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                                      BOARD OF TRUSTEES

                                     Agenda and Draft minutes

                             Thursday, November 12, 2009 

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 22, 2009 Regular Meeting Minutes

b.)    October 27, 2009 Planning Commission Report

c.)    October 19, 2009 Heritage Days Meeting Minutes

d.)    October 27, 2009 Park Advisory Meeting Minutes

e.)    Pfeffer, Hanniford, Palka Invoice ($16,500)

f.)     Assessing Report

g.)    Complaint Form

h.)    DPW Report

i.)      Treasurers Report

j.)      Zoning Report

3.      Snow Plow Bids

4.      Musson Hills Extension

5.      Wellman Tornado Siren

6.      Preliminary Review of TXT# 02-08 Article XV Signs

7.      Marion Retail Center

8.      Marion Township Roads

9.      Marion Township Park #2

10.  Highland

11.  Darakjian

12.  Livingston County Sheriff Department

Correspondence/ Updates

     Loves Creek/Sesame Drive

     Michigan Road History

      Consumer Energy Alliance

       AT & T Cell Tower Trees

**Next Meeting-December 10, 2009          

Call to the Public


                                                           Draft minutes


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

MEMBERS ABSENT:                 None



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



The board members introduced themselves. 


Mark Benedetti, president of the Triangle Lake Property Owner’s Association, was present to request the board to create a special assessment district for weed management.  Bob Hanvey suggested the board follow the normal public hearing process.  Property owners can object, in person or in writing, through the end of the first public hearing.  If objections are received from owners of land constituting more than 20% of the total area in the proposed special assessment district, then the association would need a petition.  The TLPOA would be charged 5% interest on the amount spent.  Mark Benedetti said he would like to send a letter to the property owners before the township’s letter is sent.

Gail Mosley, 2230 Wild Cherry, said this is her first meeting, and she thought the township didn’t get involved with homeowner’s associations.  Bob Hanvey explained Public Act 188 and said the township can create special assessment district for certain issues like weed control, storm sewers, snowplowing, etc.

Rebecca Mistretta, 2883 Rubbins, said it was her understanding that the amount would be assessed equally.  If an individual owns more than one lot, and they are contiguous, they would only be charged one share.

Tammy Beal motioned to adopt a resolution to proceed with the process by sending a letter to property owners scheduling the first public hearing for January 14, 2010 .  Les Andersen seconded.  Roll call vote:  Lowe, Lloyd, Beal, Hanvey, Wyckoff , Andersen, Hodge—all yes.  Resolution passed 7-0.


Dan Lowe asked to have item #13 added regarding the litter ordinance.  Item #5 should be changed from cell tower to tornado siren.  Paula Wyckoff motioned to approve the agenda as amended.  Les Andersen seconded.  Motion carried 7-0.


Paula Wyckoff motioned to approve the consent agenda.  Travis Hodge seconded.  Roll call vote:  Wyckoff , Hodge, Hanvey, Lloyd, Beal, Andersen, Lowe—all yes.  Motion carried 7-0.


Five bids were received and are included in the packets.  One of the bidders was not present.  Scott Lloyd asked the representative from Ever So Green how many trucks they have (9).  Les Andersen asked how many years of experience they have.  The representative said 30 years, and they have several local accounts they can provided references from.  Bob Hanvey clarified with Absolute Outdoor Services that the amount for sidewalk de-icing material was for something other than salt.

Scott Lloyd motioned to select Ever So Green for the 2009-2010 snowplowing.  Travis Hodge seconded.  Roll call vote:  Beal, Andersen, Hodge, Wyckoff, Lowe, Hanvey, Lloyd—all yes.  Motion carried 7-0.


Les Andersen motioned to approve a two-year extension on the approval for the final preliminary approval of Musson Hills platted sub.  Scott Lloyd seconded.  Roll call vote:  Hanvey, Lowe, Wyckoff , Beal, Lloyd, Hodge, Andersen—all yes.  Motion carried 7-0.


Les Andersen motioned to authorize Bob Hanvey to sign the easement agreement for an ingress/egress/ utility easement. Tammy Beal seconded.  Motion carried 7-0.


Les Andersen said the township is waiting for authorization from the Livingston County Road Commission giving the township zoning administrator the authority to remove signs from the road right-of-way.  Scott Lloyd questioned the section on home occupation.  Some questioned the size of signs allowed for agricultural products and home occupations.  Tammy Beal motioned to send the ordinance back to the Planning Commission for review.  Paula Wyckoff seconded.  Motion carried 7-0.


