MARION TOWNSHIP

                         DRAFT MINUTES

                   BOARD OF TRUSTEES

                        AUGUST 12, 2004 

MEMBERS PRESENT:               Bob Hanvey, Sue Lingle, Myrna Schlittler and Dave Hamann

MEMBERS ABSENT:                 Dan Lowe

OTHERS PRESENT:                  Mike Kehoe , Township Attorney

                                                Annette McNamara, Zoning Administrator

                                                Phil Westmoreland, OHM, Township Engineer                                           

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CALL TO ORDER

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

PLEDGE TO FLAG

MEMBERS PRESENT

Bob Hanvey introduced the members of the Board.

APPROVAL OF AGENDA

Bob Hanvey suggested changing the agenda item “Gravel Pit” to the top of the agenda. Sue Lingle motioned to approve

the agenda as amended.  Dave Hamann seconded.  Motion carried 4-0.

NEW BUSINESS

Gravel Pit

Bob Hanvey introduced Joe Riccardi, the president of San Marino and Northern Materials.  Mr. Hanvey asked the residents

to allow Mr. Riccardi to make his presentation, and then questions can be asked of the Board.  Mr. Riccardi began by

saying that as of right now, he has not closed on the property belonging to the Trierweiler estate. His company hasn’t

gotten an engineer involved at this point.  The closing is scheduled for this month.  Mr. Riccardi said his plans are to mine

the rest of the material that’s on the property over the next 3-5 years, and develop a small community. House construction

could begin in as little as three years.  His company has been cleaning out debris and hauling away garbage. His company

will own the 10 acres in the back, and there are no plans to mine that property.  The house will be renovated.  There will be

little or no disturbance to the 10-acre parcel to get the hill to slope to an acceptable grade for a road and homes.

Mr. Riccardi presented an aerial view of the property, dated March 2000.  The plans are to get the hill to slope from the

10 acres in the back to the bottom of the excavation, and to have a road come off of County Farm Road . Mr. Riccardi said

they are not taking the 10 acres to get the slope.  Mr. Riccardi said, “We will not mine the 10 acres.”  Mr. Riccardi said he

has no intention of touching the northwest corner of the 16-acre parcel.  Mr. Hanvey said for the plan to work, from the

back of the house out to County Farm , some of the soil will have to be removed from the 10-acre parcel.  Mr. Riccardi said

yes.  Mr. Hanvey said it was his understanding that there are deed restrictions on the 10-acre parcel that would prohibit

removing any soil or minerals from that parcel.  Mr. Riccardi said he is aware of that.  Mr. Hanvey asked how Mr. Riccardi

plans to deal with that deed restriction.  Mr. Riccardi said the attorneys are looking into it.  They won’t be moving the soil

off of the 10 acres, just balancing on the 10 acres.  Mr. Hanvey said when he walked along the fence line on the property,

 it appeared that the fence line was near the peak of that area, and the grade on the east side in the mining area was very

steep.  He believed it was Mr. Riccardi’s suggestion that by moving the soil on the 10-acre parcel to the east, you could

get a smooth grade out to County Farm that would be a 10% grade.  However, that would involve moving soil from the

10-acre parcel onto the 20-acre parcel.  Mr. Riccardi said you would have to move a little bit.  Mr. Hanvey said that’s

where the deed restrictions come in, and he’s not sure how you can have a restoration that doesn’t involve moving soil

off of the 10-acre parcel.  Mr. Riccardi said even if the deed restrictions prohibit him from moving soil off the 10-acre parcel,

 he could balance on the 10 acres.  It’s just easier to move it off the 10 acres so the trees in the back don’t have to be

removed.  Mr. Riccardi doesn’t want to touch the back part of the 10 acres because it’s fully treed and there’s no material

there to mine.  Mr. Hanvey restated that Mr. Riccardi said there’s no material to mine on the 10-acre parcel. Mr. Riccardi

said that’s correct.  Mr. Riccardi referred to the different elevations on the aerial photograph.  Mr. Hanvey asked the

elevation of the gravel pit in relation to County Farm Road .  Mr. Riccardi said County Farm Road at the intersection of

Sanitorium is 915’, 925’ at the entrance, and 1055’ at the water tower, and the walkout of the house is 1045’, then it

drops off to 945’. 

Call to the Public

Brian Manson, 2950 Sanitorium Road :  Mr. Manson asked whether the township considers the gravel pit a mine? 

Mr. Hanvey said probably, according to the definition of mining.  Mr. Manson asked if there is a mining permit. 

Mr. Hanvey said no, not with the township.  Mr. Manson asked if they need to have a township mining permit? 

