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                                  MARION TOWNSHIP

               AGENDA and DRAFT MINUTES

                        September 22, 2005  

                     

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

MEMBERS PRESENT/ ABSENT:  

CALL TO THE PUBLIC:    Agenda Items Only – 3 minute limit

1. 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 Agenda

   b.) Approval of September 8, 2005 Public Hearing Minutes

   c.) Approval of September 8, 2005 Minutes

   d.) Treasurer’s Report

   e.) ZBA Report

   f.) Parks and Recreation Report

2. Peavy Force Main

3. Site Plan Approval for Pines of Kingswood

4. Private Road Approval for Bentley Ridge

5. Howell Heights Entrance Sign

6. Zoning Member Nomination

7. Radick Show Cause Update

8. Federal Mileage Standards (48.5 cents per mile)

9.  Neil Creer Sewer and Water Assessment Refund

FOR THE GOOD OF THE TOWNSHIP

CALL TO PUBLIC:

ADJOURNMENT:  

                    DRAFT MINUTES - PUBLIC HEARING

MEMBERS PRESENT:               Bob Hanvey, Sue Lingle, Dave Hamann, and Tammy Beal

MEMBERS ABSENT:                 Dan Lowe

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

CALL TO ORDER

Bob Hanvey called the public hearing to order at 7:18 p.m.

MEMBERS PRESENT

Bob Hanvey introduced the board members present; Dan Lowe was absent. 

CALL TO THE PUBLIC

None.

HEARING FOR OBJECTIONS TO COPPERFIELD WATER SPECIAL ASSESSMENT

The supervisor asked if there were any objections to the Copperfield Water Special Assessment.  None were heard.

The township clerk verified the appropriate notices were published, on September 11 and September 18, and all

appropriate mailings were done. 

Dave Hamann motioned to adopt the following resolution: 

WHEREAS, the township board of the Township of Marion, Livingston County, Michigan, after due and legal notice, has

conducted a public hearing upon a proposed assessment roll prepared by the supervisor for the purpose of defraying a

portion of the costs of providing water service within the Copperfield Water District.

AND WHEREAS, such public hearing was preceded by proper notice in the Livingston County Daily Press & Argus, a

newspaper of general circulation in the township, and by first-class mail notice to each property owner of record within said

district and upon said assessment roll.

AND WHEREAS, comments were received from those present at such public hearing concerning said assessment roll and

opportunity to all present to be heard in the matter.

AND WHEREAS, no written objections were received to said roll and levy.

AND WHEREAS, a record of those present to protest, and of written protests submitted at or before the public hearing was

made a part of the minutes of the hearing.

AND WHEREAS, it is the opinion of the township board that no further time should be granted for consideration of the

matter.

AND WHEREAS, the township board has duly inspected the proposed assessment roll and considered all comments and

proposed amendments thereto and has found the proposed assessment roll to be correct, just and reasonable.

NOW THEREFORE IT BE RESOLVED AS FOLLOWS:

  1. The assessment roll submitted by the supervisor shall hereafter be designated as the Copperfield Water District and

shall hereby be confirmed as the assessment roll for the Copperfield Water District.

  1. The assessments in said Copperfield Water District shall be divided into twenty equal annual installments with the

first installment to be due on or before December 1, 2005 and the following installments to be due on or before the first day

of the same month of each and every year thereafter.  All unpaid installments prior to their transfer to the tax roll as provided

by Michigan Public Act 188 of 1954, as amended, shall bear interest payable annually on each installment due date at the

rate of eight percent per annum commencing on September 1, 2005.

  1. Future due installments of an assessment against any parcel of land may be paid to the township treasurer at any

time in full with interest accrued through the month in which the final installment is paid in accordance with the Michigan

Public Act 188 of 1954, as amended.  If any installment of a special assessment is not paid when due, then the installment

shall be considered to be delinquent and there shall be collected, in addition to the interest as provided by this section, a

penalty at the rate of one percent for each month, or fraction of a month, that the installment remains unpaid before being

reported to the township board for reassessment upon the township tax roll, also in accordance with said PA 188.

  1. The assessments made in said special assessment roll are hereby ordered and directed to be collected by the

township treasurer, and the township clerk shall deliver said special assessment roll to said treasurer with her warrant

attached, commanding the treasurer to collect such assessments in accordance with the direction of the township board

and said PA 188.

