DRAFT MINUTES

                  

     MARION TOWNSHIP BOARD OF TRUSTEES            

               DECEMBER 11, 2003 

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

MEMBERS ABSENT:              Myrna Schlittler

OTHERS PRESENT:               Annette McNamara, Zoning Administrator                                           

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CALL TO ORDER

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

PLEDGE TO FLAG

MEMBERS PRESENT

Bob Hanvey asked the Board members to introduce themselves.
APPROVAL OF AGENDA

Bob Hanvey asked to have two items changed on the agenda:  move the Architect’s Pay Request next to the Building 
Addition Pay Request #2, and add an item on Norton Road Manhole Repair issue. 

Sue Lingle motioned to approve the agenda as amended.  Dave Hamann seconded.  Motion carried 4-0.

CALL TO THE PUBLIC

None.

APPROVAL OF MINUTES

Board of Trustees, November 13, 2003

Sue Lingle motioned to approve the November 13, 2003 Board minutes as presented. Dave Hamann seconded.

 Motion carried 4-0.  

Ways & Means Meeting, December 8, 2003

Sue Lingle motioned to approve the December 8, 2003 Ways & Means minutes as presented.  Dave Hamann seconded.  

Motion carried 4-0.

OLD BUSINESS

None.

NEW BUSINESS

St. Onge Rezoning

Mike Boss of Boss Engineering was present to represent Adler Homes.  Adler has a purchase agreement with Mr. St. Onge

for the parcel. Mr. Boss stated this item has been before the township Planning Commission, the Livingston County Planning

Commission (LCPC), and recommendations have been received from the township’s planning consultant and attorney. 

The township Planning Commission recommended denial; however, the planning consultant recommended approval, as 

did the township attorney.  The LCPC felt the rezoning is consistent with the comprehensive plan and this area is 

designated for this type of growth, and therefore, the LCPC recommended rezoning.  Mr. Boss pointed out that the 

township’s comprehensive plan designates this area for this type of growth.  Mr. Boss said there is a legitimate concern 

in terms of access to the development from Francis Road.  In order for Adler to do the development, they will have to look 

at Francis Road and see what improvements are necessary.  However, the only thing the ordinance would allow them to 

do without a special use permit is single-family homes.  If the property is rezoned, the only thing that would be allowed is

single-family detached home sites of 15,000 sq. ft. lots.  That is not Mr. Adler’s intention—he would like to build a 

multi-family development.  The ordinance requires paved access for a multi-family development.  If the property was rezoned 

and the developer was unable to pave Francis Road or get access through the Eagles lot, the ordinance protects the

township.  The single issue should be whether this is the correct use for this area. 

Mr. Hanvey asked Mr. Boss to estimate the number of lots that could be developed under the existing zoning. Mr. Boss 

thought approximately 30.  Mr. Hanvey asked the number of lots with rezoning and a special use permit.  Mr. Boss said 

approximately 107 units (30 buildings).  Dan Lowe thought he read somewhere that Francis Road is already at 125% 

capacity.  Mr. Hanvey pointed out that the traffic studies from the LCRC were several years old.  Ms. Lingle said an 

additional access would be necessary, and also asked what the future plans are for D-19.   Mr. Hanvey also pointed out 

the township’s concerns with additional REUs. 

Horace Cole, 918 Francis Road:  Mr. Cole said if Francis Road isn’t improved, and Adler is looking at another access to

 D-19, there’s already a problem with the corner of Francis and D-19 unless improvements are made at the same time.

Mr. Hanvey asked Mr. Boss if the developer would cover the cost of road improvements when the time came. Mr. Boss 

said yes.  

Dave Smith, 328 Francis Road:  Mr. Smith said 100+ homes added would bring an additional 500-600 more trips on the

road every day. Mr. Smith is also concerned that the access through the Eagles property wouldn’t be aesthetically 

pleasing and residents wouldn’t use it.  Finally, the township Planning Commission reviewed this proposal and listened to

the public, and Mr. Smith asks the board to listen to its recommendation.

