25, 2003 Board of Trustees Special Meeting as presented. 

Dave Hamann seconded.  Motion carried 5-0.

Board of Trustees Ways & Means Meeting, September 8, 2003

Sue Lingle motioned to approve the minutes from the September 8, 2003 Ways & Means Meeting as presented. Dave Hamann

seconded.  Motion carried 5-0.

OLD BUSINESS

None.

NEW BUSINESS

REU Moving

Jim Barnwell, Design Engineering, said the request is the same.  Mr. Scheuner would like to sell/transfer some of his 

REUs.  Mr. Hanvey pointed out that the suggestions from counsel didn’t include how the township board will 

determine the order in which REUs are moved, as well as where they are moved.  Mr. Barnwell said it was originally

planned to be handled between the buyer and the seller.  Mr. Hanvey feels that would create a “black market.” 

Another suggestion would be that the township buy them back, and then sell them as needed.  Another option would

be to look at the people who want to sell them and pick the smallest quantity first to satisfy the request. Mr. Scheuner

would probably have the fewest to sell.  Mr. Hanvey doesn’t want the township to be entirely out of the loop on who 

receives them.  Also, the REUs eligible to be transferred must be part of Phase 2 district, and no “used” REUs can be

transferred.  Dan Lowe suggested reviewing this with the township accountant and township attorney, and have 

something in writing from the attorney stating the township will allow this so Mr. Scheuner doesn’t lose another sale. 

1.  The township refunds the principle and interest to owner and sells to buyer at today’s rate.  The township, seller 

and buyer would be part of the process.

2.       The owner pays off the REUs and handles the transaction privately.

Mr. Scheuner would like feedback by the next regular board meeting.

Dave Hamann motioned to pursue the legality of both procedures.  Sue Lingle seconded.  Motion carried 5-0. 

Fee Discussion

A handout was provided showing comparisons of fees between several townships.  Dave Hamann motioned to table 

this item for further analysis by reviewing actual cases to determine fees to cover township costs, to be assigned to

Cindy Hodge. Sue Lingle seconded. Discussion:  Myrna Schlittler asked about having the township engineer do a 

construction plan review (other than sewer and water).  Phil Westmoreland from OHM recommends that it be done.

Motion carried 5-0.

Building Contract

A report from Tom Klebba outlined the changes in the building contract.  Essentially, the builder is asking for an 

additional $25,000. The builder’s attorney made some changes that the architect objected to. A letter from the township

attorney said the changes from the architect are acceptable, but the builder’s attorney hasn’t seem them yet. 

Dave Hamann motioned to table this item for additional information.  Sue Lingle seconded.  Discussion:  Dan Lowe said 

postponing a decision until the next regular meeting doesn’t allow enough time to start the project.  The Board will ask Tom

Klebba to contact the builder on Monday to see if the contract as modified by our attorney is acceptable, can we proceed or 

will his attorney need to review again.  Motion failed 0-5.

Dave Hamann motioned to approve an additional $25,000 provided that details of the contract are worked out with the attorneys

concurrence.  Dan Lowe seconded.  Roll call vote:  Dan Lowe, Myrna Schlittler, Bob Hanvey, Sue Lingle, Dave Hamann—

all yes.  Motion carried 5-0.

Darakjian Rezoning

Bob Hanvey provided an update on this issue.  The applicant for the rezoning has requested that the township not deal

with the recommendation at this meeting.  The applicant has filed a request with the City of Howell to exercise the options

under the 425 agreement contingent on the township buying back the REUs.  Mr. Hanvey is planning to attend next 

Monday’s Planning Commission meeting to provide more information regarding the site to the north.  The township 

requested that the Livingston County Planning Commission’s review of both rezonings be withdrawn. 

Dave Hamann motioned to table this item.  Sue Lingle seconded.  Motion carried 5-0.  

Howell City Sewer Building

Bob Hanvey passed out bid information.  The city feels this is necessary to keep the plant running. Dave Hamann 

motioned to approve an expenditure of $58,355.97 as Marion Township’s contribution toward the City of Howell’s Wastewater 

Treatment Plant accessory building #1.  Sue Lingle seconded.  Roll call vote:  Dave Hamann, Sue Lingle, Myrna Schlittler, 

Bob Hanvey, Dan Lowe—all yes.  Motion carried 5-0.

The next item is bills for the design of the building and new filtration system.  Sue Lingle asked if the filtration system 

would be obsolete in a few years.  Phil Westmoreland said it should still function as intended.  Myrna Schlittler motioned

 to approve payment of $4896 for design of the accessory building and $21,221.49 for the new filtration system, for a 

total of $26,117.49.  Dave Hamann seconded.  Roll call vote:  Dan Lowe, Myrna Schlittler, Bob Hanvey, Sue Lingle, 

Dave Hamann—all yes.  Motion carried 5-0. 

Norton Road Manholes

Bob Hanvey said a complaint was received from a resident on Norton Road who is concerned about the manhole at 

Turtle Creek.  Ms. Lingle said the resident said the covers are loose and they are too low.  Bob Hanvey and Sue Lingle

drove over the manholes and didn’t see any problems.  Dan Lowe said one problem is the covers set at the base of the

curb and there’s no crown in the road. Sue Lingle motioned to table this item for additional information. Dan Lowe 

seconded.  Motion carried 5-0.

