AGENDA & DRAFT MINUTES
December 9, 2004
PLEDGE TO THE FLAG:
MEMBERS PRESENT/ ABSENT:
CALL TO THE PUBLIC:
APPROVAL OF AGENDA: Dec 9, 2004
APPROVAL OF MINUTES FOR: November 11, 2004
December 6, 2004
Northern Materials (TT&G) Site
Rainbow Final Billing
Text Amendments (Section 7.10)
Appoint Board of Review Members
Clark Hill Invoice
(October & November)
(October & November)
Emerald Ash Borer
Sewer Rates Study
OHM Maps Approval
Schedule of Regulations
Parks and Rec. (Partnerships for Change)
Township Annual Audit
Crossroads Apostolic Church (Licensing of Day Care Center)
Approval for Present Clerk to sign Land Division Amendment
& RECREATION REPORT
FOR THE GOOD OF THE TOWNSHIP
Bob Hanvey, Sue Lingle, Dan Lowe, Dave Hamann, and Tammy Beal
Westmoreland, OHM, Township Engineer
CALL TO ORDER
Hanvey called the meeting to order at 7:32 p.m.
PLEDGE TO FLAG
OF BOARD MEMBERS
APPROVAL OF AGENDA
Sue Lingle motioned to approve the agenda as amended.
Dave Hamann seconded.
Sue Lingle motioned to approve the agenda as amended. Dave Hamann seconded.
Motion carried 5-0.
APPROVAL OF MINUTES
Board of Trustees Regular Meeting, November 11, 2004
Lowe motioned to approve the minutes as presented.
Sue Lingle seconded. Motion
Ways & Means Meeting, December 6, 2004
Sue Lingle motioned to approve the minutes as presented. Dave Hamann seconded.
Bob Hanvey presented a letter from Shea Charles that seems to state that the 425 agreement is a
done deal. Mr. Hanvey said it didn’t sound that way at the board meeting and he has not received any
written information from anyone that the agreement has been finalized. Mr. Hanvey said the lawsuit
with Highland is still very much alive. The plaintiff has recently hired three new attorneys and they are
stepping up attempts through various courts. The tax tribunal recently issued an order that all the
tribunal activities will be held in abeyance until the circuit court’s judgment from Judge Latrielle can be
resolved at the appellate level. However, the order giving the abeyance was issued about the same
time that Highland filed a pre-trial brief for the tribunal restating the old stuff, but adding a new item,
which is a request to amend their previous appraisal based on the fact that they are now going to be
annexed into the city. Dan Lowe made the following resolution:
Whereas, Marion Township and the City of Howell entered into a contract for conditional transfer of
property on January 19, 1987, under the authority of Public Act 425 of 1984; and
Whereas, that agreement provided for the Township to consent in advance to the transfer of parcels of
land within Marion Township north of Interstate 96 (I-96) Highway; and
Whereas, that agreement was based upon an understanding that providing municipal water and/or
sewer to that area would further the economic well-being of both the City and the Township; and
Whereas, that agreement provided that the only feasible way to provide sewer and/or water services to this area was
through a cooperative contract between the Township and the City; and
Whereas, the purpose for entering into that contract for conditional transfer of property was because
Marion Township lacked the ability to provide municipal sewer and/or water to that area at the time of
the contract; and
Whereas, Marion Township and the City of Howell subsequently entered into a separate agreement
whereby Marion Township is able to purchase and provide municipal sewer to areas of Marion Township
including the area covered by the agreement that provided for the conditional transfer of property; and
Whereas, Marion Township also has the ability to provide municipal water in the Township as well as
within the area covered by the contract for the conditional transfer of property; and
Whereas, Marion Township cooperated with the City of Howell that allowed the City to be able to obtain
property that would provide the “loop road” to Lucy Road; and
Whereas, Marion Township has cooperated with the owners of the “Darakjian Property” to assist them
in their efforts to develop their property located within Marion Township and north of I-96; and
Whereas, Marion Township is being sued by the Highland Howell Development Property involving,
among other things, the assessment of water and sewer services to that property; and
referred to as the “Darakjian Property” and the “Highland Howell Property”
Now, therefore, be it resolved:
1. Marion Township Board hereby notifies the City of
decision of the City of
Township’s ability to provide municipal sewer and water to the subject properties;
the water and sewer assessments with no provision for any resolution of that litigation;
d. The transfer of those properties represents a significant loss of tax revenue, as well as other revenues,
for which the Township will not be adequately compensated;
e. The issue of outstanding sewer and water assessments owed to the Township for these properties is
unresolved. Resolution seconded by Sue Lingle. Discussion: Sue Lingle said one of her big concerns
is the outstanding REUs on that property and how that will be handled. The township has a lien against
that property. Roll call vote: Dave Hamann, Sue Lingle, Bob Hanvey, Tammy Beal, Dan Lowe—all yes.
Resolution passed 5-0.
Bob Hanvey provided a brief updated on this item. The property owners of the 21 parcels on the canal
held at meeting and it was decided to go forward with the testing of the material in the canal area.
