Thursday, May 24, 2007   

                                 AGENDA AND DRAFT MINUTES

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 12, 2007 Regular Meeting Minutes

b.)    Approval of April 26, 2007 Regular Meeting Minutes

c.)    Approval of May 10, 2007 Regular Meeting Minutes

d.)    Parks and Recreation Report

e.)    Treasurer’s Report

f.)     Investment Report

3.   Herren Show Cause  

4.    Clark Hill Invoice  

5.   Darakjian and Highland Special Assessment

      7 Marion Township Roads  

      8. Home Town Village of Marion Front Yard Setbacks 

1. Z-61-06 TXT #02-06 Section 3.02 Delete Definitions of Private Sewage/Wastewater  Treatment Facility and Add Definition of a Community Wastewater Treatment Facility
2. Z-62-06 TXT #02-06 Section 6.30-Delete Private Sewage/Wastewater Treatment Facilities
3. Z-63-06 TXT #02-06 Section 8.02 E #13-Add Community Wastewater Utility Systems (SR)
4. Z-64-06 TXT #02-06 Section 8.01E #19-Add Community Wastewater Utility Systems(RR)
5. Z-65-06 TXT #02-06 Section 17.31-Standards for Special Use

*****General Ordinance needs to be approved simultaneously with above TXT Amendments*****

10.  Professional Service Agreements for Litigation

11.  Northern Materials/Northern Lights

12.  Township Hall Use Policy

Correspondence/ Updates

Supreme Court Case

 For the Good of the Township

Call to the Public

Adjournment

                                         DRAFT MINUTES

MEMBERS PRESENT:               Bob Hanvey , Dave Hamann , Travis Hodge, Les Andersen, Paula Wyckoff, Dan Lowe, Tammy Beal

MEMBERS ABSENT:                 None

OTHERS PRESENT:                  Phil Westmoreland , OHM

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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

Bob Hanvey asked to add Marion Oaks to the agenda.  Dave Hamann motioned to approve the agenda as amended.  Travis Hodge seconded.  Motion carried 7-0.

CONSENT AGENDA

Dave Hamann motioned to approve the consent agenda.  Paula Wyckoff seconded.  Motion carried 7-0.

HERREN SHOW CAUSE HEARING

Pamela Herren was present in response to a notice she received from the zoning administrator.  Bob Hanvey said it appears the resident has added on to her barn without a permit.  Ms. Herren said she received a letter dated April 16 and she didn’t understand it.  She called and spoke with the zoning administrator on April 17, and the zoning administrator said she needed to measure the barn.  The zoning administrator and supervisor visited the site on April 23.  The next thing is she received a notice for the show cause hearing.  Mr. Hanvey asked what that letter said.  Ms. Herren said the show cause letter said she didn’t comply.  Mr. Hanvey said besides not obtaining a permit, the violation is that the ratio of the coverage on the lot by the accessory structures to the amount of the principal structure exceeds what the zoning ordinance allows.  Chris Miner said doesn’t that fall under agricultural because it’s strictly storage.  He said there’s a county drain on the side they put the addition on, and nothing more could ever be done in that area.  Ms. Herren said she got a land use permit when she first bought the property.  Mr. Hanvey said that was for the original structure.  Ms. Herren came to the Zoning Board of Appeals to add on to the structure on the south side and conditional approval was given.  Ms. Herren said before she bought the property, she came to the township office and explained what she wanted, and was told yes.  After she bought the house, she was told she couldn’t build the barn.  Mr. Hanvey said she was told the ratio of the accessory building to the main building had been exceeded.  Ms. Herren said she was going to convert the garage into living space.  Apparently, that never happened.  The second 10’ x 80’ was added to the accessory building without a permit.  Ms. Herren said she bought a land use permit when she bought the property.  Mr. Hanvey explained that the land use permit was issued and she built what was permitted by that permit.  Ms. Herren asked if every time you build something on your property, do you need a land use permit.  Mr. Hanvey said yes.  Mr. Hanvey restated that the original permit was issued on the condition that the garage would be converted to living space.  Ms. Herren said that was done.  Then, the ordinance specifies a ratio of principal space to accessory space, which has now been exceeded by the added-on structure.   Mr. Miner asked by how much.  Bunch of numbers being discussed---Bob said it’s not close, not like just a foot or two.  Les Andersen said according to Annette’s calculations, they’re allowed 6552 sq ft. if the garage was converted to living space, which wasn’t done; with the 10’ x 80’ add-on, it’s off by quite a bit.  Mr. Hanvey said Ms. Herren has the option of applying to the ZBA for a variance.  There’s a procedure for that:  there’s an application and the applicant has to state the reasons why the variance is necessary.  Dan Lowe said there’s a list of criteria that the applicant needs to respond to.  Mr. Hanvey explained that application to the ZBA is not a guarantee that a variance would be granted. 

