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                                 MARION TOWNSHIP

                             Draft Minutes

                          October 14, 2004  

   

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

MEMBERS ABSENT:        Sue Lingle

OTHERS PRESENT:        Phil Westmoreland, OHM, Township Engineer                                        

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

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 of Trustees introduced themselves.

CALL TO PUBLIC

Jeff Hansen, 100 Lucy Road: Mr. Hansen lives in the City of Howell on the border of Marion Township . His
neighbor has dug an enormous, 4-acre crater next to Mr. Hansen’s house.  It has affected the quality of life in
Mr. Hansen’s residence.  Mr. Hansen said he believes the neighbor has violated township ordinances. He would
like to know what is being done to remedy the situation.  He provided the Board members with a list of items related
to the site.  Mr. Hansen said he is present to appeal to the Board members’ sensibility and to ask for help. 
Bob Hanvey said he understands the problem.  Township representatives have been out to the site several times 
and talked with the owner.  Some agreements were made; however, Mr. Hanvey feels there’s a bit of a credibility 
gap. The site was posted with a Stop Work order on the previous Thursday. The owner was working on Friday 
and the sign was gone. The sign was reposted on Tuesday, and as of today, the sign is down again and he’s back in
operation. Mr. Hanvey said Jack Lowe was at the site this afternoon, and it’s not an acceptable situation.
Mr. Hanvey said he’s talked with the Drain Commissioner regarding the stabilization.  Mr. Hanvey said if the 
situation couldn’t be resolved by Monday or Tuesday of next week, the township will ask for an injunction.  
Mr. Hanvey said the Drain Commissioner might have some other means to encourage cooperation. The Drain
Commission probably has more authority than the township in this matter.  Dan Lowe asked Mr. Hansen if he had
actually seen the owner bring dirt in.  Mr. Hansen said yes, and he’s taken things out since the Stop Work order 
was issued.  Mr. Hanvey said Jack Lowe would discuss this situation with the attorney and the Drain Commissioner
on Friday.  Mr. Hanvey will talk with the Drain Commissioner on Monday, and if something can’t be done by
Monday or Tuesday, the township will seek an injunction.  Mr. Hansen asked the Board to keep him informed. 
APPROVAL OF AGENDA

Dave Hamann motioned to approve the agenda as amended.  Myrna Schlittler seconded.  Motion carried 4-0.

APPROVAL OF MINUTES

Board of Trustees Meeting, September 9, 2004

Myrna Schlittler motioned to approve the minutes as presented.  Dave Hamann seconded.  Motion carried 4-0.

Ways & Means Meeting, October 11, 2004

Dave Hamann motioned to table this item.  Myrna Schlittler seconded.  Motion carried 4-0.

OLD BUSINESS

Rain Garden

OHM provided a list of suggested plants and a price list.  Phil Westmoreland said there’s probably another 2-3 weeks left 

to plant. Otherwise, the planting could be done in the spring. Myrna Schlittler motioned to postpone the rain garden 

selection to have Sue Lingle evaluate what plants should be used and present the information to the Board.  Dan Lowe 

seconded.  Motion carried 4-0.

Fire Ordinance

Bob Hanvey provided the Board with copies of two ordinances.  The first is the Extraordinary Emergency Incident 

and Incendiary Fire Response Cost Recovery ordinance (HAZMAT).  This ordinance replaces part of the previous 

ordinance regarding recovery of costs from hazardous material and extraordinary incendiary events.  It has been 

approved by all other members of the Fire Authority.  The township attorney has reviewed and approved it. 

Mr. Hanvey said the intent is to have all members of the Fire Authority have the same ordinance. This ordinance 

goes hand-in-hand with the other ordinance, which is called the Fire Prevention Code.  This ordinance is really a 

modification to the International Fire Code Book, so the township has to adopt the International Fire Code alone 

with the modifications. Myrna Schlittler motioned to adopt the International Fire Prevention Code, as amended, as the 

Marion Township Fire Ordinance.  Dan Lowe seconded.  Motion carried 4-0.

Myrna Schlittler motioned to adopt the Extraordinary Emergency Incident and Incendiary Fire Response Cost Recovery 

Ordinance.  Dave Hamann seconded.  Motion carried 4-0.

