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                                     MARION TOWNSHIP

                         PUBLIC HEARING 

            There will be a Public Hearing @ 7:00 pm 

for a Special Assessment for Loves Creek and Sesame Drive.

             

       Regular Meeting - Agenda and Draft Minutes

                       December 8th, 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 November 10, 2005 Minutes

    c.) Approval of December 1, 2005 Special Meeting Minutes

    d.) November 14, 2005 Planning Commission Special Meeting Report

    e.) November 22, 2005 Planning Commission Special Meeting Report

    f.) Treasurers Report

    g.) DPW Report

    h.) Zoning Report

    i.) Howell Parks and Recreation Report.

 2. Audit Presentation Approval

 3. Peavy Force Main /$4,292.00

 4. Text Amendment Z-38-05(TXT 25-04;Section 6.18 F#1&G-Condomium Projects)

 5. Text Amendment Z-39-05(TXT 07-04;Section 8.01 F# 6&7-Rural Residential District)

 6. Text Amendment Z-40-05(TXT 23-04;Section 8.02 F# 6&7- Suburban Residential District)

 7. Text Amendment Z-42-05(TXT 05-04;Section 6.19 B-Access Controls)

 8. Text Amendment Z-41-05(TXT 21-04;Section 3.02 Landscaping Definitions)

 9. Howell Township / Marion Township Joint Park

  10. Loves Creek/Sesame Drive Private Road Maintenance Special Assessment

 11. Social Security Privacy Policy/Public Act 454 of 2004 (MCL 445.81)

12.  Zoning Board of Appeals Cost Analysis

13.  Charter Communications Franchise Agreement

14.  Recreation Authority Articles of Incorporation

15.  Black Dot/Cingular Cell Tower

16.  Lighting at the Pump Stations

17.  Clark Hill Invoice

18.  Reappointing ZBA members;  Larry Fillinger (Feb. 2005),

John Lowe(Jan. 2006) and Dan Rossbach (Jan. 2006) for Three Year Terms.

19.  Reappointing Planning Commission Members; James Anderson (Dec. 2005),

       Debra Weidman-Clawson (Jan. 2006) for Three Year Terms.

20.  Marion Township Park #1 (located on Triangle Lake Road )

 21.  ZBA Report

22.    Holiday Hours

23. Meals & Wheels Contribution  

For the Good of the Township

Call to the Public

Adjournment   

                                                DRAFT MINUTES

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

MEMBERS ABSENT:       None

OTHERS PRESENT:        Annette McNamara, Zoning Administer 

                                      Phil Westmoreland, OHM

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

CALL TO ORDER

Bob Hanvey called the meeting to order at 7:50 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.  Sue Lingle seconded.  Motion carried 5-0.

AUDIT PRESENTATION APPROVAL

Ken Palka and Chris Arsenault from Pfeffer, Hanniford & Palka, presented the board with the June 30, 2005 fiscal year end

audit. Mr. Palka said they are issuing an unqualified opinion and the audit process went very well.  Mr. Palka highlighted 

some of the funds, including the General Fund budget to actual, the Water New User fund, and the Sewer Fund. 

 The auditors have four comments for the board:  (1) the township policy handbook section on retirement benefits’ 

payment of premium should be clarified; (2) escrow funds should be kept in a separate fiduciary fund rather than as 

part of the general fund; (3) interfund payables; (4) sewer O&M fund has accumulated significant losses over the past 

four years and user charges and rates should be reviewed.   

Tammy Beal motioned to approve the audit presented by Pfeffer, Hanniford & Palka.  Sue Lingle seconded.  

Motion carried 5-0.

MARION TOWNSHIP PARK #1

Sue Lingle provided the board with copies of the warranty deed transferring the park at Triangle Lake Road south of Coon

Lake Road over to the township.  Sue Lingle motioned to adopt a resolution to accept the donation of the park from 

Fred Brown.  Tammy Beal seconded.  Roll call vote:  Dan Lowe, Tammy Beal, Bob Hanvey, Sue Lingle,

Dave Hamann —all yes.  Resolution passed 5-0.

PEAVY FORCE MAIN

Phil Westmoreland said they are ready to go out to bid the 1st week of January, and he has permits for the township to

sign. Sue Lingle motioned to approve payment of $4,292 to OHM.  Dave Hamann seconded.  Roll call vote: 

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

TEXT AMENDMENTS

Bob Hanvey asked Annette McNamara to update the board on the status of the text amendments for 

Section 6.18 F 1 & G—Condominium Projects; Section 8.01 F 6 & 7—Rural Residential District; 

Section 8.02 F 6 & 7—Suburban Residential District; Section 6.19 B—Access Controls; and 

Section 3.02—Landscaping Definitions.  The Planning Commission, the township planner, and the township attorney 

have reviewed the text amendments.  Mr. Hanvey provided some suggestions for the amendments, and will send this 

information in a formal memo to the zoning administrator.  After discussion, Dave Hamann motioned to provide feedback

to the Planning Commission for its December 27 meeting.  Sue Lingle seconded.  Motion carried 5-0.

HOWELL TOWNSHIP/MARION TOWNSHIP JOINT PARK

Bob Hanvey reported on the progress of this project.  Mr. Hanvey met with Maureen Cross and they would like to start the 

process by determining what the two townships want to do with respect to the well houses. 

LOVE’S CREEK/SESAME DRIVE PRIVATE ROAD MAINTENANCE SPECIAL ASSESSMENT

No action is required on this agenda item.

