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AGENDA and DRAFT MINUTES

                       Thursday, December 10, 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 November 12, 2009 Regular Meeting Minutes

b.)    November 24, 2009 Planning Commission Report

c.)    November 24, 2009 Park Advisory Meeting Minutes

d.)    LCRC Invoice for County Farm Road Repair ($6,014.07)

e.)    Foster Swift, Collins & Smith, P.C. Invoice (3,154.15)

f.)     Assessing Report

g.)    Complaint Form

h.)    DPW Report

i.)      Treasurers Report

j.)      Zoning Report

3.      Audit Presentation

4.      Crystal Wood

5.      Final Review-Special Use Permit #01-09 Automobile Repair Business

6.      Amendment to Final Site Plan for George Town Site Condominium

7.      Musson Resolution

8.      Love’s Creek/Sesame Drive

9.      Adopting 2009 Fire Prevention Code

10.  Marion Township Park #2

11.  Highland

12.  Darakjian

13.  Insurance Renewal

14.  Extended Township Hours

Correspondence/ Updates

      Marion Retail Center

       Traffic Summit Report

       Student Intern

        MTA Registration due Dec. 16, 2009

        OHM Luncheon

*Next Meeting- January 8, 2009

    Call to the Public

    Adjournment

                                           DRAFT MINUTES

                  

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

MEMBERS ABSENT:                 None

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

CALL TO ORDER

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

PLEDGE TO FLAG

BOARD MEMBERS PRESENT

The board members introduced themselves. 

CALL TO THE PUBLIC

None.

APPROVAL OF AGENDA

Bob Hanvey asked to have approval of the November 12 minutes removed from the consent agenda. Tammy Beal asked to have an item #15 added to the agenda for ZBA report.  Les Andersen motioned to approve the agenda as amended.  Tammy Beal seconded.  Motion carried 7-0.

APPROVAL OF NOVEMBER 12, 2009 REGULAR MEETING MINUTES

In the section on the Livingston County Sheriff Department, the last sentence of the first paragraph should read, “…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.”  This is at the request of the resident, Dan Snyder.  Paula Wyckoff motioned to approve the minutes as amended.  Les Andersen seconded.  Motion carried 7-0.

CONSENT AGENDA

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

AUDIT PRESENTATION

Ken Palka from Pfeffer, Hanniford & Palka said his company appreciates the opportunity to serve as the township auditors.  He thanked the staff for their help in providing information.  He reviewed the financial statement with the board members.  With regard to the Sewer Fund, he said the board needs to seriously consider looking at the rates and perhaps have a rate study done.  This will be discussed more at the February meeting.  Chris Arsenault reviewed some areas that could be improved including establishing control over the financial reporting process, sewer rates, marking invoices and employee reimbursement requests with indication of review/approval/payment, and continuing to monitor capital-type special assessments. 

Tammy Beal motioned to accept the audit report from Pfeffer, Hanniford & Palka as presented.  Les Andersen seconded.  Motion carried 7-0.

CRYSTALWOOD

Terry Allen, representing the Special Assets Department of Sterling Bank, was present.  Bob Hanvey said there are some items on the original site plan for Crystalwood that need to be addressed.  A water connection to Foxfire was never made, and there’s an issue with tree planting.  In addition, several large trees were recently removed for construction of two houses.  Dan Lowe said there’s also the issue of the top coat of asphalt.  Mr. Hanvey said there may be a redesign of the connection and the board will obtain more information.  Mr. Hanvey thanked Mr. Allen for attending the meeting and for his bank’s responsiveness to the board’s concerns.

FINAL REVIEW—SPECIAL USE PERMIT #01-09:  AUTOMOBILE REPAIR BUSINESS

Roy and Jessica Caverly were present.  The Caverlys were previously given a Home Occupation Special Use Permit; however, because of issues with the Livingston County Building Department, they weren’t able to proceed.  They are now applying for a Special Use Permit for an auto repair business in the Highway Service zoning district.  Included in the packet is a draft of conditions for the Special Use Permit that is similar to the conditions for the home occupation with a few minor changes.  Item #2 is not applicable and should be deleted.  Items #8 and #9 have minor changes.  This is no longer a home occupation, so there shouldn’t be any constraints on the number of employees.  The board members discussed driveway, lighting and signage issues.  John Lowe, chairman of the Planning Commission, said the PC would recommend down lighting.  Annette McNamara said the Caverlys do not want to give up the home occupation that was previously approved.  Bob Hanvey said if the site plan for the home occupation is going to be changed, they would have to have the modifications approved by the PC.  It was agreed that the Caverlys would be given six months to address the changes for the home occupation.

Tammy Beal motioned to approve Special Use Permit #01-09—Automobile Repair Business as amended.  Dan Lowe seconded.  Motion carried 7-0.

AMENDMENT TO FINAL SITE PLAN FOR GEORGETOWN SITE CONDOMINIUM

Les Andersen motioned to approve the second amendment to the Georgetown site plan.  Scott Lloyd seconded.  Motion carried 7-0.  This amendment also states that Phase 2 construction will not be started until the site plan review process has been completed.