Land Division Ordinance Amendment

Mike Kehoe provided language for an amendment to the Land Division Ordinance G-2-92.  Section 6, entitled “Procedure 

for Review of Application for Land Division Approval,” shall have a new subparagraph E to read as follows:  No land 

division approval will be final until the property taxes for the parent parcel and/or any resulting land divisions have been

paid in full.”  Dave Hamann motioned to adopt the modification to the Land Division Ordinance No. G-2-92.  

Myrna Schlittler seconded.  Motion carried 4-0.

NEW BUSINESS

Coon Lake Dredging

Mike Vernon, 4067 Westhill, introduced himself to the Board.  He lives on the canal on Coon Lake and they have a

unique opportunity to have the canal dredged.  Harry Malynowsky is willing to have the sediment from the canal 

dumped on his property.  There is 100% support from property owners on the canal.  Bob Hanvey said one of the 

issues is the procedure by which this would be done.  Public Act 451 of 1994 includes a section called Part 309

that provides for a body called the Lake Improvement Board that has some authority to create special assessment

districts and to get projects like this started.  The Lake Board is required to do certain studies before it starts 

spending money.  The funding for the study can come from the county-level revolving fund.  Dave Hamann  

mentioned that a seminar on lake improvement boards is being held this Saturday, October 16 from 9 am to 3 pm  

at Hamburg Township .  Dave Hamann motioned to table this agenda item.  Dan Lowe seconded.  Motion carried 4-0.

Clark Hill Invoice

The charges for the month of September are $4,809.72.  Myrna Schlittler motioned to pay the Clark Hill invoice in the 

amount of $4,809.72.  Dave Hamann seconded.  Roll call vote:  Dan Lowe, Myrna Schlittler, Bob Hanvey, 

Dave Hamann —all yes.  Motion carried 4-0.

Jesse Drive Final Site Plan Approval

Dan Depner from Boss Engineering, representing Ray and Rita Ward, introduced himself to the Board. They are

requesting final approval for this project.  Approvals have been received from the MDEQ, the Livingston County

Road Commission (LCRC), the former township planner, OHM, the township Planning Commission, and a 

variance was granted from the township Zoning Board of Appeals for the length of the road. Myrna Schlittler

motioned to approve the final site plan for Jesse Drive , contingent on final approval from the township attorney. 

Dave Hamann seconded.  Motion carried 4-0.

Sundance Meadows Phase 3 Final Plat Approval

Jason Wallace from Desine Engineering was present to request final plat approval for Sundance Meadows Phase 3.  

Mr. Wallace indicated all of the necessary approvals have been received.  Bob Hanvey said he talked with the attorney

about the documents that he needed to do, and there aren’t any at this time.  Mr. Hanvey asked Mr. Wallace about the 

list of soil erosion problems.  Mr. Wallace said the unstabilized areas are the areas where utilities will be installed.  

Once the utilities are installed, the areas will be stabilized. Dan Lowe motioned to approve Sundance Meadows 

Phase 3 final plat.  Myrna Schlittler seconded.  Motion carried 4-0.

Planner Selection

Dave Hamann said the Planning Commission had a special meeting on September 14 to interview three prospective 

planning consultants.  The Planning Commission made a recommendation to the Board to select Carlisle/Wortman

 Associates, Inc. and John Enos as the new township planner.  Mr. Hanvey said he felt any of three candidates 

would be acceptable, although Carlisle/Wortman seemed to come out on top and comes highly recommended. 

Myrna Schlittler motioned to appoint Carlisle/Wortman Associates, Inc. as the township planner. Dave Hamann seconded.

Motion carried 4-0.

Snowplowing Bids

Dan Lowe motioned to table this item until next month so he can get clarification on the bids and to include bids on 

plowing for the cemeteries.  Dave Hamann seconded.  Motion carried 4-0.

3% Tax Penalty

Myrna Schlittler motioned to authorize collection of a 3% penalty on the winter tax bill.  Dave Hamann seconded. 

Motion carried 4-0.