  1. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same

are hereby rescinded.

 Sue Lingle seconded.  Roll call vote:  Tammy Beal, Bob Hanvey, Sue Lingle, Dave Hamann—all yes.  Resolution

passed 4-0.  The supervisor declared the resolution duly adopted.

 HEARING FOR OBJECTIONS TO COPPERFIELD SEWER SPECIAL ASSESSMENT

 The township clerk confirmed that the appropriate notices were published and mailed.  The clerk has received the roll that

was presented at the last meeting and was available for inspection by all concerned parties.  The supervisor asked for any

comments.  None were heard. Sue Lingle motioned to adopt the following resolution: 

WHEREAS, the township board of the Township of Marion, Livingston County, Michigan, after due and legal notice, has

conducted a public hearing upon a proposed assessment roll prepared by the supervisor for the purpose of defraying a

portion of the costs of providing sewer service within the Copperfield Sewer District.

AND WHEREAS, such public hearing was preceded by proper notice in the Livingston County Daily Press & Argus, a

newspaper of general circulation in the township, and by first-class mail notice to each property owner of record within said

district and upon said assessment roll.

AND WHEREAS, comments were received from those present at such public hearing concerning said assessment roll and

opportunity to all present to be heard in the matter.

AND WHEREAS, no written objections were received to said roll and levy.

AND WHEREAS, a record of those present to protest, and of written protests submitted at or before the public hearing

was made a part of the minutes of the hearing.

AND WHEREAS, it is the opinion of the township board that no further time should be granted for consideration of the

matter.

AND WHEREAS, the township board has duly inspected the proposed assessment roll and considered all comments and

proposed amendments thereto and has found the proposed assessment roll to be correct, just and reasonable.

NOW THEREFORE IT BE RESOLVED AS FOLLOWS:

1.       The assessment roll submitted by the supervisor shall hereafter be designated as the Copperfield Sewer District

 and shall hereby be confirmed as the assessment roll for the Copperfield Sewer District.

2.       The assessments in said Copperfield Sewer District shall be divided into twenty equal annual installments with

 the first installment to be due on or before July 1, 2006 and the following installments to be due on or before the first

day of the same month of each and every year thereafter.  All unpaid installments prior to their transfer to the tax roll as

provided by Michigan Public Act 188 of 1954, as amended, shall bear interest payable annually on each installment due

date at the rate of eight percent per annum commencing on September 1, 2005.

3   Future due installments of an assessment against any parcel of land may be paid to the township treasurer at any

time in full with interest accrued through the month in which the final installment is paid in accordance with the Michigan

Public Act 188 of 1954, as amended.  If any installment of a special assessment is not paid when due, then the installment

shall be considered to be delinquent and there shall be collected, in addition to the interest as provided by this section, a

penalty at the rate of one percent for each month, or fraction of a month, that the installment remains unpaid before being

reported to the township board for reassessment upon the township tax roll, also in accordance with said PA 188.

4.  The assessments made in said special assessment roll are hereby ordered and directed to be collected by the

township treasurer, and the township clerk shall deliver said special assessment roll to said treasurer with her

warrant attached, commanding the treasurer to collect such assessments in accordance with the direction of the

township board and said PA 188.

5.   All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same

are hereby rescinded.

Dave Hamann seconded.  Roll call vote:  Dave Hamann, Sue Lingle, Bob Hanvey, Tammy Beal—all yes.

Resolution passed 4-0.  The supervisor declared the resolution duly adopted

Call to the Public  

None.

ADJOURNMENT

Sue Lingle motioned to adjourn the public hearing at 7:23 p.m.  Dave Hamann seconded.  Motion carried 4-0.

                                   

                                         DRAFT MINUTES - BOARD MEETING

MEMBERS PRESENT:   Bob Hanvey, Sue Lingle, Dave Hamann, Tammy Beal,

                                     and Dan Lowe (arrived at 7:40 p.m. )

MEMBERS ABSENT:                 None

OTHERS PRESENT:                  Phil Westmoreland, OHM

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

CALL TO ORDER

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

PLEDGE TO FLAG

MEMBERS PRESENT

The members of the board introduced themselves.

CALL TO THE PUBLIC

None.

CONSENT AGENDA

Dave Hamann motioned to approve the consent agenda as amended.  Sue Lingle seconded.  Motion carried 4-0.

