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          BOARD OF TRUSTEES

  AGENDA AND DRAFT MINUTES

                                    Thursday, May 14, 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 April 23, 2009 Regular Meeting Minutes

b.)    Approval of April 23, 2009 Informational Meeting Minutes

c.)    April 20, 2009 Heritage Days Report

d.)    April 28, 2009 Park Minutes

e.)    Assessors Report

f.)     Complaint Report

g.)    DPW Report

h.)    Treasurers Report

i.)      Zoning Report

3.      Hometown Village

4.      Marion Retail Center

5.      Budget

6.      Road Projects

7.      Proposed Txt# 07-08 Section 3.02 Definitions of Front Yard (Corner Lot Frontage requirements)

8.      Proposed Txt # 01-09 Section 11.01 B #7 Uses Permitted in Public Land

9.      Proposed Txt# 02-09 Section 7.10 Schedule of Regulations footnote ‘e’ (Corner Lot Frontage requirements)

10.  Proposed Public Land Rezoning #08-08 thru #14-08

11.  Marion Township Park Committee (Officers and volunteers)

12.  Park Project Priorities/Budget

13.  Watershed Intergovernmental Agreement

14.  Parking Lot Resealing

15.  FEMA Update

16.  Work Crew

Correspondence/ Updates

Mentoring     

Call to the Public

Adjournment

                                                     DRAFT MINUTES

 

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

MEMBERS ABSENT:                 None

OTHERS PRESENT:                  Phil Westmoreland, OHM

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

CALL TO ORDER

Bob Hanvey called the meeting to order at 7:00 p.m.  

PLEDGE TO FLAG

BOARD MEMBERS PRESENT

The board members introduced themselves. 

CALL TO THE PUBLIC

None.

APPROVAL OF AGENDA

Tammy Beal asked to have Liability Insurance added to agenda as item #17.  Les Andersen motioned to approve the agenda as amended.  Travis Hodge seconded.  Motion carried 7-0.

CONSENT AGENDA

Paula Wyckoff motioned to approve the consent agenda.  Tammy Beal seconded.  Motion carried 7-0.

HOMETOWN VILLAGE OF MARION

Wendy Donovan, 1300 Hudson Drive , wants to know who owns phase III and if they are responsible for the construction material clean up.  There are piles of concrete left and the children are playing on the pile, there is concern for the children’s safety.

Bob Hanvey told her the lots are owned by the bank and the large 27 acre parcel is owned by the State of Michigan .  He asked Dan Lowe if Fonson’s would process the concrete.

Dan Lowe said yes, it would cost approximately two to three thousand dollars.

The Hometown Homeowners Association is also concerned with illegal dumping at the west end of the site.

There was extensive discussion on how to get the concrete removed and who would pay for the removal. 

Bob Hanvey explained the situation regarding the Homeowners Association taking Marion Township to the State of Michigan Tax Tribunal and the repercussions.

The group decided to gather more information and come back before the Board of Trustees in the next couple of weeks.

John Mischi, 4512 Cedar Lake Road , asked if the Hagler violation was included in the consent agenda motion.

Bob Hanvey said yes.

MARION RETAIL CENTER

Phil Westmoreland updated the board members on this project.  Advanced has not completed the cleaning so there is no final bill.

BUDGET

Bob Hanvey updated the board members on this item and asked for any additional input. 

TOWNSHIP ROAD PROJECTS

The Board of Trustees received a copy of the bid for Triangle Lake Road and LCRC traffic counts.

Les Andersen told the Board that Tim Johnson, LCRC, suggested the order of brine applications as Triangle Lake Road first, Keddle Road second and Sexton Road third.

The Board of Trustees asked Phil Westmoreland to get bids for the County Farm Road repaving.

Les Andersen motioned to approve the first application of brine.  Scott Lloyd seconded.  Roll call vote:  Lowe, Lloyd, Beal, Hanvey, Wyckoff , Andersen, Hodge—all yes.  Motion carried 7-0.

PROPOSED TXT# 07-08 SECTION 3.02 DEFINITIONS OF FRONT YARD (CORNER LOT FRONTAGE REQUIREMENTS)

Bob Hanvey asked the Board of Trustees if they had any comments.  None heard.

Les Andersen motioned to approve Section 3.02 Definition of Front Yard.  Tammy Beal seconded.  Motion carried 7-0.

PROPOSED TXT# 01-09 SECTION 11.01 B # 7 USES PERMITTED IN PUBLIC LAND DISTRICT

Bob Hanvey asked the Board of Trustees if they had any comments.  None heard.

Les Andersen motioned to approve Section 11.01 B #7 Uses Permitted in Public Land District.  Tammy Beal seconded.  Motion carried 7-0.