Mr. Hanvey asked the township attorney, Mike Kehoe , to respond.  Mr. Kehoe said that property is considered a

non-conforming use.  Under the zoning ordinance, as a non-conforming use, it’s allowed to continue, but there are

certain legal restrictions that deal with whether or not an expansion is allowed.  Mr. Kehoe said they are probably getting

 real close to what could be considered an expansion.  Mr. Kehoe has discussed this issue with the township officials

and Mr. Riccardi to find out where he’s headed with this project.  If the operation expands, then under the ordinance, they

have to comply with the ordinance.  Mr. Manson stated that the property was split within the last eight months and given

two tax code numbers.  Mr. Kehoe confirmed that a split was done.  Mr. Manson said that made the property more

non-conforming.  Mr. Kehoe said not necessarily; at the time the gravel pit began, there was no size limit for an excavation

 operation.  The use itself is not non-conforming because of the size of the parcel; the use of the property is non-conforming

 from the standpoint that the ordinance went into effect and had some restrictions, and one of them was that you had to

have a permit.  Because of the fact that they were already operating before the ordinance required a permit, that’s what

makes them non-conforming.  The split of the property and the reduction in size doesn’t necessarily mean that the

operation itself is in violation of the ordinance.  The question is going to be, and where the violation questions are going

to arise, are more in regard to what direction they head, how does the expansion occur, and those types of things. 

Merely the fact that the size changed doesn’t necessarily mean it’s a violation.  Mr. Manson said the ordinance also

says if it’s already existing non-conforming, you can’t make the area or the size bigger.  Mr. Kehoe said correct. 

Mr. Manson asked if they aren’t, every time they take out one foot of dirt, making the area bigger?  Mr. Kehoe said yes,

but on the other hand, that’s the basic operation of a gravel pit.  Mr. Manson asked if that is why the ordinance reads

non-conforming use of land.  Mr. Kehoe said the basic premise of a gravel pit is to remove material.  Mr. Manson asked

 if that’s why use of land is in the ordinance.  Mr. Kehoe said he doesn’t believe that’s what it means.  He believes it

means the overall scope of the operation being enlarged.  They are very close to being in that position.  Mr. Kehoe said

he has provided the township with advice, and this is going into an area that’s covered by attorney/client privilege.

Mr. Manson asked if anything in the ordinance allows it to be made greater.  Mr. Manson said they’re closer to the road

than 150’.  Mr. Hanvey said that’s not the only thing that doesn’t conform to the ordinance; there’s a multitude of things

that don’t conform.  The issue for the township is to decide what triggers them to become subject to the current ordinance.

  When that happens, then the whole ordinance falls into play, i.e., fencing, restoration plan, etc.  Mr. Manson asked

whether they need the 10 acres to reclamate.  Mr. Hanvey said they haven’t filed an official reclamation plan.  Based on

their visual observation, they are suggesting that the most reasonable way to get the site to a residential-type application

would be to take some soil from the 10-acre parcel and move it onto what used to be the gravel pit in order to provide a

slope that will go, not from the top of the existing hill, but from the elevation at the valley at the back on the south side

of the house.  Mr. Manson said doesn’t that mean there’s not enough dirt there.  Mr. Hanvey said he believes that’s

correct.  Mr. Manson said doesn’t that mean the gravel pit’s out of dirt, there’s not enough dirt to fix the problem; if they

do have to abide by the ordinance, the slope required is 1:10 .  Mr. Hanvey said correct.  Mr. Manson said he doesn’t

believe that land was originally there.  Mr. Hanvey said if they have a 100’ rise, they need to go out 1000’.  That math is

challenging if they try to restore it from the peak of the existing ridge.  Mr. Manson said again that there’s not enough

dirt there.  Mr. Hanvey said that would be a reasonable statement.  Mr. Manson asked why are they still digging? 

Mr. Hanvey said because it’s a gravel operation, and it’s his belief that they’re not operating under the 2000 mining

ordinance, but the 1977 version.  That’s one of the issues that need to be decided.  Mr. Manson said splitting the parcel

should have caused that to happen. Mr. Hanvey said that is one of the issues that have been discussed with the attorney.

Mr. Manson asked how long it would take to figure it out. Mr. Kehoe said his concern in regard to claiming that merely

the change in size from 20 acres to 16 acres is whether or not that automatically means they’re in violation of the

ordinance, because of the fact that they were in operation before there was a requirement for the pit to be a minimum

size. The 3+ acres taken from the 20-acre parcel was not part of the mining operation. Mr. Kehoe would like to focus

on all of the violations, not just the size. Mr. Manson pointed out that Section 19.03 of the ordinance deals with the

issue of size.  Mr. Kehoe said taking dirt out doesn’t necessarily mean an enlargement, because that’s the nature of a

gravel operation.  Mr. Manson said if they’re at 148’ today, and the mining ordinance says you can only go to 150’, and

they move to 147’, would that make them more non-conforming by moving one foot closer?  Mr. Kehoe said no, he doesn’t

believe they can.  Mr. Hanvey said they are clearly beyond 150’.  Mr. Manson asked Mr. Kehoe if they could keep moving

closer?  Mr. Kehoe said no, he doesn’t think they can.  Mr. Manson asked if you could keep taking dirt out? 

Mr. Hanvey said he believes it goes back to the question of the nature of a gravel operation.  Mr. Hanvey asked if everyone

could change their focus and provide suggestions for how the parcel should look in five years.

John Manson, 3048 Jewell Road :  Mr. Manson asked whether they need a mining permit.  Mr. Kehoe said he doesn’t

think they do.  However, if they continue in the fashion that he believes they’re going to, then they probably will need one. 