Horace Cole, 918 Francis Road:  If the developer covers the cost of improvements, what portion would be done? 

Mr. Boss said probably not beyond the development. 

Dave Smith, 328 Francis Road:  When the Forest was created, it was said if any more development went in, they would

 have to share in the cost of road improvements.

Mr. Hanvey said the Forest’s master deed requires that if there were a special assessment district created to pave the

road, they would participate.

Mr. Boss reinforced that he is not proposing a multi-family development:  not 107, not 50.  He is proposing that the correct

zoning for this area is for single-family residential under the UR district

Mr. Hanvey said one of the township Planning Commission’s concerns is that the proposed rezoning would create two parcels

zoned SR, surrounded on three sides by parcels that are zoned UR, which is not a good thing from a planning standpoint.

Mr. Boss responded that the term the PC used was “island,” and he doesn’t agree. 

Mr. Lowe would like to see the difference in the number of single family homes between 15,000 sq. ft. and 20,000 sq. ft. 

lots.  Mr. Boss said it can’t be more than 10, based on raw square footage. 

After more discussion regarding roads, number of units available, etc., Sue Lingle motioned to table this item until 

additional information is obtained, to include LCRC traffic study for Francis Road indicating capacity and future plans

regarding safety issues, Mr. Boss will provide information regarding change in total number of single family units in UR 

versus SR, and minutes from LCPC meeting indicating its reasons for not following recommendation of Ms. Kline-Hudson,

by the next regular township board meeting on January 8, 2004.  Dave Hamann seconded.  Motion carried 4-0.

Richard St. Onge, 693 Francis Road:  Mr. St. Onge asked why the board didn’t answer Mr. Boss question as to why 

the board won’t vote on just the rezoning request, not possible future development.  Mr. St. Onge understood Mr. Hanvey 

and Jack Lowe to have both said previously that if rezoning were permitted, the developer could put in anything it wanted. 

Mr. St. Onge said that’s not the case.  Mr. Hanvey explained that it’s the potential that is possible under a particular zoning

that has to be considered. 

Kathleen St. Onge, 693 Francis Road:  Mrs. St. Onge said this property has been in her family since 1942 and wondered

if the township board is suggesting they pay taxes on it for 62 more years instead of selling it? Mr. Hanvey said no. 

Building Addition Pay Request #2

The architect, Bruce McCullen, has inspected the work that’s been done and recommends that the request be approved at 

$87,554.05.  Sue Lingle motioned to approve the second pay request in the amount of $87,554.05.  Dave Hamann seconded.

Dan Lowe asked why the township is paying liability insurance?  Ms. Lingle said it’s been part of the bid.  Roll call vote: 

Dan Lowe, Bob Hanvey, Sue Lingle, Dave Hamann—all yes.  Motion carried 4-0.

Architect Pay Request

Sue Lingle motioned to approve the architect pay request in the amount of $315.  Dave Hamann seconded.  Roll call vote:  

Dave Hamann, Sue Lingle, Dan Lowe, Bob Hanvey—all yes.  Motion carried 4-0.

Auditor’s Report

Sue Lingle motioned to accept the auditor’s report for the year July 1, 2002 through June 30, 2003.  Dave Hamann 

seconded.  Motion carried 4-0.

Voting Machine

Mr. Hanvey indicated a new voting machine tabulator is needed because the township has a new precinct.  The cost is

approximately $6,000.  Sue Lingle motioned to approve the funding for the new tabulator not to exceed $6,000 for a new 

voting precinct.  Dave Hamann seconded.  Roll call vote:  Dan Lowe, Bob Hanvey, Dave Hamann, Sue Lingle—all yes.

 Motion carried 4-0.  

Litter Ordinance

A minor change is needed regarding yard waste for the definition of litter.  Sue Lingle motioned to table this item until the 

draft document is cleaned up.  Dave Hamann seconded.  Motion carried 4-0.

