BOARD OF TRUSTEES

   AGENDA and DRAFT MINUTES

                                      Thursday, Sept 11, 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 August 28, 2008 Regular Meeting

b.)    August 26, 2008 Planning Commission Public Hearing Report

c.)    August 26, 2008 Planning Commission Report

d.)    Complaint Form

e.)    Treasurers Report

f.)     Zoning Report

3.      Resolution for Rurik Road SAD Maintenance

4.      Resolution for Rurik Road SAD Snow Removal

5.      Preliminary Review of Txt Amend.  #03-08 Section 6.17 Infrastructure & Concurrency Standards

6.      Final Review of Txt Amend. # 01-08 Article VI General Provisions (exception of Section 6.27-Wellhead Protection Area)

7.      Lucy Rd. , LLC Preliminary

8.      Marion Retail Center/OHM Escrow

9.      ZBA- Appointment

10.  2008 Marion Township Road Projects/Norton Road Bids

11.  Fox Fire/Crystal Wood Water Connection

Correspondence/ Updates

Audit Information        

Call to the Public

Adjournment

MEMBERS PRESENT:               Bob Hanvey , Paula Wyckoff , Dave Hamann , Tammy Beal , Les Andersen , Travis Hodge, and Dan Lowe (arrived at 7:40 p.m. )

MEMBERS ABSENT:                 None

OTHERS PRESENTS:                Annette McNamara , Zoning Administrator

                                                Phil Westmoreland OHM

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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

Annette McNamara asked for the board’s direction on the Premier Farms project.  Board members suggested having the attorney send a letter to Mark Janek (AI #1.)

APPROVAL OF AGENDA

Les Andersen motioned to approve the agenda as presented.  Tammy Beal seconded.  Motion carried 6-0.

CONSENT AGENDA

Tammy Beal motioned to approve the consent agenda.  Paula Wyckoff seconded.  Motion carried 6-0.

RURIK ROAD MAINTENANCE SAD RESOLUTION

Travis Hodge motioned to adopt the resolution as presented for the Rurik Road Maintenance Special Assessment District.  Tammy Beal seconded.  Roll call vote:  Hamann, Beal, Hanvey, Wyckoff , Andersen, Hodge—all yes.  Resolution passed 6-0.

RURIK ROAD SNOW REMOVAL SAD RESOLUTION

Travis Hodge motioned to adopt the resolution as presented for the Rurik Road Snow Removal Special Assessment District.  Paula Wyckoff seconded.  Roll call vote:  Wyckoff , Hodge, Hanvey, Hamann, Beal, Andersen—all yes.  Resolution passed 6-0.

LUCY ROAD LLC PRELIMINARY

David Bittner, attorney representing Vern Brockway, reviewed the proposed site plan with the board.  The applicant has been granted variances from the Zoning Board of Appeals, and is working the Planning Commission.  Les Andersen motioned to grant preliminary approval of the plans as presented.  Tammy Beal seconded.  Discussion:  Paula Wyckoff asked about the hours of operation.  Mr. Bittner said the hours were negotiated with the Planning Commission.  Motion carried 6-0.

PRELIMINARY REVIEW OF TEXT AMENDMENT #03-08—SECTION 6.17

Bob Hanvey said he didn’t like the wording in item #4—he suggested ending the sentence after the word “patterns.”  Les Andersen motioned to grant preliminary approval for text amendment #03-08.  Tammy Beal seconded.  Discussion:  Dave Hamann said this amendment can still go back to the Planning Commission for editing.  Motion carried 6-0.

FINAL REVIEW OF TEXT AMENDMENT #01-08:  ARTICLE VI—GENERAL PROVISIONS

Les Andersen motioned to approve Text Amendment #01-08:  Article VI—General Provisions (excluding Section 6.27—Wellhead Protection Area.)  Discussion:  Dave Hamann asked whether the change that gives the zoning administrator the authority to issue temporary dwelling permits for medical reasons was intentional.  Ms. McNamara said yes.  Paula Wyckoff seconded.  Motion carried 6-0.

MARION RETAIL CENTER/OHM ESCROW

Bob Hanvey said that as of today, the parking lot is done.  They want to attach to the sewer line with 6” PVC for the existing building.  Phil Westmoreland said that’s a policy decision for the board.  However, the motivation to fix the public line on the east side of D-19 that was compromised during construction decreases once the approvals are given.  John Lowe asked about them posting a surety bond.  Phil Westmoreland said it should be cash.  Tammy Beal said they want the liquor license.  They’ve received approval from the Sheriff Department and the Fire Department.

Phil Westmoreland will contact them to discuss their plans to fix the problem.  Les Andersen motioned that the township board will inform Mr. Jappaya that the business can’t open until the engineer does an estimate of probable cost, a check or cash bond is received for the repairs, and the escrow shortage is paid; at that time, they can hook-up using the 6” line with OHM and County Building Department approval.  Paula Wyckoff seconded.  Motion carried 6-0.

ZBA APPOINTMENT

Tammy Beal motioned to reappoint Linda Manson-Dempsey to the Zoning Board of Appeals.  Les Andersen seconded.  Motion carried 6-0.

2008 TOWNSHIP ROAD PROJECTS/ NORTON ROAD BIDS

Bob Hanvey reported that the paving is done on County Farm ; the shoulders still have to be done.

Phil Westmoreland said he’s been in contact with the Livingston County Road Commission (LCRC) regarding Norton Road and is waiting for a response.

LCRC paved the intersection of Pingree and Coon Lake Roads because of continual degradation.  They paid for this project.

Scott Lloyd said he talked with the inspector on County Farm regarding the “dip” where it’s joined together.  John Lowe said with the rain and potholes, they should have let it set for a day or two before paving.

FOXFIRE/CRYSTALWOOD WATER CONNECTION

Bob Hanvey said he has sent a letter to the banker.  Dan Lowe said they should also be made aware that there are outstanding issues with landscape trees and the roads need to be capped.  Mr. Hanvey will contact the bank (AI #2.)  Then the engineer can proceed with getting bid specs.  Dan Lowe motioned to get an easement agreement with Mr. Doyan.  Les Andersen seconded.  Motion carried 7-0.

Phil Westmoreland said the DEQ permitting process needs to start, but he needs plans first.  Bob Hanvey said the township will also need to obtain an easement from Dan Lowe if the township does the work.

CORRESPONDENCE/UPDATES

A letter from the auditor is included in the packets.

Bob Hanvey said the hospital project will need REUs , and he discussed the options available to the township.  After discussion, Mr. Hanvey will begin conversations with Darakjian regarding their REUs (AI #3.) 

Mr. Hanvey said the Community Theater of Howell is doing a production written by township resident Shirley Mitchell.

John Lowe updated the board on the retention pond at County Farm/Coon Lake.  Dave Hamann asked if the Planning Commission would receive a site plan.  Mr. Lowe said yes.

A draft Master Plan from Putnam Township is included in the packets.

Les Andersen said that Iosco Township now has high-speed internet.

CALL TO THE PUBLIC

None.

ADJOURNMENT

Dave Hamann motioned to adjourn at 8:05 p.m.   Les Andersen seconded.   Motion carried 7-0.