Thursday, July 26, 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 July 10, 2007 Special Joint Meeting Minutes
b.)
Approval of July 12, 2007 Regular Meeting Minutes
c.)
Treasurers Report
d.)
Township Investments
e.)
June 26, 2007 Planning Commission Regular Meeting Report
f.)
June 26, 2007 Planning Commission Public Hearing Report
g.)
Foster, Swift, Collins & Smith Invoice for $9,398.80
h.)
Anderson, Eckstein & Westrick Invoice for $1,914.00
3.
Lover 2nd Show Cause Hearing
4.
D-19 Venture Liquor License
5.
Cedar Creek Association
6. Marion
Township
Roads
7.
FEMA Resolution
8.
Park & Recreation Open House Authorization
9. Proposed
Marion
Township
Parks
& Recreation Ordinance
10.
Private Road General Ordinance (Please bring back material
from May 10, 2007 Board Meeting)#
11.
Handbook Update (Retiree Health Care)
12.
Nuisance Ordinance Request
13.
Rolling Thunder Flag
14. Mitschelen(Coddington)
Easement
15. I-96 Rest Stop Sewer Hook-up
Correspondence/
Updates
Supreme Court Case
Norton
Road
Bridge
MHOG Waterline
Darakjian and
Highland
Special Assessment#
For
the Good of the Township
Call to the Public
Adjournment
DRAFT MINUTES
MEMBERS PRESENT:
Bob Hanvey
,
Paula Wyckoff
, Dan Lowe,
Dave Hamann
,
Tammy Beal
, Les Andersen, and Travis Hodge
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.
Dan Lowe arrived at
7:05 pm
.
None.
APPROVAL OF AGENDA
LOVER
SECOND
SHOW
CAUSE HEARING
Les
Andersen motioned that Frank Lover is not in compliance with the zoning
ordinance and finds him in violation of the ordinance as listed in the
attached document, signed by the township’s clerk and supervisor, dated
July 26, 2007
, to be kept in the clerk’s office, and to proceed with the attorney.
Dan Lowe seconded. Roll
call vote:
Wyckoff
, Hodge, Hanvey, Hamann, Beal, Andersen, Lowe—all yes.
Motion carried 7-0.
D-19
VENTURE LIQUOR LICENSE
Dave Hamann
motioned to adopt a resolution as follows:
WHEREAS
applicant Craig R. Whitney of 307 Marion Meadows Drive, Howell,
Michigan
48843 has requested a Class-C Liquor License for the establishment:
D-19 Ventures LLC, address being 1442 Old Pinckney Road
,
Township
of
Marion
.
WHEREAS
applicant Craig R. Whitney has requested a Class-C license to be located at
1442 Old Pinckney Road
which is on On-Premises License where the establishment may sell beer, wine
and spirits to be consumed on the premises.
WHEREAS
the
Township
of
Marion
has three available Liquor Licenses at the time that applicant applied for a
Liquor License.
NOW
, THEREFORE, BE IT RESOLVED that the Board of Trustees
approves the applicant to the use of one license, ABOVE
ALL
OTHERS, only at the above Old Pinckney Road location, subject to final site
plan approval and final inspection of the applicant’s proposed location
and premises of 1442 Old Pinckney Road.
It is the consensus of this legislative body that the applicant is
recommended for issuance.
Les
Anderson seconded. Roll call
vote: Beal, Hanvey, Hodge,
Andersen, Lowe,
Wyckoff
, Hamann—all yes. Resolution passed 7-0.
CEDAR
CREEK ASSOCIATION
Jerry
Sidlar, President of the CCHA, provided the board members with a list of
officers for the association. The
township has received a copy of the OHM report; however, the attorney has
not had the opportunity to review the report.
Joanna
Wreford asked if
Phil Westmoreland
could summarize his report, which he did.
Bob Hanvey
said he would like to have the attorney’s review before the board
discusses the various options. Jerry
Sidlar asked if the attorney had given an answer on the time limit.
Mr. Hanvey said not yet. Mark
Montagano asked what the standard period of time is for a response to a
complaint that was filed, because he hasn’t received a response to
complaints #104-07 and #105-07. Mr.
Hanvey said the township doesn’t have a formal written policy.
