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MARION TOWNSHIP BOARD OF TRUSTEES - DRAFT AUGUST 14, 2003
MEMBERS PRESENT:
Bob Hanvey, Sue Lingle, Dan Lowe, Myrna Schlittler, and Dave Hamann MEMBERS
ABSENT: None
OTHERS
PRESENT:
Annette McNamara, Zoning Administrator CALL
TO ORDER Bob Hanvey called the meeting to order at 7:34 p.m. PLEDGE TO FLAG
MEMBERS PRESENT
Board members present introduced
themselves. Dan Lowe arrived
during the Approval of Agenda and was introduced by Bob Hanvey. APPROVAL OF AGENDABob Hanvey asked to have the agenda amended to include three items: Howell Sewer Building, Water Plant Addition, and a zoning amendment received back from Livingston County Planning Department. In addition, under Old Business, an item was added for Don Hall to discuss an issue with a neighbor. Sue Lingle asked to have an item added under Approval of Minutes for the July 7, 2003 Joint Board and Planning Commission meeting. Annette McNamara asked to have an item added regarding the Kangas Temporary Use Permit. Dave Hamann motioned to approve the agenda as amended. Sue Lingle seconded. Motion carried
5-0. CALL TO THE PUBLIC Gary Brakoniecki, 833 Hurley Drive: Mr. Brakoniecki was present to discuss the emergency access road from Timber Bluff that in being created without approval from the owners on the private road (Pleasant Lake Road). Mr. Hanvey explained that the Livingston County Road Commission (LCRC) has different restrictions than the township does for access on public roads. The Planning Commission felt it would be dangerous for only one access. It was decided that a road for emergency purposes only would connect with Pleasant Lake Road. Mr. Hamann, the township board representative on the Planning Commission, said that it was requested by the Howell Area Fire Authority. Mr. Brakoniecki said that if it’s to be used as emergency access, it’s not up to grade and the Timber Bluff developers should make sure that it is. Mr. Hanvey said the plan is to have it meet the standards of a gravel road, but then cover it with grass and plant shrubs to discourage residential use. Mr. Brakoniecki asked if that shouldn’t require
permission from the owners of the road.
Mr. Hamann said he’s not sure what the legality of it is.
Jerry McCann, 883 Hurley Drive: Mr. McCann said that under real estate law, the residents’ permission is required. Mr. Hanvey stressed that it’s for emergency access only, and it would benefit residents of both Timber Bluff and Pleasant Lake. Mr. Brakoniecki asked the township to have its attorney investigate whether this is legal. His main concern is that people will use the road on a continual basis. Dan Lowe said the shrubs planted will be approximately two feet high and it won’t look like an access road. Mr. Hanvey said the township would consult with the attorney. Debra Wiedman-Clawson, a member of the township Planning Commission, was in the audience and pointed out there is another development with private roads, Blossom Farms that has emergency access to another development. Mr. Hanvey pointed out that when that was proposed and approved, Blossom Farms was supposed to have public roads. Dan Lowe mentioned that there is another one in Oceola Township. APPROVAL OF MINUTESBoard of Trustees, July 10, 2003 Myrna Schlittler motioned to
approve the minutes from the July 10, 2003 Board of Trustees meeting as
presented. Sue Lingle seconded.