Mr. Manson asked if they are removing material from the property, then they would need a mining permit, correct? 

Mr. Kehoe said if they start to expand the operation, then yes, they need a mining permit. 

Brian Manson asked for the definition of “expand.”  Mr. Kehoe said if they are moving beyond the 150’, then he believes

that is an expansion.  Mr. Hanvey said another way to look at it is they’re removing more material than has historically

been moved over the last four or five years, that would also constitute an expansion. 

John Manson said in the mining ordinance, the township is responsible for yearly reviews, and it’s his understanding that

the township hasn’t done that.  Mr. Hanvey said it hasn’t been done with this site.  Mr. Manson asked if there are plans to

do that in the future.  Mr. Hanvey said if it’s determined that they are subject to the ordinance, it certainly will be done. 

Mr. Manson asked how long before a determination is made?  Mr. Hanvey said it’s only been a week or two since the

township has been discussing this with the new operators.  Mr. Manson said he came to the township over a month ago.

Mr. Manson asked when the township is going to stop and make the determination, or are we going to keep dragging our

heels?  Mr. Hanvey said sometime in the next couple of days something should be done, possibly Monday or Tuesday, as

soon as the appropriate course of action is decided.  Mr. Manson asked Mr. Hanvey what makes him think they’re not

mining there?  Mr. Hanvey said that no one says they’re not.  Mr. Manson said they’re clearly past the 150’ marker. 

Mr. Hanvey said yes.  Mr. Manson said once you’re past the 150’ marker, you’re done.  Mr. Hanvey said the township is

looking at an interpretation of that.  Mr. Manson said it’s time to stop and decide what’s going to be done with the property.

 He’s not against them doing something with it.  Mr. Hanvey said if it’s determined that they’re subject to the ordinance,

then everything else kicks in as well.  Mr. Manson said there’s not enough land there, and previously Mr. Hanvey said they

were going to use the 10 acres to reclamate the property.  Mr. Manson believes they can’t do that because of the mining

ordinance because that’s a separate parcel.  Mr. Hanvey said they also couldn’t because of the deed restrictions. If they

have to use the 10 acres to reclamate, that means there’s no more dirt there, yet trucks continue to go out.  Mr. Manson

stated that Mr. Hanvey said he only saw one truck leaving.  Mr. Hanvey said on the two days he was there, he saw a total

of one truck.  Mr. Manson asked if that truck has to come back to reclamate that property?  Mr. Hanvey said from the

elevation at the top of the hill, it would require bringing material in.  If they are to the point where they can present a plan

that would be acceptable to the owners of the property around them, that would allow reclamation and produce a residential

 application of the land, he believes that’s a reasonable approach.  Mr. Manson said they still need a mining permit for the

10 acres.  Mr. Hanvey said that’s a different issue.  Mr. Manson said the minute they want to push more than 1000 yards

off of the hill, they will need a mining permit.  Mr. Hanvey said if it doesn’t leave the site, it’s considered land balancing. 

Mr. Manson said he believes the ordinance says “from that parcel.”  Mr. Hanvey said correct, if it’s leaving the site, it’s

mining.  Mr. Manson asked if a determination would be made by Monday.  Mr. Kehoe said that would be reasonable.

Mr. Manson asked the name of the company buying the gravel pit.  Mr. Riccardi said the name of the company is

Northern Materials.  He also asked if anyone present knows how to process sand and gravel.  Mr. Hanvey said he didn’t

believe that’s an issue.  Mr. Manson asked for the name of the company on the purchase agreement.  Mr. Riccardi

repeated that it’s Northern Materials. 

Art Mohr, 3012 Sanitorium:  Mr. Mohr pointed out a couple of things he believes are material.  He is a businessman.

We just heard that the operator of the pit is Northern Materials, Inc., Glen Caverly, 1150 Victory Road in Howell. 

Mr. Riccardi said that’s his partner.  Mr. Mohr continued that Mr. Caverly is the registered owner of the property with

60,000 shares, but there’s no notice of how well the company is capitalized.  The company was incorporated on

July 27, 2004 .  You’re speaking about a corporation doing all this reclamation while at the moment there is a question by

the neighbors about the damage being done to the property and the capability of the people now working on this property

being able to restore this property if, in fact, on Monday, the township decides they are in violation of some ordinance.

This company has no assets on file.  It’s only 90 days old.  You are allowing them to operate the property. He questions

that without some type of bond posted with the township that demonstrates an amount equal to the total restoration cost,

that a shell corporation that is doing this operation any longer from tomorrow morning on should be suspect. There’s

nothing to protect the neighbors in the area.  This is a road that has not seen a truck except for the building of the water

tower. These trucks have been working on this property, they’ve been hauling down the trees at the top of slope.  If they

never appear tomorrow morning, no one is responsible for cleaning the property up.  Mr. Mohr talked with several of the

employees at the site, and without question, they’ve said they’re going to mine all 10 acres.  Along Sanitorium Road ,

where there’s been a shelter of trees, the trucks are sitting and idling with diesel engines all day long, and they’re cutting a

roadbed through the woods.  They’ve already said they’re going to cut down the trees along the road, and now the

residents have full visibility of the gravel pit.  At least Joe Trierweiler put up a berm, which the employees of Northern

Materials say they’re going to take down.  Mr. Mohr said the quality of life he would like in five years is a responsible board

operating this township, that recognizes that when you have a company that’s three months old that has no affiliation with

any other corporation, which is operating the vehicles and the mine with equipment owned by San Marino Excavating, with

Joseph Riccardi listed as the registered person, at 7676 Rushton Road in Brighton, which was incorporated in 2001.