Public Information Policy

Mr. Hanvey would like to request a formal policy regarding the information the township provides on the website and the 

local cable channel.  Mr. Hanvey suggested the committee be comprised of Cindy Hodge, Sandi Longstreet, taking 

direction from Mr. Hanvey.  Sue Lingle motioned to establish a committee for the public information policy to consist of 

Mr. Hanvey, Ms. Longstreet, and Ms. Hodge.  Dave Hamann seconded.  Motion carried 4-0.

REU Policy

Mike Boss, Boss Engineering, indicated he represents a couple of clients.  Mr. Boss stated his understanding of the 

township’s current policy that any additional connections or REUs that are purchased in any development not currently

being paid for under the SADs must be paid for up front.   A previous board adopted the policy and Mr. Boss would like to

request the current board to reconsider the policy.  Mr. Boss suggests that the REUs be paid for at the time a land use 

permit is issued. It imposes a burden on the developer as it currently exists.  Mr. Hanvey said one of the issues he’s 

concerned with is at some point, the township will make a commitment to the developer to provide the service requested. 

For example, if someone has a parcel they want to buy 100 REUs for, that’s currently not being served, in order for the 

township to be comfortable with allowing the developer to pay for REUs one at a time, what if the township runs out, and the 

developer doesn’t get anymore—that doesn’t sound like a good plan.  Mr. Hanvey would feel more comfortable with a way to 

have the developer pay for a percentage of the tap fee for each unit up front, and pay the remaining on a case-by-case basis. 

That way, the township would have a commitment from the developer that a certain amount of money will be spent.  At some 

point, the township  will require another expansion.  If the developer is paying on a case-by-case basis and the next 

expansion is started, and then the developer gets 10% into the project and then changes its mind, the township would be 

required to pay for the expansion, which would be a burden.  If the township and the developer can share the burden, that 

would be more appropriate.  Mr. Boss said that doesn’t sound unreasonable; some relief is needed for the developer.  

Ms. Lingle said this has been discussed before, and one option discussed was paying for the REUs in phases.  Mr. Boss

offered to get information from other municipalities for the township to evaluate.  

Norton Road Manhole Repairs

Items in the packet include a letter from Phil Westmoreland regarding his inspection of the repairs, and a note from the

township consultant, Tom Klebba, about his conversation with the MDOT representative. Mr. Hanvey asked 

Mr. Westmoreland to give a brief synopsis of his inspection. Mr. Hanvey said the paving company would like to be paid for 

this job, MDOT says the repair isn’t satisfactory, and the engineer is suggesting the repair wasn’t exactly what the

township request.  Mr. Westmoreland said he isn’t exactly sure what the township requested. Mr. Lowe said they went 

out and put a string on it and that’s what was discussed. Mr. Westmoreland asked if any indication was given regarding what

method to use?  Mr. Lowe said the township wanted it milled rather than feathered in. Mr. Hanvey asked how the township

 should proceed? Bernie O’Brien from Allied Construction was present to discuss this issue. Mr. O’Brien indicated that 

up until two days prior, he wasn’t aware that a problem existed.  Mr. O’Brien said the proposal that existed between the

 township and Allied Construction included an attachment showing an 18” butt joint.  Ultimately, the goal was to eliminate 

the depressions around the manholes. Mr. Hanvey asked Mr. O’Brien if he had read the comments from MDOT. 

Mr. O’Brien said no.  Mr. Hanvey read from the consultant’s report that the MDOT representative, John Pietzryk, thought 

it was just a cost-cutter repair that should have been at least 100 feet long with more area milled down. They said all they

 wanted done was lowering the manholes from 1-2”.  Mr. O’Brien questioned that statement that they wanted the manholes

lowered—he understood that was the problem to begin with. Mr. O’Brien said the limits of the repair work were 

pre-determined. The problem that existed prior to the repair is that the longer the taper, instead of an 18” mini-mill, it 

would require a $4,000 mill, that would mill a section that’s 4 feet long.  After speaking with the consultant, the costs for 

that were prohibitive and were rejected.  The other option was the butt joint, and that’s what the proposal called for. 

Mr. Lowe said he didn’t see that. Mr. O’Brien said the sketch was faxed to the township consultant. Mr. Lowe said the

result is a speed bump on the end of every manhole and questions Allied’s decision to repair in that manner.