The owners would provide the funding for the testing and first-level design. The company has done the
testing and they are awaiting the results.
Bills are in the packets from Advance and SBG, and the engineer has reviewed the SBG invoice.
are also bills coming from the City of
Dan Lowe motioned to approve the bill from Advance Underground Inspections for $5,564.
Sue Lingle seconded. Roll call vote: Dan Lowe, Tammy Beal, Bob Hanvey, Sue Lingle,
Motion carried 5-0.
Sue Lingle motioned to approve the revised invoice 04-0078 in the amount of $21,517.82 submitted
by SBG Construction. Dave Hamann seconded. Roll call vote: Sue Lingle, Tammy Beal,
Dave Hamann, Dan Lowe, Bob Hanvey- all yes. Motion Carried 5-0.
A petition was filed by approximately 50 residents requesting that gravel trains be restricted from
these roads. Mr. Hanvey called the Livingston County Road Commission (LCRC) and in order to
impose a restriction, the township would have to pass an ordinance that would restrict the traffic.
the ordinance. Dan Lowe has talked with the drivers of the gravel trains and they briefly changed
their routes. Mr. Lowe talked with them again and hopefully, they will comply. Mr. Lowe asked the
operators of the gravel pit, who were in the audience, if they could discourage the drivers from taking
back route over to D-19, and try to encourage them to take
them are local deliveries, but he will do his best to keep them on main
Materials (TT&G) Site
Mr. Hanvey indicated the township has received a preliminary site plan that was reviewed at
the last board meeting and given tentative approval. Since that time, the township received a
review from the engineer and an estimate of the restoration amount. There is a lot of activity
place that’s not yet solidified.
Tom Kizer: Mr. Kizer is representing the Mansons in this matter, one of whom is an adjacent
property owner. The other is a resident of the township. They have several concerns. It
appears the township has a gravel pit operator who wants to mine this pit. The township has
an ordinance that is designed to protect all of the citizens from dangerous situations. Even if
the township’s ordinance allows this operation to continue, there is clear law that they do not
have a right to expand it by going beyond whatever boundary the gravel pit had when it was
first operated without complying with the ordinance that’s designed to protect all of the citizens.
What the township is getting from the Trierweiler estate, which apparently has no assets, and
from a gravel pit operator who doesn’t even own the property and who wants to get as much
gravel out of there, and as long as the township delays things and doesn’t take action against
them, they’ll keep mining it, because they’re in it for the economics. Mr. Kizer suggests that
when they are all done, they’re not going to reclaim that property; they’re going to walk away.
The township won’t have a bond, nothing sufficient to protect the citizens adjacent to the pit.
In addition, right now the township has an operation going on and it’s going to be sued by
somebody. Apparently, there have been threats made by the operators or by the Trierweiler
estate or somebody, that if the township takes action to limit what they’re doing and to comply
with the township’s ordinance, that they’re going to sue the township for damages. If somebody
falls into that pit, or other damages, the township will be sued there too. If the township allows
and permits this operation, knowing there is a deed restriction, so that the Mansons’ property
is subjected to a violation of this restriction, the township will be sued for the damages it
allowed to happen to them. The easy way out is to tell the operators the township will take
action unless the following occurs: the operator clears up the deed restriction and the township
enforces the ordinance. Mr. Kizer is urging the township not to approve anything and to take
action under the ordinance through the township attorney or through an expert that is hired.
may eliminate the need for action.
to the Public
Glen Caverly, Northern Materials: Mr. Caverly asked what Mr. Kizer means by “expanding the pit.”
Mr. Hanvey said that’s a question for the attorneys to work out. Mr. Hanvey made a recommendation
the board table this issue and allow the attorneys to work on it.
Brian Manson, 2950 Sanitorium: Mr. Manson asked what the township will do if the operator walks
Mr. Hanvey said the township doesn’t have a plan for that right
John Manson, 3048 Jewell: Mr. Manson said we’ve been at this since July and he’s asked questions
of the township’s attorney, who never got back with him. But since the township’s been at this since
July, why isn’t there a plan? Mr. Hanvey said for the scenario Brian Manson presented, the township
doesn’t have a plan. For the scenario that suggests that the plan presented by the operators is feasible
and that the engineers have reviewed, that the township will attempt to proceed with and get
Mr. Kizer’s problems resolved is the plan. Mr. Manson said again that his concern is that the operator
won’t finish. If the operator came in with enough money to solve the problem, he wouldn’t object.
Dan Lowe said there has been some talk that once the operator takes out the 200,000 yards, if they
can’t go on to the 10 acres, there’s some ways to put retaining walls in and still make it work out with
the grades. Mr. Manson asked if the township has looked at the plan that was presented. Mr. Hanvey
said yes. Mr. Manson asked if it’s a feasible print? Mr. Hanvey said it seems viable so far.
Mr. Manson asked if the setbacks were measured, etc, and what if they walk. Mr. Lowe said the
township has been furnished with a bond for $40,000, and that needs to be worked out. The engineer
$149,000. Mr. Manson asked if
that amount is adequate.