PROPOSED TXT# 02-09 SECTION 7.10 SCHEDULE OF REGULATIONS FOOTNOTE ‘e’ (CORNER LOT FRONTAGE REQUIREMENTS)

Bob Hanvey asked the Board of Trustees if they had any comments.  None heard.

Scott Lloyd motioned to approve Section 7.10 Schedule of Regulations Footnote ‘e’ Definition of Front Yard amendment.  Paula Wyckoff seconded.  Motion carried 7-0.

PROPOSED PUBLIC LAND REZONING RZN# 08-08 THRU #14-08

Dan Lowe objects to the rezoning of the Howell Public Schools property.  No one knows what will be done on that property in the future and it is better to leave it as a non-conforming use.

Paula Wyckoff motioned to approve RZN# 08-08 thru 13-08.  Dan Lowe seconded.  Roll call vote:  Wyckoff , Hodge, Hanvey, Lloyd, Beal, Andersen, Lowe—all yes. Motion carried 7-0.

Les Andersen motioned to approve RZN# 14-08.  Tammy Beal seconded.  Roll call vote:  Beal-yes, Andersen-yes, Hodge-yes, Paula-yes, Lowe-no, Hanvey-yes, Lloyd-yes.  Motion carried 6-1.

MARION TOWNSHIP PARK COMMITTEE (OFFICERS & VOLUNTEERS)

Les Andersen motioned to approve Charles Musson as Chair, Beth Schrader as Co-Chair and Paula Wyckoff as Secretary.  Travis Hodge seconded.  Motion carried 7-0.

PARK PROJECTS PRIORITIES/BUDGET

Scott Lloyd motioned to approve $8,000 for Marion Township Park #1.  Paula Wyckoff seconded.  Roll call vote: Hanvey, Lowe, Wyckoff , Beal, Lloyd, Hodge, Andersen – all yes.  Motion carried 7-0.

Travis Hodge motioned to have the advisory committee pursue a site plan, parking lot, pavilion and play equipment.  Les Andersen seconded.  Motion carried 7-0.

WATERSHED INTERGOVERNMENTAL AGREEMENT

Bob Hanvey told the Board of Trustees that Mike Kehoe suggested don’t sign the agreement, Marion Township can still participate.  Bob Hanvey asked the Board if they had any comments.  None heard.

PARKING LOT RESEALING

Bob Hanvey suggested they wait until after the Heritage Festival.

FEMA UPDATE

Dan Lowe called Mr. Fahey and found out the mapping firm has been fired for incompetence and they have been inundated with complaints.  He filled out a Letter of Map Amendment and FEMA turned him down.

Jack Lowe, Woodcreek, said this letter reinforces what he said in the beginning.  Since we joined they can expand their jurisdiction to cover every lake owner.  They couldn’t expand if Marion Township had not joined.

Bob Hanvey noted a bi-annual report is attached.

WORK CREW

Bob Hanvey said there was not enough interest.

LIABILITY

The following volunteers will be added to the Marion Township policy for June 13, 2009 and June 14, 2009 :

Howard Manson, Brian Manson, John Manson, Will Manson, Josh Manson, George and Nancy Mitroka, and Ryan Lloyd.

CORRESPONDENCE/UPDATES

Mentors are needed for juvenile offenders.

Bob Hanvey said there are concerns about the water quality for the site excavation on Amos Road .  Bob took samples to the Health Department and the results will be back in a week.

Judge Pikkarainen approved $6,000 for expert witnesses.   Marion Township can appeal or take the money.  There is some confusion regarding the appeal by Meyers and it may be extended.

There is a deposition for the appraisers in June for the Highland case.

HAPRA met at the Marion Township hall Monday night.

Heritage Days meeting will be held at the Marion Township hall on Monday, May 18th.

Charles Musson, 333 Triangle Lake Road :  Aaron Regner presented the Buck Pole design and he needs to know the size of the sleeve inserts; we can let him know at the next meeting.

MPSC is now in charge of cable complaints

Hometown filed an MTT appeal and we must submit in 21 days.  This will be a full tribunal case and the Board of Trustees should decide if they want Attorney Goodman or Mike Kehoe.

Dan Lowe motioned to hire Mike Kehoe for the primary Hometown tribunal case with Mr. Goodman as needed.  Bob Hanvey seconded.  Roll call vote – Hodge, Beal, Andersen, Lowe, Hanvey, Lloyd, Wyckoff – all yes.  Motion carried 7-0.

CALL TO THE PUBLIC

None heard.

ADJOURNMENT

Scott Lloyd motioned to adjourn at 9:40 p.m.   Les Andersen seconded.  Motion carried 7-0.