Norton Road Video  

Two bids were received, one from Site Lines for $2640 and one from SOS (Precision Pipe) for $2400.  Dan Lowe 

asked if Tom Klebba had inquired whether SOS still had tapes.  Mr. Lowe said in a conversation with SOS about a 

month ago, they indicated they would check to see if they still had them. Dan Lowe motioned to accept the bid from SOS,

but check to make sure no tapes already exist.  Myrna Schlittler seconded.  Roll call vote:  Sue Lingle, Dave Hamann, 

Bob Hanvey, Myrna Schlittler, Dan Lowe—all yes.  Motion carried 5-0.

Tree on Francis Road  

Tom Klebba provided the Board with information from Russell Tree Service on removal of the tree. 

Dan Lowe motioned to approve $750 bid from Russell Tree Service, provided the price includes both portions of the tree.

Sue Lingle seconded.  Roll call vote:  Bob Hanvey, Myrna Schlittler, Sue Lingle, Dave Hamann, Dan Lowe—all yes.

Motion carried 5-0.

Majestic Oaks Stable

Annette McNamara presented the Board with the information regarding an application from Chuck and Cheryl Carsley 

requesting a Special Use Permit for a commercial stable on Cedar Lake Road.  In addition to site plan review by the 

Planning Commission and a public hearing, a variance was required for the side yard.  The Planning Commission 

recommended approval contingent on the variance being granted. The variance was granted by the ZBA. They have met 

all of the criteria for the commercial stable special use permit.  The Zoning Administrator will create a draft of the 

Special Use Permit and send to the attorney.  The Planning Commission asked for a two-year administrative review. 

Any change in ownership would require review by the Planning Commission. Dave Hamann motioned to approve the 

Special Use Permit for Majestic Oaks Stable.  Myrna Schlittler seconded.  Motion carried 5-0.

Brine

Jerry House from the LCRC indicated that any dust control needs to be done within the next few weeks. 

Sue Lingle motioned to approve grading and brine treatment on East Davis Road.  Dave Hamann seconded.  

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

Neubacher Pump Station

Bob Hanvey said the City of Howell have requested that the shutoffs need to be outside of the structure.  

Tom Klebba provided the Board with information on the bid from Odien. Myrna Schlittler motioned to approve an

amount not to exceed $3000 for Odien to install the valve.  Sue Lingle seconded.  Roll call vote:  Dan Lowe, 

Myrna Schlittler, Bob Hanvey, Sue Lingle, Dave Hamann—all yes.  Motion carried 5-0.

O’Neal Property Clean-up

The Board needs to decide whether to enforce the original agreement.  Dan Lowe suggested that no land division be 

granted until the property is cleaned up.  Sue Lingle suggested the township consult with the attorney on its options. 

The Board tabled this item and will ask Tom Klebba to pursue additional information.

PLANNING COMMISSION REPORT

Dave Hamann said the Planning Commission, at its August 26 meeting:  approved the SUP for Majestic Oaks Stable; 

tabled Pardiac Shell preliminary site plan review; Darakjian rezoning was denied; proposed rezoning of Howell Industrial 

Center was approved; preliminary site plan review for Fox Meadows was approved; Blossom Farms amendment was 

approved; public hearings were set for September 23 for Open Space Preservation language, cul-de-sacs, and proposed 

rezoning from SR to UR of property on Francis Road; home occupations was tabled.  

PARKS & RECREATION REPORT

Sue Lingle said a meeting was held on Tuesday, September 9.  Revisions on the rentals of various rooms and upgrades 

in charges were discussed.  An attendant will be hired to be on site, who can also take registrations.  Mark Swanson, 

head of the seniors group, has started a program for seniors to be bussed to Canada to obtain prescription medication

at a lower cost. There are no liability issues with this program.Marion Township was the first township to pass the Parks

 & Recreation strategic plan and it will be going to the other townships.  Howell Township will be asked to rejoin. 

CONSULTANT’S REPORT

Provided in packets.

ZBA REPORT

Dan Lowe said the ZBA reviewed two cases in September:  Majestic Oaks Stable was approved and a request for a sign 

from the Eagles was tabled.   

ZONING ADMINISTRATOR REPORT

Provided in packets. 

DPW REPORT

Provided in packets.  

FOR THE GOOD OF THE TOWNSHIP

Bob Hanvey said the Georgetown pump station was started up today.

CALL TO PUBLIC

Phil Westmoreland from OHM introduced Bill Costick, Director of Community Relations for OHM. 

TREASURER’S REPORT

Sue Lingle said the final report wasn’t available, but did provide a preliminary report.  Bob Hanvey questioned an invoice 

from Dell for $70. Sue Lingle will check on what the invoice was for.  Expenses for the month of August were $60,045.69. 

Sue Lingle also passed out an invitation received from MTA for its 50^th anniversary celebration. Myrna Schlittler motioned 

to accept the treasurer’s report with expenses of $60,045.69.  Dave Hamann seconded.  Motion carried 5-0.  

ADJOURNMENT

Myrna Schlittler motioned to adjourn the meeting at 10:10 p.m.  Sue Lingle seconded.  Motion carried 5-0.