CLARK HILL INVOICE

Dave Hamann motioned to approve payment of the Clark Hill invoice for $5,410.38.  Paula Wyckoff seconded.  Roll call vote:  Hamann, Lowe, Beal, Hanvey, Wyckoff , Andersen, Hodge—all yes.  Motion carried 7-0.

DARAKJIAN/HIGHLAND SPECIAL ASSESSMENT

Bob Hanvey said he and the treasurer are still working on this item.

MHOG WATERLINE

Bob Hanvey said the bid numbers on the handout at the last meeting didn’t include Tetra Tech or the connection between The Meadows and Hometown Village .  It came out to about $490,000.  The MHOG Board approved an amendment to the previous contract to change the amount from $425,000 to $499,999, which is less than what was published in the paper.  When the paperwork is available, it will be presented to the board members.

TOWNSHIP ROADS

Bob Hanvey reported that dust control has been applied to Triangle Lake Road and Sexton from County Farm Road to D-19.  They also put brine on Lucy Road and Fisk, but he’s not sure whether the township paid for that section or someone else did.  Travis Hodge reported that Peavy Road has had some tree removal done.  Dave Hamann reported that the LCRC received bids for the overlay project so they will probably be able to include Marion Township .  They have to do some analysis to determine how much and let the township know.  Mr. Hamann reported that Mike Crain said that Mark Janek, representative for Premier Farms, has been trying to contact him regarding the next step.

Mr. Hanvey asked if board members had questions on the Private Road General Ordinance he passed out at the last meeting.  Mr. Hanvey said he had questions on the rewording in Section 7.05.  Dave Hamann said being more restrictive on pre-existing, non-conforming private roads is asking for trouble.  Mr. Hanvey asked Mr. Hamann to make a list of his concerns and give to the clerk for the next board meeting’s packet (AI #1). 

HOMETOWN VILLAGE OF MARION FRONT YARD SETBACKS

Dan Lowe motioned to table this item until more information is available (AI #2).  Tammy Beal seconded.        Motion carried 7-0.

PROPOSED TEXT AMENDMENTS

Bob Hanvey passed out a list of his comments on the general ordinance that must be approved in conjunction with the zoning ordinance text amendments . One that wasn’t listed on the handout is in Section 3.2 C 2—remove comma after the word owner. 

The following was discussed:

1.        This sentence should be moved either up or down, or should say something like “…if there is a community wastewater utility system installed, it may be placed at a location where it’s hard to service with a municipal system.”  Mr. Hanvey will provide a suggested rewording for the next board meeting (AI #3).

2.       The definition is different than the zoning ordinance—they should be the same.

3.       Questions the definition of expansion.

4.       Suggested using the word “municipal system” as opposed to “public utility.”

5.       Should be 17.31, not 17.32.

6.       Relates to item 3.

7.       Several uses of the word “permit”; should be precise about what type of permit is being referred to.

8.       Because fees are defined fees, those should be approved at the same time as the general ordinance.  The board discussed what the various fees should be.  Phil Westmoreland said each project is different.  Mr. Hanvey said the application fee could be a set amount.  Dan suggested a graduated chart to determine escrow amounts.  Dan Lowe and Phil Westmoreland will work on this together (AI #4).

9.       Same as item 8.

10.   Same as item 7.

11.   Same as item 7.

12.   The township doesn’t issue Certificates of Occupancy; should probably be Certificate of Zoning Compliance.

13.   Same as item 7.   

14.   Same as item 7.   

15.   Bob Hanvey will work on this item.  He’s confused because the act that’s cited under a civil remedy is a criminal act.  It should be moved from this section.  Dan Lowe said have the township attorney review it

Dave Hamann motioned to postpone this agenda item until the June 28 meeting.  Les Andersen seconded

Motion carried 7-0.