SOCIAL SECURITY PRIVACY POLICY

There is a requirement that the township adopt a Social Security Privacy Policy by the end of the year. The sample policy

from the MTA is 18 pages.  Mike Kehoe is working on a two-page version.  Dave Hamann motioned to table this item 

until the board’s 12/22/2005 meeting.  Tammy Beal seconded.  Motion carried 5-0.

ZONING BOARD OF APPEALS COST ANALYSIS

The cost analysis shows approximately $600 per meeting, and the township is only charging $200.  It was suggested that

there be a two-case minimum before scheduling a meeting.  Sue Lingle is concerned about making applicant’s wait two 

months.  Dave Hamann said the statute says the township has to respond within 60 days.  Dave Hamann motioned that

the township start enforcing the ordinance on ZBA applications and review the average again in six months and make a

decision on raising the fee.  Dan Lowe seconded.  Motion carried 5-0.

CHARTER COMMUNICATIONS FRANCHISE AGREEMENT

Bob Hanvey said the township received a new franchise agreement from Charter that is very different from the previous one.

Mr. Hanvey sent it to the attorney for review.  Dave Hamann motioned to have Bob Hanvey work with the attorney on the

franchise agreement and return it to the board.  Tammy Beal seconded.  Motion carried 5-0.

HOWELL AREA RECREATION AUTHORITY ARTICLES OF INCORPORATION

Sue Lingle motioned to adopt a resolution approving the Howell Area Recreation Authority Articles of Incorporation.  

Tammy Beal seconded.  Roll call vote:  Bob Hanvey, Dave Hamann , Tammy Beal, Sue Lingle—all yes; Dan Lowe—no.  

Resolution passed 4-1.

BLACK DOT/CINGULAR CELL TOWER

Bob Hanvey provided the board members with the latest offer from Black Dot/Cingular.  Dave Hamann motioned to decline

the offer.  Sue Lingle seconded.  Motion carried 5-0.

LIGHTING AT PUMP STATIONS

Daniel Martin, 1435 Tracilee Drive , was present to ask the board for lighting and signage at the pump station on the

cul-de-sac.  There have been incidents with drugs, firearms, etc.  Dan Lowe suggested putting up gates.  Bob Hanvey 

said all of the pump stations should be lighted.  Dave Hamann asked if there’s any funding available through Homeland 

Security.  Bob Hanvey said probably not.  Dave Hamann motioned to have the supervisor pursue a resolution to the pump 

station issues.  Tammy Beal seconded.  Motion carried 5-0.

CLARK-HILL INVOICE

Dave Hamann motioned to approve the Clark-Hill invoice for $2,204.05.  Sue Lingle seconded.  

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

ZBA REAPPOINTMENTS

Sue Lingle motioned to reappoint Larry Fillinger to the Zoning Board of Appeals.  Tammy Beal seconded. 

Motion carried 5-0.

Sue Lingle motioned to reappoint John Lowe to the Zoning Board of Appeals.  Dave Hamann seconded. 

Motion carried 5-0.

Sue Lingle motioned to reappoint Dan Rossbach to the Zoning Board of Appeals.  Dave Hamann seconded.  

Motion carried 5-0.

PLANNING COMMISSION REAPPOINTMENTS

Tammy Beal motioned to reappoint Jim Anderson to the Planning Commission.  Dan Lowe seconded. 

Motion carried 5-0.

Dave Hamann motioned to reappoint Debra Wiedman-Clawson to the Planning Commission.  Sue Lingle seconded.  

Motion carried 5-0.

ZBA REPORT

Dan Lowe reported that one case was heard by the ZBA at the December 5 meeting, requesting a side yard setback for a 

house and deck.  Both variances were granted.

HOLIDAY HOURS

The township office will be closed the day after Christmas and the date after New Year’s.  The question is what to do for 

the Thursdays prior to the holidays.  After discussion, Tammy Beal motioned to have each staff member work either the 

Thursday before the Christmas holiday or the Thursday before the New Year’s holiday.  Dave Hamann seconded.  

Motion carried 5-0.

LIVINGSTON COUNTY SENIOR NUTRITION PROGRAM

Bob Hanvey said the township received a request from the Livingston County Senior Nutrition Program for a contribution. 

The program currently provides service for approximately 20 township residents.  Tammy Beal motioned to approve a 

contribution of $1,000 for Livingston County Senior Nutrition Program.  Dave Hamann seconded. 

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

FOR THE GOOD OF THE TOWNSHIP

Bob Hanvey said the fire department and 911 are trying to get some siren systems installed throughout the county. 

The actual tower and siren is approximately $18,000 per unit.  There is a $7,000 cost for the central equipment that 

would work with all of the towers.  The fire department will be doing a coverage analysis.  Dave Hamann asked if there are 

federal grants or if it could be funded by the millage.  Bob Hanvey will check.

CALL TO THE PUBLIC

Daniel Martin, 1435 Tracilee Drive :  Mr. Martin asked for a copy of the dog ordinance.  Dave Hamann said it’s a county 

ordinance.  Bob Hanvey will provide Mr. Martin with a copy.

Charlie Musson, 333 Triangle Lake Road :  Mr. Musson said his Verizon cell phones don’t work.  Bob Hanvey said 

Verizon has been approved to co-locate on the township tower, but work won’t be done until after the Super Bowl. 

Mr. Musson also suggested that township representatives attend a public forum to be held by the Livingston County  

Parks and Open Space Advisory Board on December 14 from 6:00-8:00 p.m.  

Daniel Martin, 1435 Tracilee Drive :  Mr. Martin added that the lawn at the pump station was only cut once by the lawn 

service and he’s been cutting it. 

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 9:20 p.m.   Sue Lingle seconded.  Motion carried 5-0.