Bob Hanvey said that the township received details on the bill from OHM and it should be sent to MRC by next week.


The Coon Lake Road and County Farm Road repairs are done.  John Peretto, 2669 Rubbins, said they missed a spot just south of where the work was done.  Bob Hanvey said there’s not enough in the budget to do any more work.  Scott Lloyd asked how many brine applications were done.  Tammy Beal said two. 


Scott Lloyd motioned to authorize up to $3,000 for Tri-Star Electrical to install service at Park #2.  Paula Wyckoff seconded.  Roll call vote:  Lloyd, Wyckoff , Lloyd, Hodge, Andersen, Beal, Hanvey—all yes.  Motion carried 7-0.

Information on picnic tables is included in the packet.  Les Andersen said the tables should be handicap accessible, and should be durable/no maintenance.  Dan Lowe said they need to be anchored.  Bob Hanvey said the contribution from ITC can be used for the tables.  The board decided to discuss this at next month’s meeting once Jack Lowe has more information on the Amish picnic tables.


Bob Hanvey said they have another three weeks before the deadline to submit appeal documents.


Bob Hanvey updated the board members on this item.


A letter from the Livingston County Sheriff Department is included in the packet.  Travis Hodge said residents have approached him about this idea.  The cost is approximately $260,000 per year, or about $100 per year per house.  It can be done by a special assessment or a millage.  Gail Mosley said the township needs additional police presence.  The township can also contract with the state police rather than the sheriff department.  She said there’s a lack of understanding of how 911 calls are prioritized.  Residents need to be educated and she volunteered her assistance.  Dan Snyder, 4219 Sundance Meadows, said he’s not sold on contracting, but if it goes forward, he would like to consider the state police, as well as the sheriff department. 

Dan Lowe said he doesn’t see any major issues in the township, and feels there is more of a police presence now than ever before.  Ms. Mosley said the population has increased and the economy has declined.  She agrees with creating a special assessment district, but feels that the public needs to be educated first or it won’t be passed.  Les Andersen said he personally doesn’t support contracting with the police; he would rather have a road millage.  Bob Hanvey said he would be willing to discuss this further with Ms. Mosley (AI #1.)


Dan Lowe said the “generic” letter sent by the township regarding littering was not effective.  Dan Lowe motioned to have the zoning administrator send a letter to the violators giving them 72 hours to remove the debris or be assessed a $500 fine, per the township ordinance and signs.  Discussion:  Bob Hanvey said he’s not comfortable sending a letter that cites an ordinance that can’t be enforced.  Barney Cole, 918 Francis Road , asked if Dan saw them dumping.  Mr. Lowe said no, but others did and they admitted it.  Scott Lloyd seconded.  Roll call vote:  Lowe—yes; Lloyd—yes; Beal—no; Hanvey—no; Wyckoff —no; Andersen—no; Hodge—no.  Motion failed 2-5.

Mr. Hanvey said the ordinance needs to be modified and offered to help work on it.  Mr. Lowe said he doesn’t want to work on the ordinance.  Mr. Lowe said if the ordinance isn’t enforceable, then the signs should be taken down.  Mr. Hanvey said he will talk with the attorney and work on the ordinance (AI #2.) 


Love’s Creek/Sesame Drive :  Bob Hanvey reported that the work on Love’s Creek/Sesame Drive is completed until next spring.  Scott Lloyd asked if they pulled soils out.  Mr. Hanvey said the township hasn’t received a report yet.

Michigan Road History:  A handout is included in the packet.

Consumer Energy Alliance :  An invitation from Consumer Energy Alliance is included in the packet.  They are hosting a discussion on Federal Climate Change and Energy Legislation on November 17.

AT&T Cell Tower Trees:  The cell tower trees have been paid for.

The next board meeting will be on Thursday, December 10 at 7:30 p.m.   There will also be a presentation from Burnham & Flower regarding 2010 benefits on December 10 at 5:00 p.m.

Tammy Beal said the office staff has adopted a family for Christmas.  If any of the other board members are interested in contributing, she has a sign-up sheet in her office.

A letter from Michigan Municipal League regarding the family continuation benefit is included in the packet.  The board needs to decide at the next meeting whether the township will cover the cost.




Les Andersen motioned to adjourn at 9:16 p.m.   Tammy Beal seconded.  Motion carried 7-0.