There’s a total of less than six years of operating history on this company that the township is allowing to go in and

deface the property.  The proper thing for the township board to do is immediately stop all action on the site, to require that

 it be surveyed clearly so that all of the neighbors can see the markings where the 10 acres in the back are separated from

 the front.  This township sees that it takes no more lateral movement, and no more trees removed until the legal matter is

 handled because all of the things that came before Mr. Trierweiler died were grandfathered in. This operation is operating

under an option to purchase the property.  This company is a brand-new entity.  The minute this company started to

operate the pit under Northern Materials name, it should now be in conformance with 2004 laws.  For the attorney not to

know this is despicable. All of these questions about this mine…Steve Wilson, 517-241-1542, is responsible for all mining

 operations at the Michigan Department of Environmental Quality.  All of these questions that the attorney can’t answer

were readily answered by Mr. Wilson on the phone.  There is no state legislation related to mined sand and gravel. 

According to Mr. Wilson, the only thing the state has legislation over is mining sand dunes and iron.  All of the rest is a

local township zoning issue. Mr. Wilson’s comments included that the mining operation should be as responsible as

possible to the adjacent property owners, making the least possible intrusion on neighborhoods and quality of life for the

neighboring property owners.  Fencing might be provided.  A reasonable way to handle it would be to put berms and trees

along the property to block the view of the mining operation as best as possible. This operator is defiant with the neighbors,

 thinking only about how quickly he can extract whatever financial benefit he can from the land, he has absolutely no

financial interest beyond the day-to-day operations.  Mr. Mohr believes it’s the responsibility of the township board to

 immediately cease those operations until a proper plan is put forward by a responsible property developer, and then come

back to the board.  All of this is a legal moot issue anyway according to all of the attorneys that Mr. Mohr spoke with,

except the township attorney. 

Vicki Huberschmidt, 2960 Sanitorium:  Ms. Huberschmidt lives directly across from where the new “road” is and where

they’re cutting the trees.  Last week, the fire department was there.  Two days later, there’s more smoke coming out

of there.  A truck sat running in front of her home all day Saturday. 

Jim Hoover, 3026 Sanitorium Road :  Mr. Hoover asked why Dan Lowe is absent.  According to the employees who were

cutting down trees next to the road, he was curious why they suggested that he talk with Mr. Lowe about it. Why is a

board member discussing those things with employees...is something going on?  Mr. Hanvey said Dan Lowe was there on

Saturday, and then he asked Jack Lowe to explain what took place on Saturday.  Jack Lowe said they received

complaint/question about the tree removal on top of the hill.  Dan Lowe was asked to come take a look at what was going

on. The employee actually called the owner while Dan Lowe was there, and that’s why the employee said that Dan should

know what’s going on.  Mr. Hoover said the employees said it was approved by Dan Lowe to continue cutting the trees.

 Jack Lowe and Bob Hanvey both said absolutely not. 

Paul Damon, 2992 Jewell:  Mr. Damon asked Mr. Hanvey whether it was true that he had a meeting with the attorney,

other board members, and the bank.  Mr. Hanvey said that was not true.  There was a meeting at the attorney’s office a

month ago, prior to San Marino being involved, with the attorney for the estate, the attorney representing the bank, and

Mr. Hanvey.  Their questions at that point were what were some possible applications that the parcel could be used for.

Mr. Hanvey told them a residential parcel. 

Susan Davidson, 1230 County Farm Road :  Ms. Davidson said Mr. Trierweiler told her he was at the extent of what

could be excavated. He thought he’d be lucky to get another season out of it.  Mr. Riccardi says he has another 3-5 years. 

What is he planning on doing for 3-5 years? 

Dave Porritt, 1116 County Farm Road :  Mr. Porritt’s property borders the gravel pit to the south.  Mr. Porritt’s request is

for assistance with controlling the dust.  On Saturday, July 24, with the wind coming from the north, his property was

engulfed with a constant cloud of dust.  It’s an unhealthy situation. 

Michele Scott, 2992 Sanitorium:  Ms. Scott said they just moved in July 16.  Her comment is as an unbiased observer.

 Trees are coming down along the road.  Mr. Mohr spoke very eloquently and with common sense. To attract more

residents to the area, the board should put a halt to this until it’s been decided what to do.  As an accountant for a

manufacturing company, if Northern Materials has only been a corporation since July 2004, that’s a red flag.  He definitely

should put up a bond.

John Manson:  Would it be reasonable to stop work until a bond is received?  Mr. Hanvey said if a judge can determine

they are subject to the ordinance, then a bond is required, as well as the fencing, the reclamation, the setbacks, etc. 