Jack Lowe was present to express his concerns.  The manholes are directly in front of his property, and he listens to the

speed bumps continuously.  As an MDOT qualified contractor, there are tolerances that are allowed for blending asphalt,

 and Allied was given a spec with a string line.  It’s not up to unqualified personnel on the board to specify. The bid that’s

submitted is supposed to be to MDOT specs.  Mr. Lowe said he’s been in the business for 30 years and he’s never seen 

a job done this way—it’s totally unacceptable.  Mr. O’Brien said the string line was to show which manholes needed

adjusting.  Jack Lowe said no, the string line was used to determine the traffic pavement surface. The road is far worse

 than it was before.  Dan Lowe said it’s certainly not what the township was looking for. Mr. O’Brien said he would have

been happy to discuss the issue with the township and is disappointed that no one contacted him to let him know of the

dissatisfaction.  Mr. Hanvey asked Mr. O’Brien if MDOT saw the proposal.  Mr. O’Brien said he dealt directly with the 

township representative.  Two alternatives were presented, and one was turned down due to cost. 

Ms. Lingle suggested a meeting be scheduled to discuss further.  A meeting will be arranged with Dan Lowe, Jack Lowe, 

Tom Klebba, Phil Westmoreland, Mr. O’Brien and the MDOT representative.   Mr. O’Brien said arrangements need to be 

made regarding payment.  Sue Lingle motioned to table the Norton Road manhole paving until the next regular board 

meeting.  Dave Hamann seconded.  Motion carried 4-0.

PLANNING COMMISSION REPORT

Dave Hamann said the Planning Commission met on November 25, 2003.  A public hearing was held at 7:15 pm for 

rezoning #RZN 4-03 (Family Golf property.)  The regular meeting followed.  Rezoning #RZN 4-03 was tabled for additional

information.  New business included an amendment to Crystal Wood’s final site plan.  They are looking at other alternatives

 so this item was postponed until January.  A public hearing was set for rezoning #RZN 5-03 (Mitch Harris) for 

January 27, 2004 at 7:15 pm, and RZN #6-03 (Marion Oaks).

PARKS & RECREATION REPORT

Sue Lingle provided a report in the packets.  One item of concern is development of the Parks & Rec authority.

 Originally, five townships and the City of Howell were involved.  As of the last meeting, only two townships and the city 

are involved.  With the current budget of approximately $1 million, Ms. Lingle advised that Marion Township would not be 

able to participate.  Hartland Township and the Village of Fowlerville are discussing starting an authority, and Ms. Lingle 

asked the director of the Parks & Rec to contact them. 

CONSULTANT’S REPORT

Provided in packets.

ZBA REPORT

No meeting was held in December.

ZONING ADMINISTRATOR REPORT

Provided in packets. 

DPW REPORT

Provided in packets.  

FOR THE GOOD OF THE TOWNSHIP

Mr. Hanvey reported that the township received the NPDES Phase II certificate of coverage.  Ms. Lingle said that a home

in Sundance Meadows won the Parks & Rec holiday decorating contest.

CALL TO PUBLIC

Barney Cole, 918 Francis Road, said he thought the township’s flag should be at half-mast for the next two days per

 the governor’s office.  Mr. Hanvey said it would be taken care of.

Annette McNamara, Zoning Administrator, said that her request to have an item placed on the agenda regarding a pay 

raise for her position had been denied.  Ms. McNamara would like to provide the township board with salary information 

from other municipalities. 

TREASURER’S REPORT

The expenses for November were $194,800.36.  This included $90,000 for first payout on expansion, an attorney bill for 

almost $18,000, and payment to the City of Howell for $26,000 for the wastewater plant. 

Dave Hamann motioned to accept the treasurer’s report with expenses of $194,800.36.  Dan Lowe seconded. 

Motion carried 4-0.

ADJOURNMENT

Sue Lingle motioned to adjourn the meeting at 9:30 pm. Dave Hamann seconded.  Motion carried 4-0.