APPROVAL OF AGENDA

Tammy Beal motioned to approve the agenda as amended.  Sue Lingle seconded.  Motion carried 4-0.

APPROVAL OF SEPTEMBER 8, 2005 REGULAR BOARD MINUTES

Bob Hanvey asked to have two items amended:  Lucy Road LLC show cause and insurance on the cemetery committee. 

Dave Hamann motioned to approve the minutes as amended.  Sue Lingle seconded.  Motion carried 4-0.

PEAVY FORCE MAIN

Phil Westmoreland gave an update on this project.

SITE PLAN APPROVAL FOR PINES AT KINGSWOOD

Bill Strebbing was present to request final site plan approval for the Pines at Kingswood .  Bob Hanvey said there is a section

of the master deed that should be changed from Livingston County Road Commission (LCRC) standards to township

standards.  Mr. Strebbing agreed with the suggested change.

Tammy Beal motioned to approve the Pines at Kingswood contingent upon change in wording.  Dan Lowe seconded.

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

PRIVATE ROAD APPROVAL FOR BENTLEY RIDGE

Jason Wallace from Desine, Inc. was present to request final approval for Bentley Ridge private road.  Bob Hanvey said there

is some wording regarding parcels 20 and 21 having access to two roads.  Mr. Wallace said the wording could be modified.

Dave Hamann motioned to approve Bentley Ridge private road project, contingent upon resolving language in the master deed

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

Motion carried 5-0.

HOWELL HEIGHTS ENTRANCE SIGN

Lee Posly, 432 Bonnie Circle , was present to request the township’s approval of improvements to the entrance to Howell

Heights subdivision.  Tammy Beal said the zoning administrator offered to oversee the project.  Sue Lingle motioned to

approve the site plan for Howell Heights ’ entrance.  Dan Lowe seconded.  Motion carried 5-0.

Mr. Posly also said that four years ago, when the sewers were put in, there was some damage to the curbs.  He would like

to know if the township would be willing to share the expense of repairs.  The cost is approximately $700.  Bob Hanvey said

the township would investigate the matter and contact Mr. Posly.

ZONING MEMBER NOMINATION

Tammy Beal motioned to reappoint Linda Manson-Dempsey to the Zoning Board of Appeals for another term. Dave Hamann

seconded.  Roll call vote:  Dan Lowe—no; Tammy Beal, Bob Hanvey, Sue Lingle, Dave Hamann—yes.  Motion carried 4-1.

RADICK SHOW CAUSE UPDATE

The zoning administrator was unable to make contact with the Radicks for an update.  This item will be postponed.

FEDERAL MILEAGE STANDARDS

Tammy Beal motioned to approve the federal mileage standards for the township.  Sue Lingle seconded.  Motion carried 5-0.

NEIL CREER SEWER AND WATER ASSESSMENT REFUND

A handout is provided in the packets.  Sue Lingle motioned to adopt a resolution to refund Neil Creer, for tax code

 #4710-01-100-13, the amount of $12,342.80.  Tammy Beal seconded.  Roll call vote:  Dan Lowe, Sue Lingle, Bob Hanvey,

Dave Hamann, Tammy Beal—all yes.  Resolution passed 5-0.

GEER SHOW CAUSE

Mr. Geer said he was out of town and wasn’t able to respond to the zoning administrator’s letter before the meeting. 

He said approximately 60% of the items in the backyard have been removed.  Bob Hanvey asked Mr. Geer for permission to

enter his property for an inspection.  Mr. Geer said no, the zoning administrator inspected the property from the street the

first time; it can be done that way again.  He also said there are no abandoned vehicles as stated.  Mr. Hanvey asked again

if the township could have permission to enter the property.  Mr. Geer again said no. 

FOR THE GOOD OF THE TOWNSHIP

Bob Hanvey reported that the township’s assessor, Vickie Moellmann, passed the level 3 examination.  She will assume the

duties of the assessor and an assistant will be hired.  The MHOG budget is available for inspection and the meeting is next

 Wednesday.  Progress is being made on the basement improvements.  The LCRC made major improvements at Green

Cemetery . 

Mr. Geer said he would provide the township with pictures of his property if necessary.

CALL TO THE PUBLIC

Charlie Musson, 333 Triangle Lake Road :  Mr. Musson commented on the good job done on the fence posts at

Harger Cemetery . 

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 8:17 p.m.   Tammy Beal seconded.  Motion carried 5-0.