Mr. Manson asked what steps have been taken to determine if the ordinance applies?  Mr. Hanvey said the township is

evaluating the situation.  Mr. Manson said it only takes a couple of hours to see what they’re doing.  Mr. Kehoe said that

one of things that need to be looked at is some historical perspective on what the nature of the use was.  Mr. Manson

asked again what steps have been taken?  Mr. Kehoe said he’s made recommendations to the township board.

Mr. Manson asked what the recommendations are?  Mr. Kehoe said based on what he’s been hearing, he believes they’re

subject to the ordinance. 

Art Mohr:  Mr. Mohr said it’s the responsibility of the board to give an answer tonight about whether that mine operates

tomorrow. He’s repeatedly heard that the township is waiting for a judge to decide.  However, there is no issue before a

 judge.  Mr. Mohr suggested that everyone call the EPA about the dust issue, which there is a state law about; on the

groundwater issues, Mr. Mohr volunteered to drive to Lansing tomorrow.  Will the board give an answer on whether the

mine can operate until a bond is put in place or what legal determination is made.  It is not correct for this municipal

government to allow this to continue when the tax-paying citizens are sitting right in front of you.  You have a responsibility

 to stop the mining operation until this is clarified. 

Ted Zamonski, 1278 County Farm Road :  Mr. Zamonski said that in the past, people had problems with the hours of

operation of the pit, and they contacted Mr. Trierweiler.  The hours were reduced.  Now, they are currently starting at

sun-up.  Some type of hours of operation should be included because it’s a residential neighborhood.

Joe Riccardi:  Mr. Riccardi wanted to clarify some items.  Hours of operation are 7:00 am to 6:00 pm , Monday through

Friday, 7:00 am to 4:00 pm on Saturday. The newly formed corporation was to combine two good-standing corporations. 

Mr. Riccardi asked if there is a tree ordinance in the township?  Mr. Hanvey said no. Mr. Riccardi said a performance bond

probably isn’t a bad idea—he can look at that option.  There’s no groundwater there—it’s from a well.  There’s no Sunday

operation. 

Brian Manson:  Mr. Manson asked if the township could make sure they don’t keep moving out, and make the decision

real quick. 

Dave Porritt:  Mr. Porritt asked Mr. Riccardi about the dust issue.  Mr. Riccardi says his dust tank was broken, but it’s

fixed now.  There were some start-up failures, but most bugs have been worked out.  They have a calcium tank with water,

and he’ll take care of it. 

Brian Manson:  Mr. Manson asked Mr. Riccardi if he thinks he can get the slope on the hill?  Mr. Riccardi said yes.

Three to five years is the total development time. 

Larry Karon, 1685 County Farm Road :  Mr. Karon said he supports Mr. Mohr, who has presented intelligent questions

regarding the operation.  Because it’s such a volatile issue, the lack of introduction to the neighbors has caused an

emotional backlash.  If there are litigious problems facing the township, discretion requires us to stop all of this and

come up with a reasonable timetable.  It behooves the township to not further the problem. The only way you’re going to

stop from furthering the problem is to stop the problem. Mr. Karon said he hopes the board has the authority to do that. 

Paul Damon:  Mr. Damon asked Mr. Riccardi if he would be willing to stop for 48 hours or 72 hours. Mr. Riccardi said

he can’t answer that because Glen Caverly isn’t present.  Mr. Riccardi said he understands everyone’s issues. 

The bottom line is they want the gravel pit gone, the equipment out of there, and a small community, and that’s what he’s

there to do.

John Manson:  Mr. Manson said the biggest issue is does the ordinance apply.  This person may or may not operate

there. The smart thing would be to stop and find out if the ordinance applies first. Mr. Hanvey asked Mr. Riccardi if he is

willing to voluntarily comply with the ordinance. Mr. Riccardi said he couldn’t legally answer that. Mr. Manson said the

supervisor of the township could stop it.  Mr. Hanvey said that would be one way to test to the ordinance.  Mr. Hanvey

said if the township issues a stop work order, and they lose, then they can do whatever they want.  The best course of

events would be for everyone to end up with what they want without going to court.

Jack Lowe, Chairman of Marion Township Planning Commission:  Mr. Lowe said a meeting was held a week ago

with the individuals running the pit, their attorney, the township attorney, and two of the township officials. In essence,

these same discussions were held:  reclamation plan, performance bond, hours of operation, dust control, and how they

related back to the new ordinance.  The two items that Mr. Lowe presented as primary issues were 1) to immediately get

a boundary survey placed along the 10 acres as soon as possible. In the interim, they were to touch nothing on top of the

hill as far as trees, nothing as far as dirt removal that affected the bank—they could within the pit until these items were

brought to the township. Mr. Lowe said the agreement was they could clean up dead trees. Mr. Lowe said at the time

there was no problem taking out stuff that was already down—do no touch any of the trees on top of the hill. Mr. Lowe

asked Mr. Riccardi if there wasn’t an agreement to not touch trees on top of the hill?  Mr. Riccardi said they specifically