MUSSON RESOLUTION

At the November 12 meeting, a motion was made to grant a two-year extension on the Musson Hills South final plat.  It should have been a resolution.  Tammy Beal motioned to adopt a resolution approving a two-year extension on Musson Hills South final plat.  Les Andersen seconded.  Roll call vote:  Wyckoff , Hodge, Hanvey, Lloyd, Beal, Andersen, Lowe—all yes.  Resolution passed 7-0.

LOVE’S CREEK/SESAME DRIVE

Tammy Beal motioned to pay Highway Maintenance Construction $35,256.60 as recommended by OHM.  Paula Wyckoff seconded.  Roll call vote:  Beal, Andersen, Hodge, Wyckoff , Lowe, Hanvey, Lloyd—all yes.  Motion carried 7-0.

Bob Hanvey said the SAD parameters need to be modified so that those who wish to pay in full can do so without penalty.  Travis Hodge motioned to adopt a resolution to change the start date for interest to 30 days after the township pays the final bill, and to send a letter to all property owners in the district giving them 30 days to pay the amount without interest.  Paula Wyckoff seconded.  Roll call vote:  Hanvey, Lowe, Wyckoff , Hodge, Lloyd, Beal, Andersen—all yes.  Resolution passed 7-0.

2009 FIRE PREVENTION CODE

Bob Hanvey said the Fire Authority has asked the township to adopt the 2009 Fire Prevention Code.  However, there are some changes that should be reviewed.  Scott Lloyd motioned to postpone this item until the township’s attorney has reviewed the changes.  Travis Hodge seconded.  Motion carried 7-0.

TOWNSHIP PARK #2

John Lowe updated the board members on this project.  Electrical has been installed and Edison has been paid and will make the final connection.  Mr. Lowe requested approval of $250-300 for landscape plans and specs.  A suggestion was made that there be a ten foot perimeter and paving bricks could be sold with the donor’s name.  Mr. Lowe said he’s looking at DNR grants for walking trails and access through Grass Lake .  He will have pricing information on picnic tables at the next meeting.  Scott Lloyd said he would prefer steel tables as opposed to wood.  Debbie Mikula from Howell Area Parks & Recreation Authority said that Genoa Township is also looking at buying picnic tables and there may be an opportunity for a group discount.  Scott Lloyd motioned to authorize an amount not to exceed $300 for landscape plans and specifications.  Travis Hodge seconded.  Roll call vote:  Hodge, Beal, Andersen, Lowe, Hanvey, Lloyd, Wyckoff —all yes.  Motion carried 7-0.

Charlie Musson said a certificate of appreciation was presented to Aaron Regner at the Recreation Meeting for his work on the buck pole.  Tammy Beal will send a letter to Mike Arens thanking him for his work on park #2 (AI #1.)

HIGHLAND

Bob Hanvey updated the board members on this item.

DARAKJIAN

Bob Hanvey updated the board members on this item.  The township and Bank of America have mortgages on both parcels, and both parcels are now in the City of Howell .  The southern parcel owned by Howell Industrial is on the list to be sold at tax sale unless it’s redeemed by March 1, 2010.  Mr. Hanvey has talked with the state’s deputy attorney general office on how to get liens placed on the minimum bid.  If this parcel isn’t redeemed by March 1, both mortgages are extinguished and the entire balance is transferred to the remaining parcel.  Mr. Hanvey has also talked with Ian Schonsheck and the bank’s attorney.  There was an error in the legal description for the northern parcel and it will be at least a year before there is a tax sale.

INSURANCE RENEWAL

Tammy Beal motioned that the township will pay 50% of the premium for family continuation for 19-25 year olds who are full-time students and/or dependents.  Paula Wyckoff seconded.  Roll call vote:  Lowe—yes; Wyckoff —yes; Lloyd—no; Hodge—yes; Andersen—no; Beal—yes; Hanvey—yes.  Motion carried 5-2.

EXTENDED TOWNSHIP HOURS

Beginning in January, the township offices will be open until 7:00 p.m. on Mondays.  Staff will alter schedules so that all departments are covered.  There will be no increase in the number of hours employees work.

ZBA REPORT

Dan Lowe reported there was one case heard at the December 7 meeting.  The applicant was requesting a variance for a hot tub structure that is in an abandoned road easement.  The residents will pursue an adverse possession claim through the Land Division Act.

CORRESPONDENCE/UPDATES

Bob Hanvey updated the board members on Marion Retail Center .

Mr. Hanvey recently attended a traffic summit.

An email is included in the packet from the township’s former student intern.

MTA registrations are due to the clerk’s office by Monday.

OHM will be hosting a luncheon for staff on December 17.

Chestnut has submitted a brief to the state Court of Appeals.

Marion Township now has a Facebook page.

The next board meeting will be on Thursday, January 14, 2010.  Packets will be ready for pick-up on January 7. 

CALL TO THE PUBLIC

Charlie Musson, 333 Triangle Lake Road , said he has concerns about the Fire Code revisions affecting his development.  Most of the changes are related to commercial property.

Paula Wyckoff passed out a flyer for Holiday in the Park.  There are over 100 illuminated trees.

ADJOURNMENT

Tammy Beal motioned to adjourn at 9:30 p.m.   Paula Wyckoff seconded.  Motion carried 7-0.