BOARD OF TRUSTEES MEETING

                          AGENDA and DRAFT MINUTES

                              Thursday, Nov. 8, 2007  

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 October 25, 2007 Regular Meeting Minutes

b.)    October 23, 2007 Planning Commission Report

c.)    Complaint Report

d.)    DPW Report

e.)    Treasurers Report

f.)     Zoning Report

2.      Hazard Mitigation Plan Approval

3.      FEMA Ordinance

4.      OHM  Proposed Review Fee Schedule

5.      Peavy Road Force Main Final

6.      Text Amendment #07-07/Z-63-07 Section 8.04 E #3 Existing Residential Subdivision District-Rear Yard Set Back Requirements

7.      Text Amendment #07-07/Z-64-07 Section 3.02 Figure 3-9-Existing Residential Subdivision District-Diagram of Rear Yard Set Back Requirements

8.      General Schedule #23-Election Records (Entire Schedule can be reviewed in the Clerk’s office)

9.      Bulk Mailing Permit

10.  Recycle Livingston Agreement

11.  Musson Hills South Final Preliminary

     Correspondence/ Updates

   Norton Road Bridge

   Jewell Road Bridge

   Next Board Meeting-Nov. 29, 2007

  AT&T Video Franchise Agreement

 For the Good of the Township

Call to the Public

Adjournment

                                                            DRAFT MINUTES 

MEMBERS PRESENT:               Bob Hanvey, Paula Wyckoff, Dave Hamann, Tammy Beal, Les Andersen, Travis Hodge, and Dan Lowe

MEMBERS ABSENT:                 None

OTHERS PRESENT:                  Phil Westmoreland, OHM

CALL TO ORDER

Bob Hanvey called the meeting to order at 7:00 p.m. 

PLEDGE TO FLAG

CALL TO THE PUBLIC

None

APPROVAL OF AGENDA

Dave Hamann motioned to amend the agenda and move the AT&T Video Franchise Agreement Presentation from the Correspondence/Updates to # 3 on the regular agenda and add the Stantec contract to #13. Les Andersen seconded.  Motion carried 7-0.

CONSENT AGENDA

Dave Hamann motioned to approve the consent agenda as amended.  Les Andersen seconded. 

AT&T VIDEO FRANCHISE AGREEMENT

AT&T Representative Brian Norman explained that AT&T wants to bring competition to our current carrier. They will try to do this with as little disruption as possible. He said one V-Rad box will service 600-700 customers. He stated that the service is already in Marion Township but he doesn’t know how many or which residents actually have it.

HAZARD MITIGATION PLAN

Richard Winsett explained that this is a separate Federal Plan from the NFIP. He said that Marion Township doesn’t have a lot of issues but the new Howell High School is certainly a concern. If we approve this it means that we agree to join Livingston County ’s Hazardous Mitigation Plan and they will run our program with our assistance. If we don’t join we can’t get Federal funds before or after a disaster or no Homeland Security funds. As per the 2000 Census if you have a population of under 10,000 you have to go thru the county’s plan. If your population is over 10,000 you can run your own plan provided that you create a support plan and appoint a leader. If your population is 25,000 or higher you have to run your own Hazardous Mitigation Plan. No action taken.

FEMA ORDINANCE

Richard Winsett thinks we should join NFIP because it is a good mitigation plan.

Jack Lowe, chairman of the Planning Commission, said he understands that if you join the NFIP that mortgage companies will make you use USGS Benchmarks to establish flood elevations before building and that is time consuming and very costly. He also stated that we don’t have a real count of houses or acres of land that are in the flood plains. Jack said that he would research and report on the price difference between NFIP Insurance and mortgage company flood insurance.

Bob Hanvey said he would get a list of homes in the flood plains and a count of acres in the flood plains. (AI #1).  No action taken.

OHM PROPOSED REVIEW FEE SCHEDULE

Phil Westmoreland, Township Engineer, explained the fee schedule. This is for new site plans that come in. The current reviews that are already in progress will be charged an hourly rate. Les Andersen motioned to accept OHM’s fee schedule. Paula Wyckoff seconded. Roll call vote: Dave Hamann, Dan Lowe, Tammy Beal, Bob Hanvey, Paula Wyckoff, Les Andersen, Travis Hodge—Yes; Nays—None. Motion Carried 7-0.

PEAVY FORCE MAIN FINAL INVOICE

Motion by Les Andersen to accept OHM’s invoice and pay C&E Construction Company $7,033.32 Tammy Beal seconded. Roll call vote: Paula Wyckoff, Travis Hodge, Bob Hanvey, Dave Hamann, Tammy Beal, Les Andersen, Dan Lowe—Yes. Nays-None. Motion carried 7-0.