said they were going to take trees down from the top of the hill, 80% were dead and lying on the ground. Mr. Riccardi

restated that there’s no tree ordinance.  Mr. Lowe again asked, “did you or did you not tell me that you were not going

to take down trees other than what was dead up on the top.  If there were some incidental trees to come down to get

 the dead trees out, that was the extent of what was to be done up there until you got back with us and established a

line.”  Mr. Lowe said the next thing he knows, he gets a call Friday and Mr. Riccardi has started on the boundary line

on a downward slope from Sanitorium Road , which did not have to have trees removed because it’s downhill.  That’s in

the greenbelt area along Sanitorium Road —two foot oak trees that should have never been touched.  Mr. Riccardi said

there were no trees removed from the edge of Sanitorium Road , nor will there be.  Mr. Riccardi said there’s been a

two-track trail in there since he looked at the property.  The audience strongly disagreed.  Mr. Lowe said there were

several people in the room who heard the agreement.  This throws a great deal of doubt on the voracity of what

Mr. Riccardi is saying.  John Manson asked Mr. Lowe if he thinks Mr. Riccardi isn’t going to do what he says. Mr. Lowe

said he has concerns.  Mr. Lowe asked for Mr. Riccardi’s word that he won’t go up there and finish the process between

now and Monday, as a goodwill gesture.  Mr. Riccardi said from now until Monday, he would not remove the trees. 

What’s on the ground is going to be burned.  Mr. Riccardi said he’s been in touch with the surveyors. 

John Manson said again the township needs to get a bond to make sure it’s done.

Art Mohr:  Mr. Mohr said he’s very uncomfortable to sit before the board and hear threats of litigation against the

township.  Why is the township board in such a defensive situation on this?  Mr. Mohr said he hasn’t heard one proactive

situation on behalf of the citizens of the township.  The township attorney should be able to tell us what our litigation

responsibilities would be so we can make that determination.  Mr. Mohr said he cannot in his wildest dreams believe that

what the board is being asked to make a decision about is anything more than pure procrastination because none of this

sets the township up.  Mr. Mohr said it’s being operated by a new entity and therefore they must comply.  Mr. Hanvey

said the ordinance doesn’t say that.  The ordinance says the use is independent of the person performing the operation.

John Manson asked what the township has to lose by challenging it. Mr. Hanvey said allowing them to do whatever they

want.  Mr. Riccardi said if he can’t develop the property, then it’s not worth it. 

Brian Manson:  Mr. Manson asked if the township has seen any plans for development?  Mr. Hanvey said no. Mr. Mohr

asked what the amount of the bond would be?  Mr. Hanvey said that would be determined by an engineer. Mr. Mohr said

Mr. Riccardi hasn’t agreed to post a bond, he’s said we can talk about it. Mr. Hanvey asked Phil Westmoreland, the

township engineer, to estimate a reasonable amount for restoration.  Mr. Westmoreland said a rough estimate would be

$5 million.  Mr. Hanvey asked Mr. Riccardi is he would be willing to post a bond for $5 million to complete the restoration

of the site. Mr. Riccardi said he couldn’t answer right now.  Mr. Hanvey asked Mr. Riccardi if he could stop work until a

bond is posted.  Mr. Riccardi said he would have to talk with the attorney for the estate.  Mr. Hanvey said it seems

reasonable that Mr. Riccardi could post a bond that would expire in a year, and it could be re-evaluated after the

restoration plans are prepared.  Mr. Riccardi says he doesn’t have a problem with a performance bond, but they have to

be able to keep working to pay for the bond.  Secondly, he needs to get his attorney involved and come up with a number,

 and then get a bond.  It doesn’t happen in 24 hours.  Mr. Hanvey said the alternative is to post a stop-work order and

 talk to a judge. Mr. Hanvey said it would be to everyone’s advantage to come to some agreement.  Mr. Riccardi said he

needs time to get a bond, and to talk with Glen Caverly, who is the president of Northern Materials.  Mr. Hanvey said he

thought Mr. Riccardi was the president.  Mr. Riccardi said a conversation on the bond amount should be held Monday

morning.  Mr. Hanvey said there will be no operations between now and the time a bond is posted.  Mr. Riccardi said his

attorney would be there at 9:00 am tomorrow morning to open back up.  Mr. Riccardi asked Mr. Hanvey what his

definition of “operating” is.  Mr. Hanvey said any activity whatsoever on the site.  Mr. Riccardi said he’s in a bad situation,

 without his attorney being present.  This forum was supposed to be for Mr. Riccardi to introduce himself to the neighbors.