TOWNSHIP
ROADS
Les
Andersen motioned to authorize the township clerk to schedule the third dust
control application.
Paula Wyckoff
seconded. Roll call vote:
Hanvey, Lowe,
Wyckoff
, Beal, Hamann, Hodge, Andersen—all yes.
Motion carried 7-0.
Tammy Beal
will call and schedule on Monday (AI
#1.)
FEMA
RESOLUTION
Dan Lowe said he got elevations from the state, but
hasn’t talked with Ken Recker yet.
Bob Hanvey
asked to see the minutes from the previous meetings where FEMA was discussed
(AI #2.)
Tammy Beal
will get a sample resolution for review at the next meeting.
PARKS
& RECREATION OPEN HOUSE AUTHORIZATION
Les Andersen motioned to authorize the township
treasurer to authorize the use of the township hall by the Howell Area Parks
& Recreation Authority.
Tammy Beal
seconded. Motion
carried 7-0.
PROPOSED
TOWNSHIP
PARKS
& RECREATION ORDINANCE
Tammy Beal
motioned to adopt a resolution approving the Marion Township Parks and
Recreation Ordinance No. 07-02 as presented.
Paula Wyckoff
seconded. Roll call vote:
Lowe,
Wyckoff
, Hamann, Hodge, Andersen, Beal, Hanvey—all yes.
Resolution passed 7-0.
The clerk
will publish the ordinance as required (AI
#3.)
PRIVATE
ROAD
GENERAL ORDINANCE
The board members discussed the proposed private
road ordinance, which will be forwarded to the township attorney for his
review.
HANDBOOK
UPDATE
Dan Lowe said he spoke with the township’s
accountant who said the employee handbook has to be updated due to GASBE
requirements.
Tammy Beal
has a meeting with another insurance provider on Wednesday and will provide
feedback at the next meeting.
NUISANCE
ORDINANCE REQUEST
The Planning Commission has requested that the Board
of Trustees provide written direction on pursuing a nuisance ordinance.
Dan Lowe motioned to ask the Planning Commission to come up with a
noise-related nuisance ordinance. No
support—motion failed.
After discussion, the Township Board will report to the Planning Commission
that it does not support the creation of a nuisance ordinance.
Les Andersen and
Dave Hamann
said the township should follow-up with complainants.
The township will offer to mediate in disputes if necessary.
ROLLING
THUNDER
FLAG
The board discussed possibly putting the flag inside
or on the fire station’s pole. Travis
Hodge will get more information and report back to the board.
MITSCHELEN
(CODDINGTON) EASEMENT
Dan Lowe
motioned to adopt a resolution to accept the easement agreement as written
and assign two (2) water
REUs
to Mrs. Mitschelen, and allow the township supervisor to sign the agreement.
Tammy Beal
seconded. Roll call vote:
Wyckoff
, Hodge, Hanvey, Hamann, Beal, Andersen, Lowe—all yes.
Resolution passed 7-0.
I-96 REST
STOP SEWER
HOOK
-UP
Bob Hanvey
said MDOT would like to hook-up to the sewer system at the
Mason and Peavy manhole. He will
check with Rita Hanson on what the usage is and report back to the board (AI
#4.)
CORRESPONDENCE/UPDATES
Supreme
Court Case:
No new information on this item, which should now be referred to as
the MTT case.
Norton
Road
Bridge
:
Phil Westmoreland
picked up the plans on Wednesday and took them to the DEQ office in
Lansing
.
Darakjian/Highland:
Bob Hanvey
reported that Mr. Darakjian is still reviewing the data.
FOR THE GOOD OF THE TOWNSHIP
Bob Hanvey
said the township was approached by a resident who is willing to pick up
refuse from the side of the roads, and this could be funded by the Phase II
NPDES.
Bob Hanvey
would like to invite residents in certain areas to attend a meeting
regarding preserving open space/farmland.
Tammy Beal
reported that she met with a tree trimmer regarding trees in the cemeteries
that were knocked down during the recent storm.
CALL TO THE
PUBLIC
None.
ADJOURNMENT
Dave Hamann
motioned to adjourn at
8:50 p.m.
Tammy Beal
seconded. Motion carried 7-0.
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