Assessor Contracts

Bob Hanvey provided the Board members with a handout showing projections.  The actual number of dollars in 

expense doesn’t take into account the money allocated for the previous assessor and the deputy assessor that is 

allocated in the benefits category.  That would be absorbed because the contract people are not employees and the 

township won’t be paying benefits.  Dave Hamann motioned to authorize the supervisor to sign contracts with the two

new contract assessors.  Myrna Schlittler seconded.  Roll call vote:  Dan Lowe, Dave Hamann , Bob Hanvey, 

Myrna Schlittler—all yes.  Motion carried 4-0.

Medical Insurance Eligibility

Myrna Schlittler said the township offers Blue Cross/Blue Shield.  Ms. Schlittler read a resolution, provided by

BC/BS, to establish a retiree suffix. Bob Hanvey provided language for the township personnel manual, which 

Ms. Schlittler read. 

Myrna Schlittler motioned to adopt the proposed change in the township personnel policy regarding medical insurance 

coverage after separation from the township. Dave Hamann seconded.  Motion carried 4-0.

Myrna Schlittler made a resolution to establish a Blue Cross/Blue Shield retiree suffix. Eligibility under this suffix will be 

based on a full-time employee obtaining a total of 70 points.  Points are to be determined as follows: 

  • One point for every year of service
  • One point for every year of employee’s age
  • Minimum of 10 years service
  • Minimum age of 55 years

The township guarantees to pay 50% of the premium for participants enrolled under this suffix. Dave Hamann seconded. 

Roll call vote:  Dan Lowe, Bob Hanvey, Myrna Schlittler, Dave Hamann —all yes.  Resolution passed 4-0.

Cell Tower

Bob Hanvey said that AT&T has merged with Cingular.  As a result, they are doing a survey of all of their towers. 

They have hired a company called Unison to contact owners of the property where the towers are in an attempt to

buy out the leases.  Mr. Hanvey asked the Unison representative some questions that she didn’t have the answers to. 

She will get back to Mr. Hanvey with additional information.

PLANNING COMMISSION REPORT

Dave Hamann reported that the Planning Commission held three meetings in September.  A special meeting was held on 

September 14 to interview planning consultants.  A comprehensive plan meeting was held on September 27, where a 

public hearing was set for November 10.  The regular PC meeting was held at September 28.  Agenda items included 

The Meadows, Jesse Drive , a presentation on the new high school, and ordinance amendments. 

PARKS & RECREATION REPORT

No report available this month.

ZBA REPORT

Dan Lowe reported that the Zoning Board of Appeals met on September 7 and approved a road length variance for

Jesse Drive .

ZONING ADMINISTRATOR REPORT

Provided in packets. 

DPW REPORT

Provided in packets.  

FOR THE GOOD OF THE TOWNSHIP

Bob Hanvey commented on two items mentioned in the October 1 issue of the Legislative Michigan Township Association

Report. The first is the Joint Planning that will allow certain exclusions.  This is a proposed amendment to the Joint 

Planning Act.  It states, in part, that if the township joins in planning with another municipality, such as the city, the 

exclusionary provisions of zoning can be combined.  That could mean that if the township planned jointly with the City 

of Howell , the city’s trailer park could be the township’s trailer park.  The other item concerned Conditional Zoning. 

Essentially, it legalizes contract zoning. 

CALL TO THE PUBLIC

Dave Miechiels, National Street , provided the Board with photographs of the property on Lucy Road .  Jack Lowe

asked if the two issues Mr. Hanvey mentioned were state legislation.  Mr. Hanvey said they are proposed. 

Phil Westmoreland indicated that Mr. Hanvey had received a fax from one of OHM’s competitors about a lawsuit 

filed against OHM in 2003 for a project in Ypsilanti Township .  Mr. Westmoreland wanted to assure the Board that 

this lawsuit has no merit. Mr. Westmoreland said OHM represents municipalities almost exclusively. Anytime a 

lawsuit is filed, it’s not unusual for OHM to be included. 

TREASURER’S REPORT

The report for September will be provided at next month’s meeting. 

ADJOURNMENT

Dave Hamann motioned to adjourn at 8:53 p.m.   Myrna Schlittler seconded.  Motion carried 4-0.