Art Mohr:  Mr. Mohr pointed out to the township attorney that Mr. Riccardi presented himself as the president of Northern

Materials and the other corporation. He has just denied being the president.  Also, he said in the very beginning that he

 would not touch the 10 acres; then it went to little or no disturbance of the 10 acres; then it was we will not move the

10 acres; then it was they will have to take a little bit of it, but we don’t have intentions of touching much except the

northeastern corner.  These inconsistencies should be reason enough that this man is in question about the continued

operation and his willingness to seek out the legal remedy to this situation. Mr. Hanvey asked the attorney if the bond

amount could be changed.  Mr. Kehoe said the terms could be mutually amended.  Mr. Hanvey asked the owners of

property that was originally part of the 138 acres who were present, if Mr. Riccardi presented an acceptable plan, but

that would require moving dirt off of the 10-acre parcel, would they be willing to allow that to happen?  John Manson said

he would be willing if it was bonded and they presented a plan. Mr. Riccardi asked Mr. Kehoe if the township could

legally shut down a property owner who is continuing to mine the pit. Mr. Kehoe said under the circumstances, he

believes they can.  John Manson confirmed that Mr. Kehoe was saying the township could put a stop-work order on the

property.  Mr. Kehoe said yes. Mr. Hanvey asked Mr. Riccardi if he had an engineer picked out.  Mr. Riccardi said

Garlock & Smith is the surveyor, and Desine, Inc. is the engineer. He said they haven’t put forth all of the engineering yet,

 because they’re just getting the ball rolling.  What the township is asking for tonight is something his attorney will handle.

Brian Manson: Mr. Manson asked Mr. Kehoe if he would be ready for Mr. Riccardi’s attorney tomorrow? Mr. Kehoe said

yes. 

Susan Davidson:  asked what exactly are they doing at the pit now?  Are they mining, are they restoring, are they

bringing dirt in to separate and sell, because that’s what it sounds like.  It’s so loud—there has never been the noise

volume there is now.  Mr. Hanvey said they are running multiple plants and the previous operator never did.  Mr. Riccardi

said to his knowledge, Mr. Trierweiler dry-screened material for the past 20 years.  There is such an abundance of dirty

stone on the site now it is economically worth it to wash the stone that’s there and reclaim the land with the sand taken

off the stone. They have cleaned up the garbage, mobile home, old conveyors, trucks, trash, broken concrete, and debris.

Mr. Hanvey asked why they’re cutting down the trees on top of the hill. Mr. Riccardi said when material is processed to

run through the wash plant, you need a 60/40 mix of sand and stone.  They need the sand to process the stone. 

Art Mohr:  The issues are very clear.  The only reason Mr. Mohr is here is because Mr. Riccardi’s operation is defacing

the area by cutting down trees, making too much noise, putting dust in the air, and running a lot of trucks. The board’s

concern should have nothing to do with the further reclamation.  Mr. Mohr would like to see professional conduct on the

part of the elected board members to stop the operation until Mr. Riccardi’s operation is in compliance with the current

laws that prevail. 

Jim Hoover:  Mr. Hoover asked Mr. Kehoe if the township would have any liability for the trucks if there were to be an

accident. Mr. Kehoe said he doesn’t believe so. Mr. Hanvey said he disagrees with Mr. Mohr. He believes his objective

is to have the site restored to a position that makes it residential, the noise and the dust are gone. Mr. Hanvey asked

Mr. Westmoreland about the time frame for a grading plan.  Mr. Westmoreland said between 30-60 days. 

Jack Lowe asked to have the motion include that the existing boundaries aren’t to be extended until the grading plan is

approved. Mr. Lowe said that provides incentive to get the grading plan more quickly.  It should also include a statement

about substantial compliance with the 2004 mining ordinance.  Mr. Hanvey asked which group would handle that,

 the Planning Commission, the ZBA?  Mr. Lowe asked Mr. Kehoe if the ZBA would be the appropriate group. 

Mr. Kehoe said that would be one way.  Another way would be through some type of consent agreement entered with the

court.  Mr. Lowe reiterated that a great deal of what went on tonight was self-created by Mr. Riccardi’s actions. 

Myrna Schlittler motioned to issue a stop-work order until a $5 million bond is posted, provide a grading plan within 60

days, become compliant with the 2004 mining ordinance by complying with hours of operation, dust control, and safety

issues, and mining on the banks will not be extended.  Sue Lingle seconded.  Roll call vote:  Dave Hamann, Sue Lingle,

Bob Hanvey, Myrna Schlittler—all yes.  Motion carried 4-0.

Mr. Hanvey directed the zoning administrator to put a stop-work order on the sign at the site, and provide Mr. Riccardi

with a copy.  Dave Hamann motioned that if work does not stop due to the red tag, the township board authorizes

Mike Kehoe to seek an injunction.  Sue Lingle seconded.  Roll call vote:  Myrna Schlittler, Bob Hanvey, Sue Lingle,

Dave Hamann—all  yes.  Motion carried 4-0.

(Adjourned for break; resumed meeting at 10:12 p.m. )

CALL TO PUBLIC

None.

APPROVAL OF MINUTES

Ways & Means Meeting, July 6, 2004

Myrna Schlittler motioned to approve the July 6, 2004 Ways & Means minutes as presented.  Sue Lingle seconded.

 Motion carried 4-0.

Board of Trustees Meeting, July 8, 2004

Sue Lingle motioned to approve the July 8, 2004 Board of Trustees minutes as presented.  Dave Hamann seconded.

Motion carried 4-0.

Special Board of Trustees Meeting, July 22, 2004

Dave Hamann motioned to approve the Special Board of Trustees minutes as presented. Sue Lingle seconded.