TEXT AMENDMENTS

Les Andersen motioned to approve Text Amendment #07-07/Z-63-07 Section 8.04 E #3 Existing Residential Subdivision-Rear Yard Set Back Requirements and #07-07/Z-64-07 Section 3.02 Figure 3-9; Existing Residential Subdivision District Diagram. Tammy Beal seconded. Motion Carried.

GENERAL SCHEDULE #23-ELECTION RECORDS

Tammy Beal explained that the State has revised and approved of a new retention schedule pertaining to election record retention. She advised that the Township should adopt this schedule because of the updates. Dave Hamann motioned to adopt the new General Schedule #23 for election record retention. Paula Wyckoff seconded. Motion Carried.

BULK MAILING PERMIT

Bob Hanvey explained the fee schedule and stated that there is a cost savings on any bulk mailing except taxes. Les Andersen motioned to approve the usage of bulk mailing. Seconded by Dave Hamann. Roll call vote: Bob Hanvey, Dave Hamann, Tammy Beal, Travis Hodge, Les Andersen, Dan Lowe, Paula Wyckoff,  —Yes. Nays-None. Motion carried 7-0.

RECYCLE LIVINGSTON AGREEMENT

No new information is available. Dave Hamann motioned to table this item until more information was available. Paula Wyckoff seconded. Motion Carried.

MUSSON HILLS SOUTH FINAL PRELIMINARY

Jim Barnwell presented Musson Hills South. It is 46 acres on D-19 north of Coon Lake Road with 30 lots. Dave Hamann motioned to give final preliminary approval to Musson Hills South part of parcel # 10-23-200-001 with conditions. Paula Wyckoff seconded. Roll call vote: Dave Hamann, Tammy Beal, Les Andersen, Dan Lowe, Bob Hanvey, Travis Hodge, Paula Wyckoff—Yes. Nays-None. Motion carried 7-0.

Discussion followed and Mr. Charles Musson stated that those are not conditions but recommendations from the Fire Department, Livingston County Road Commission, DEQ etc.

Dave Hamann motioned to amend the previous motion and it should now state: Motion to give final preliminary approval to Musson Hills South part of parcel # 10-23-200-001, plan dated 11-01-2007 with no sidewalks or no street lighting. Paula Wyckoff seconded. Roll call vote: Les Andersen, Dan Lowe, Bob Hanvey, Travis Hodge, Paula Wyckoff, Dave Hamann, Tammy Beal, —Yes. Nays-None. Motion carried 7-0.

STANTEC

Tammy Beal motioned to approve the agreement with Stantec, to sign the contract and to pay them $4,677.00 for professional services during the Chestnut LLC vs Marion Township Court case. Seconded by Dave Hamann. Roll call vote: Dan Lowe, Travis Hodge, Paula Wyckoff, Dave Hamann, Tammy Beal, Les Andersen, Bob Hanvey —Yes. Nays-None. Motion carried 7-0.

CORRESPONDENCE/UPDATES

Norton Road Bridge :  Bob Hanvey updated the board on the progress of this project. He spoke with the MDOT Representative and he said that the bridge would be completed by November 15, 2007.

Jewell Road Bridge :  The East bound lane is now open for traffic. This will be a one-lane bridge until repair funding is available.

Next Board Meeting: The next board meeting will be Thursday, November 29, 2007 at 7:00 pm. The packets will be ready for pick up on Wednesday, November21st after 3:00 pm.

Poverty Exemptions:  They are now based on federal guidelines. The new requirement by the State is that the Board of Trustee must set asset guidelines for the Board of Review to follow.

FOR THE GOOD OF THE TOWNSHIP

Les Andersen reported on Oceola Township ’s Board of Trustee meeting.

·         They have a lawyer on retention that attends every Board of Trustee meeting.

·         They advertise in the Community News because it’s one half the cost of advertising in the Press & Argus.

·         Their Zoning Administrator is at every Board of trustee meeting.

·         Board members on multiple boards only get one vote per issue.

Bob Hanvey reported that the Chestnut judgment was signed October 12, 2007. They only have 21 days in which to appeal it and that day was Friday, November 2, 2007, as of today we have not heard of them wanting to do so. Dec. 6, 2007 we have a court date to see if we can recoup expenses from this trial.

CALL TO THE PUBLIC

Jack Lowe explained to the board that he has new information concerning the NFIP. He said he has discovered information that states if we join the NFIP that the township must obtain elevations of the lowest level of all new construction and keep a permanent record of them. He will research this further.

Mr. Charles Musson thanked the board for amending their first motion concerning his development Musson Hills South.

ADJOURNMENT

Dave Hamann motioned to adjourn at 9:36 p.m.  Les Andersen seconded.  Motion carried 7-0.