Phil Westmoreland, OHM: Mr. Westmoreland said in his opinion as a licensed Professional
Engineer in the State of Michigan , yes. Mr. Westmoreland said they did actual quantity takeoffs;
they didn’t pull the number out of the air. They took the plans, did the quantity takeoffs, compared it
to real-life numbers that are typically bid on not only municipal projects, but private projects, of this
nature and type. There are some assumptions that there is enough topsoil on the site to restore it,
and that the quantity of dirt on the adjacent property can legally be used. If that were not used, then this
wouldn’t fix it.
would the township back it up? If Mr. Westmoreland is going to put his name on it and says it can be
for $149,000 and it costs $500,000, will the township back it up?
Does OHM have insurance?
Paul Damon, 2992 Jewell: Mr. Damon asked Mr. Hanvey if he’s measured at the site and are they
150 feet from the lot line? Mr. Hanvey said they are not, they are approximately 75 feet. John Manson
asked Mr. Hanvey if it was safe. Mr. Hanvey said he chose not to walk to the edge. Mr. Manson asked
if someone falls off of that, does that make the township liable? Mr. Hanvey said it’s a private piece
of property and it’s the same as if someone fell in Mr. Manson’s backyard. Mr. Damon asked if the
is going to stop them. Mr.
Hanvey said not today.
Dan Lowe asked to clarify a couple of items with Mr. Damon. Mr. Lowe stated he has not hauled
anything out of the gravel pit, although he could if he wanted to. Mr. Lowe said if he hears any more
rumors to the effect that he’s hauling out of there and getting some kind of deal cut, then Mr. Damon will
hearing from Mr. Lowe’s attorney.
Dave Hamann motioned to table this agenda item until the attorneys can get together. Sue Lingle
Motion carried 5-0.
Mike Arens said a final payment is being requested by Rainbow Construction, which has been
presented to the Livingston County Board of Public Works without action by the Marion Township Board.
Mr. Arens said basically, the county doesn’t have sufficient funds to pay off this final pay request. One of
the reasons the resolution was written is because there are insufficient funds in the county bond funds to
handle this. Any final payment of this amount would have to come from the township. Regarding the
issue in the change order, Mr. Hanvey and Mr. Lowe have explained to the county board concerns the
township has with the quality of work that was done, problems with items that may have not been done
by the contractor, some alleged concerns about the lack of oversight by the engineer on the project.
Mr. Arens shares those concerns. The nub of the issue is that the township officials authorized the work
the time, and the township engineers approved it.
The concern the County
have no standing to withstand a lawsuit on the part of the contractor if they elect to sue the county. If the
township fails to come through on this, the county would have to borrow internal funds in order to pay off
the final pay request. Those funds would have to be borrowed on the condition that they would be
reimbursed through proceeds of a lawsuit. Specifically, Mr. Arens is concerned about where this
might be headed as a technical and legal matter if this request for approval of the final pay estimate
the forwarding of the funds isn’t taken care of.
Mr. Hanvey said he’s looked at the minutes of the November 4 DPW board meeting and he doesn’t see
the resolution in the minutes. The minutes indicate everything was deferred until January 6. Mr. Hanvey
asked when the resolution was done. Brian Jonckheere said it was done at the DPW meeting; it should
be in the minutes. Mr. Arens said this item was discussed after Mr. Hanvey left the meeting. Mr. Hanvey
said in his opinion, if the township can find a way to pay the money without having to go through the
process of saying it approved the change order for landscaping at about $2,300, he would be willing to
do that. Mr. Jonckheere said it is his intent to make sure this doesn’t move down the wrong path;
nobody wins in that case. Sue Lingle said she would go along with that. Mr. Jonckheere said he would
attempt to negotiate. Dan Lowe said at the very least, they should drop off the $2,311.96.
Jonckheere will talk with Rainbow.
Sue Lingle motioned to approve payment per the request of the Livingston County Board of Public Works
of $17,074.84, less the amount of $2,311.96 unless authorized by legal counsel. Dave Hamann
seconded. Roll call vote: Dan Lowe, Dave Hamann, Sue Lingle, Tammy Beal, Bob Hanvey—all yes.
have a land balancing permit from the township and a restoration permit from the Drain Commission.
Instead, they decided to mine sand. They took out more sand than they should have, and they decided
to bring in some clay. They decided that the land-balancing permit that called for an elevation of 906
wasn’t appropriate. Mark Hathaway has visited the site and said as far as the erosion and
sedimentation, they’re doing okay. The township is concerned about the stabilization of the banks
and the irregular slopes on the south side. The property owner has ignored two stop work orders from
the township and ignored the judge’s temporary restraining order and kept on cutting down trees, etc.
Brian Jonckheere asked Mr. Hanvey if he has seen the activity that’s being reporting out there.
Mr. Hanvey said yes, he has seen activity coming in and going out. He also had a DEQ violation.
He did take down trees after the restraining order was in place. Ken Recker said he believes they
bond and will check with Mark Hathaway.