Motion carried 4-0.

Ways & Means Meeting, August 9, 2004

Dave Hamann motioned to approve the August 9, 2004 Ways & Means minutes as presented.

Sue Lingle seconded.  Motion carried 4-0.

OLD BUSINESS

Roads

The price from Livingston County Road Commission (LCRC) to fix the roads (Fisk from Francis to Beck) was $54,000. 

The township only wanted to spend $45,000; $21,000 of that is GRIP money. Mr. Hanvey said if this isn’t handled at this

meeting, it probably won’t get done this year.  If the GRIP money isn’t used, it’s lost. Sue Lingle motioned to approve

$54,000 for road repairs.  Myrna Schlittler seconded.  Roll call vote:  Dave Hamann , Bob Hanvey, Myrna Schlittler,

Sue Lingle—all yes.  Motion carried 4-0.

Fire Ordinance

Bob Hanvey received comments from the attorney, but more are coming.  Dave Hamann motioned to table this item. 

Sue Lingle seconded.  Motion carried 4-0.

Skate Park

Sue Lingle motioned to contribute $2,350 for services contingent upon a satisfactory agreement being reached between

the township and the City of Howell .  Dave Hamann seconded.  Roll call vote:  Myrna Schlittler, Bob Hanvey,

Dave Hamann, Sue Lingle—all yes.  Motion carried 4-0.

Parking Lot/Norton Road Manholes

A bid was received from Pearson for $19,012.  Mr. Westmoreland offered the opportunity to Allied Construction for

$13,000 and they declined.  Mr. Westmoreland said he received a letter from them today saying they want the original

$11,000, plus the $4,500 from the February proposal to fix the Norton Road manholes, which brings the total to roughly

almost $16,000.  Their proposal for the parking was approximately $9,000.  Mr. Westmoreland feels $11,000 is too high

for the Norton Road patches.  Mr. Hanvey said Dan Lowe has information from Tom Rogers. Sue Lingle motioned to table

this item for more information.  Myrna Schlittler seconded.  Motion carried 4-0.

Electronic Recycling Payment Request

Dave Hamann motioned to pay Recycle Livingston $996 for 2004 electronics recycling.  Sue Lingle seconded. 

Motion carried 4-0.

NEW BUSINESS (continued)  

Trierweiler Show Cause Hearing

Annette McNamara provided the board with a letter requesting this item be withdrawn based on conversations that the

attorneys have had. Dave Hamann motioned to postpone this item until further communication from the zoning

administrator.  Myrna Schlittler seconded.  Motion carried 4-0.

Snow Removal  

Sue Lingle motioned to accept bids for the 2004-05 snow removal.  Myrna Schlittler seconded. Motion carried 4-0.

Cleaning of Hall

Myrna Schlittler indicated she received two bids for cleaning services:  Carefully Clean for $100 per week, and

E.T. Janitorial for $105 per week.  There was a question whether the quote was for one building or both.  Sue Lingle

motioned to have Cindy Hodge get more specific information from E.T. Janitorial.  Myrna Schlittler seconded. 

Motion carried 4-0.

MHOG Wells #5 and #6 Site Plan

Sue Lingle motioned to approve the site plan for MHOG wells #5 and #6 as recommended by the township Planning

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

Planning Commission Rules and Procedures

Annette McNamara provided copies in the packets for the board’s review.

GIS Intergovernmental Agreement

Mr. Hanvey provided the board with a letter from the county’s GIS department requesting an amendment to the

Intergovernmental Agreement for Access to GIS Data between the county and the township to prohibit the township from

posting county data on the internet.  Sue Lingle motioned to authorize the township supervisor to sign the amended

agreement. Myrna Schlittler seconded.  Motion carried 4-0.

PLANNING COMMISSION REPORT

Dave Hamann reported that the Planning Commission held three meetings.  Two items will be presented at a public

hearing on August 24.  The regular PC meeting was held on July 27.  The PC reviewed a Special Use Permit for The

Meadows West, MHOG wells, and set public hearings.

PARKS & RECREATION REPORT

Sue Lingle reported that at the July 13 meeting, Todd Smith from Genoa Township reported they may pull out of the

Howell Area Parks & Recreation. Genoa Township is attempting to purchase a 200-acre parcel which would not be part of

the Authority.At the August 10 meeting, a new member was assigned by the Howell City Council to replace Sarah Miller.

ZBA REPORT

None.

ZONING ADMINISTRATOR REPORT

Provided in packets. 

DPW REPORT

Provided in packets.  

FIRE AUTHORITY REPORT

Bob Hanvey said he would provide a report at the next month’s meeting.

FOR THE GOOD OF THE TOWNSHIP

Bob Hanvey reported that work on the Knolls of Grass Lake began yesterday. 

CALL TO PUBLIC

None.

TREASURER’S REPORT

Dave Hamann motioned to accept the Treasurer’s Report with expenses of $61,080.96.  Myrna Schlittler seconded.

Motion carried 4-0.

ADJOURNMENT

Sue Lingle motioned to adjourn the meeting at 10:40 p.m.   Dave Hamann seconded.  Motion carried 4-0.