Motion carried 5-0. Board of Trustees Special Meeting, July 29, 2003
Dave Hamann motioned to approve the minutes from the July 29, 2003 Board of Trustees Special Meeting as presented. Sue Lingle seconded, Motion Carried 5-0. Board of Trustees Ways & Means Meeting, August 12, 2003
Dave Hamann motioned to approve the minutes from the August 12, 2003 Ways & Means Meeting as amended. Sue Lingle seconded. Motion
carried 4-0-1 abstention (Dan Lowe). OLD BUSINESS
Don HallDon Hall, 3438 Cedar Lake Road, was present to again ask the Board to investigate his neighbor, Mr. Musial, running a business. Mr. Hall provided a videotape of the activities taking place at the residence, which was shown to the Board with Mr. Hall’s permission. Sue Lingle asked whether the township should inform Mr. Musial of the tape that was presented. Mr. Hanvey felt that would be appropriate. Ms. McNamara pointed out that the show cause hearing documentation stated that no noise would be created that would constitute a nuisance. It was suggested to skip another show cause hearing and send directly to the attorney. Dave Hamann motioned to forward documentation presented tonight, along with previous documentation from show cause hearing, to the township attorney for evaluation and response to Mr. Musial. Sue Lingle seconded. Motion
carried 5-0. Township EngineerMyrna Schlittler asked the township board to consider hiring another engineering firm. Ms. Schlittler felt there are currently overcharges and lack of detailed billing. Rather than firing the current engineer, she felt that the township could have two engineering firms that it works with. Sue Lingle said the township has reviewed credentials for other engineering firms. Dan Lowe motioned to assign the next engineering task to OHM. Dave Hamann seconded. Motion carried 4-0-1 abstention (Myrna Schlittler). NEW BUSINESSDPW BillsClark Hill submitted a bill for the actual recording of the transcript of the MTT hearing for two days. The next bill is for Gormun-Rupp booster pump at Georgetown. The pump is in place; however, it’s not running yet because the electricity isn’t in. Sue Lingle motioned to approve the Clark Hill bill in the amount of $1,396.30 and the Gorman-Rupp bill for the Georgetown pump in the amount of $108,651, for a total of $110,047.30 and forward to DPW for payment. Dan Lowe seconded. Roll call vote: Dave Hamann, Dan Lowe, Myrna Schlittler, Sue Lingle, Bob
Hanvey—all yes. Motion
carried 5-0. Change Order The change order is for the clearing and grubbing of the trees, backfill and grading on the site due to the power lines that were installed by Detroit Edison after the bids went out that required moving the pump station back 20-30 feet. The request is to approve the change order for $3,678.40, not a pay request. Myrna Schlittler motioned to approve the change order for $3,678.40 on the Georgetown water booster station. Dave Hamann seconded. Roll call vote: Dave Hamann, Sue Lingle, Bob Hanvey, Myrna Schlittler—all yes; Dan Lowe—no.
Motion carried 4-1. Building Financing Mr. Hanvey talked with Ken Palka, the township accountant, regarding this issue. After checking with the township accountant, it was suggested that the township pay out the $300,000.00, which includes the capital fund that’s been put aside and borrow the $200,000. Sue Lingle motioned to borrow $200,000 under the conditions previously stated. Myrna Schlittler seconded. Roll call vote: Dan Lowe, Sue Lingle, Myrna Schlittler, Dave Hamann, Bob Hanvey—all yes. Motion carried 5-0. Ways & Means Times and Dates Dave Hamann motioned to change the Ways & Means meetings to 4:00 p.m. on the Monday prior to the regular board meetings. Sue
Lingle seconded. Motion
carried 5-0. Dust Control Dan Lowe said that Jerry House from the LCRC feels that Francis Road and Triangle Lake Road both need another application. Myrna Schlittler said that the township has spent $37,125 to date on brine. The Pentaseal application cost approximately $25,000. The budget was set at $70,000 for the year. Dave Hamann motioned to have brine applied to Francis Road and Triangle Lake Road. Sue Lingle seconded. Roll call vote: Sue Lingle, Myrna Schlittler, Bob Hanvey, Dave Hamann, Dan Lowe—all yes.
Motion carried 5-0. REU Moving Mr. Scheuner owns property adjacent to Best Western and Mitch Harris’ property on D-19. When the first sewer project was done, the township needed more REUs to fund the project. Mr. Scheuner bought an extra 200 REUs. He has a potential sale for the property and they don’t need all of the REUs. According to legal counsel, the REU’s cannot be moved. Mr. Scheuner is asking the board to help resolve this situation. Myrna Schlittler asked how many REUs the prospective buyer would need. Mr. Scheuner said anywhere from 4 or 5 up to 100. Dan Lowe asked how many Mr. Scheuner wants to get rid of. Mr. Scheuner said he’s aware of some developments in the area that may need to buy more. Bob Hanvey said the board agrees with the concept of allowing REUs to be moved; the township isn’t sure how to actually make it happen. Bob Hanvey assured Mr. Scheuner that this is a high priority and the board is working on resolving the situation. Mr. Scheuner asked for a timeframe for an answer. Bob Hanvey said hopefully by the next regular board meeting, September 11, 2003. Fee Discussion Sue Lingle said that developers are coming in to the office and a great deal of time is spent on unscheduled “pre-planning” meetings, sometimes 2-3 hours. Ms. Lingle feels that a fee should be established for this type of meeting. She suggested that research be done into how much is being spent on Planning Commission and ZBA reviews, and whether the amount required for escrow should be increased. Myrna Schlittler and Dave Hamann agreed. Bob Hanvey asked if the Planning Committee checklist would help facilitate the process? Mr. Hamann said it would facilitate the completed package before it comes to the board, but details of pre-planning meetings still need to be worked out. meetings and escrow payments.