PROFESSIONAL SERVICE AGREEMENTS FOR LITIGATION

Bob Hanvey hasn’t been able to get in touch with Phil Loud.  Phil Westmoreland said he doesn’t think he works for Stantec anymore. 

NORTHERN MATERIALS/NORTHERN LIGHTS

Phil Westmoreland has visited the site.  The perimeter is all restored.  The middle of the site has not been seeded.  There’s a lot of soil erosion and the owner has tried to remedy this.  Mr. Ricardi would like the reclamation bond removed so he can get financing.  Dan Lowe motioned to keep the $20,000 bond in place until there is substantial grass on the site, or the owner could give the township $20,000 cash.  Les Andersen seconded.                    Motion carried 7-0.

TOWNSHIP HALL USE POLICY

Tammy Beal said the township had been asked about using the hall during the summer months for yoga classes.  Ms. Beal had information from Oceola Township on its policy.  Dave Hamann asked about an insurance rider.  Ms. Beal will get information on additional insurance (AI #5).  Les Andersen motioned to have the clerk and treasurer work on the hall usage policy, to include a cleaning fee, and to allow the yoga group to use the hall on a one-month trial basis, and the clerk will determine an appropriate fee for the yoga group.  Dan Lowe seconded.                Motion carried 7-0.

MARION OAKS

Bob Hanvey presented the following resolution from the attorney regarding the Marion Oaks litigation:

Whereas, Marion Township has been involved in extensive litigation proceedings in the matter of Marion Oaks Development LLC vs. Marion Township, Livingston County Circuit Court Case No. 04-20849-CZ; and

Whereas, the Township Board has received significant information, advice and opinions from its consultants, including its planner, engineer and attorneys; and

Whereas, the Township Board has extensively considered such information and its options in regard to this specific litigation; Now Therefore,

Be it resolved that the Consent Judgment as executed by the Plaintiff dated May 15, 2007 is hereby approved for entry with the Court and the execution of said Consent Judgment by the Supervisor and Clerk is hereby approved and ratified.

Bob Hanvey motioned to adopt the above resolution.  Dan Lowe seconded.  Roll call vote:  Wyckoff , Hodge, Hanvey, Hamann, Beal, Andersen, Lowe.  Resolution passed 7-0.

CORRESPONDENCE/UPDATES

Bob Hanvey said he received a fax today from Deerfield Township suggesting that the effort to consolidate services that’s going on in Lansing in not appropriate.  They are suggesting that all state spending be cut by 15%, including education and social services, cut the governor’s office staff including all legislature staff by 50%, and institute a part-time legislature, as Michigan is the only state with a full-time legislature.  Mr. Hanvey also said that board members were prepared to go to Lansing this week and this item was temporarily tabled.  The resolution that was posted for House Bills 4780-4788 are not currently under consideration.

Mr. Hanvey said a contract needs to be signed with the county for battery collection recycling effort.  The township attorney has reviewed and approved the contract.  Les Andersen motioned to allow the clerk and supervisor to sign the contract for the battery collection recycling effort.  Paula Wyckoff seconded.  Roll call vote:  Beal, Hanvey, Hodge, Andersen, Lowe, Wyckoff , Hamann—all yes.  Motion carried 7-0.

Mr. Hanvey reported that he has a similar letter from Recycle Livingston.  They are trying to get a cardboard compactor and they need $16,000 in funds for the wiring.  Oceola Township is pledging $3000 toward the contract.  Mr. Hanvey will contact Recycle Livingston for more information (AI #6).

Mr. Hanvey passed out a letter from OHM regarding the pavement condition in Copperfield Villas for the board’s review.  Les Andersen motioned to have OHM send the letter to Boss Engineering regarding the pavement condition in Copperfield Villas.  Travis Hodge seconded.  Motion carried 7-0.

FOR THE GOOD OF THE TOWNSHIP

The playground equipment has been delivered to the township park and is being put together by Jack Lowe.

Les Andersen said the township should be looking into buying more property next to Lakeside Cemetery for expansion.  The board or the cemetery committee should pursue this (AI #7).

CALL TO THE PUBLIC

None.

ADJOURNMENT

Les Andersen motioned to adjourn the meeting at 8:25 pm.   Tammy Beal seconded.  Motion carried 7-0.