Myrna Schlittler seconded. Motion
carried 5-0. Draft for Parks & Recreation Authority Sue Lingle had previously provided the board members with a copy of the draft, and has provided a copy to the attorney for review and response. The report indicates that we are deficient by 265 acres of developed parkland. A resolution is required from the Board by the end of August. The township’s participation amount this year for Parks & Recreation is approximately $62,000. The authority would provide larger parks with baseball diamonds, etc. The opportunity to receive grants is better with a larger entity. Ms. Lingle also provided a spreadsheet showing the level of participation in Parks & Recreation activities by township. This
item needs to be discussed at the next special meeting. Howell City
Sewer Building
Bob Hanvey said the bids came in higher than expected for this project. The board had previously approved approximately $38,000. Mr. Hanvey wanted to know if the board had a limit on the amount it’s willing to spend. Mr. Lowe said that more information is required. Mr. Hanvey will provide additional information at the
next meeting. Water Plant ExpansionThe peak capacity now is 4 million gallons per day. To add another 8 million gallons for a total of 12 million gallons, the cost is $10,450,000, divided four ways. Another consideration is to add another 4 million gallon capacity, for a total of 8 million gallons, which is approximately $8,000,000. It’s more cost effective to do the larger expansion. According to the growth projections, if the smaller expansion were done, by the time it was done, another expansion would be needed. Mr. Hanvey said that the township accountant indicated the township can afford to pay its portion. Mr. Lowe feels it makes more sense to do the larger expansion if the township can afford it. Dave Hamann motioned to table this item. Sue Lingle seconded. Motion carried 5-0. Zoning Amendment Section 6.19—Lots to Have Access contained some incorrect verbiage. Documentation was provided from the Planning Commission and the Livingston County Planning
Department. Planning Commission. Sue Lingle seconded. Motion carried 5-0. Kangas Temporary Use Permit Annette McNamara asked for the board’s direction with this situation. Mrs. Kangas was granted a temporary use permit for a mobile home during construction of a house. The permit should have been renewed last summer for an additional year, but wasn’t. A letter was sent in June indicating the permit had expired, but no response was received. A violation notice was sent and Mrs. Kangas contacted the zoning administrator. She indicated she had renewed the bond, but didn’t provide the township with a copy. Mrs. Kangas indicated the mobile home would be removed soon. Sue Lingle feels that Mrs. Kangas needs to provide the township with a date. the bond she renewed, and give her 30 days to remove the mobile home from the property. Dave Hamann seconded. Motion carried 5-0. PLANNING COMMISSION REPORT
Dave Hamann stated the Planning Commission met on August 5 for the July meeting (postponed due to election). They discussed some ordinances, tabled others, discussed and tabled the site plan checklist. A Special Use Permit application was reviewed for the Carsley commercial stable and a public hearing was scheduled for August 26. A comprehensive plan meeting was held in July. Future land use was discussed and hopefully that section will be
finished in September. PARKS & RECREATION REPORTProvided in packets. CONSULTANT’S REPORTProvided in packets. Mr.
Hanvey said that Tom Klebba has been working on easements.
ZBA REPORT Dan Lowe reported that no meeting was held. ZONING ADMINISTRATOR REPORTA copy will be provided to the board members on Monday,
August 18. DPW REPORT Provided in packets. Mr.
Hanvey pointed out that the format has been changed to show cumulative
totals. FOR THE GOOD OF THE TOWNSHIPBob Hanvey reported that at the NPDES Phase 2 meeting, it was decided to allocate payment based on square miles in watershed and population. This will be less cost to township. Mr. Hanvey asked Phil Westmoreland to share his impression of this project with the board. Sue Lingle asked about the mosquito collection. Bob Hanvey said that mosquitoes from two sites in the township have tested positive for West Nile Virus, although in both cases, it
wasn’t the strain that can be transmitted.
CALL TO PUBLIC
None. TREASURER’S REPORTProvided in packets. Expenses for the month were $99,088.47. This includes $37,373.25 for a portion of the fire contract. Another large expense, $12,345, was for application of brine treatment. $99,088.47. Dave
Hamann seconded. Motion carried
5-0. ADJOURNMENT
Dave Hamann motioned to adjourn the meeting at 9:45 p.m. Sue Lingle seconded. Motion carried 5-0.
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