MARION TOWNSHIP

BOARD OF TRUSTEES

SPECIAL MEETING

OCTOBER 29, 2002

MEMBERS PRESENT:      Bob Hanvey, Sue Lingle, Dan Lowe and Myrna Schlittler

MEMBERS ABSENT:        Charles Musson

OTHERS PRESENT:          John Ambrose, Township Planner

                                                          John Lowe, Township Planning Commission

                                                          Annette McNamara, Zoning Administrator

                                              Tom Klebba, Consultant

Bob Hanvey called the meeting to order at 1:35 p.m.

None.

John Ambrose was present to review comments received from the Livingston County Planning Commission (LCPC) 

regarding proposed zoning amendments.  Mr. Ambrose explained that these amendments have been approved by

 the township Planning Commission, reviewed by the township attorney who’s recommendations have been

 incorporated, public hearings have been held, and were sent to the LCPC for it’s review and approval.  This

process has taken place during a period of more than one year.  Mr. Ambrose pointed out that the LCPC can only

 make recommendations; it has no authority to “approve” or “disapprove” the language. The next step is for the 

Township Board to approve, revise and/or send the amendments back to the Township Planning Commission. 

  Mr. Ambrose felt some suggestions from the LCPC were reasonable; however, some were difficult to understand. 

One of the revisions that needs to be made is in the amendment pertaining to “wireless communication facilities.” 

  The language in the ordinance will need to be changed from “cellular towers” to “wireless communication facilities”

 where appropriate. 

Bob Hanvey asked if the Planning Commission had voted unanimously to approve the zoning ordinance amend-

ments.Mr. Ambrose said yes.  He believes that no amendment has been sent to the LCPC that wasn’t voted on 

unanimously. Jack Lowe asked whether the township currently has a definition of interior roads and approved 

private roads in the text currently?  Mr. Ambrose said no, there hadn’t been a question before as to what that meant.

Jack Lowe said perhaps it isn’t clear to the general public.  Tom Klebba pointed out that staff had questions about 

the definition of interior roads and approved private roads.  Annette McNamara pointed out we do have a definition

of approved private road, but not for interior road.  Mr. Ambrose said any existing subdivision or site condo street 

is considered an interior road, and suggested a definition be included within the appropriate section of the 

ordinance. Discussion was held regarding language included in Z-70-02, Zoning Board of Appeals, Section 5.05 C 

Variances. The LCPC feels the language is not clear, and the previous language was easier to understand. 

  Dan Lowe suggested that item c be changed by eliminating “…within the time following the effective date of the

 provisions alleged to adversely affect such property.”  Mr. Ambrose pointed out that items a through e should be 

numbers, not letters.  Mr. Hanvey asked for clarification on what “…the owner” means—the present owner or any

 owner?  Mr. Ambrose said by any owner.  Mr. Hanvey asked if the new language requires the applicant to meet all 

criteria?  Mr. Ambrose said no.  Mr. Ambrose suggested the language be changed to “the conditions and

 circumstances unique to the property were not self-created.” 

Dan Lowe motioned to send Z-69-02: Residential Districts, Z-70-02: Zoning Board of Appeals, Z-71-02: Wireless

Communication Facilities, Z-72-02: Schedule of Regulations, and Z-73-02: Private Towers/Antenna back to the 

Marion Township Planning Commission.  Myrna Schlittler seconded.  Motion carried 4-0. 

Myrna Schlittler motioned to table Z-74-02: Rezoning of the Mitch Harris property until the next regular township

 board meeting.  Dan Lowe seconded.  Motion carried 4-0.

Annette McNamara asked for approval from the board to advertise a public hearing on the Open Space Preserva-

tion ordinance for November 26, prior to the regular Planning Commission meeting.  Approval was granted.

Bob Hanvey said the township is asking to have this sent back to Tetra Tech for re-bid on the project.  Dan Lowe 

agreed.  Sue Lingle asked how long this would take.  Discussion was held regarding ordering the pump ahead of

 time.  Jack Lowe suggested that the township send out specs for comparison on the cost of the pump. 

Sue Lingle motioned to re-bid entire Georgetown project with two bids:  one for hardware and one for installation. 

  Dan Lowe seconded.  Motion carried 4-0.

Sue Lingle stated she had received Board approval for a 1% late charge on the winter tax starting on the 17^th.  

Ms. Lingle received a call from County Equalization and the state treasurer said legally we have to charge 3%, 

and it has to start on the 14^th.  Ms. Lingle is requesting the Board to approve a late fee of 3% starting February 14.

  Dan Lowe asked whether the township could go to zero.  Ms. Lingle said yes, but it’s always been 1% and it helps

 bring in the taxes earlier so they can be processed.  Bob Hanvey pointed out that those monies stay with the 

Township, not to the units. Tom Klebba confirmed that this collection is just for 14 days, until March 1 when taxes

 are sent to the County Treasurer. Myrna Schlittler motioned by resolution to approve a late fee of 3% starting 

February 14.  Sue Lingle seconded.  Motion carried 4-0.

Bob Hanvey said that Tom Klebba had been assigned the task of investigating this problem.  Mr. Klebba said that 

approximately one year ago, an inspection was done and it was felt that the lawn was fine, and the issue was dropped.

  However, Ms. Gates was dissatisfied.  The Board agreed to correct the problem.  Mr. Klebba visited the site with 

Tom Donovan who suggested overseeding, which Ms. Gates is opposed to.  Mr. Donovan then recommended 

rototilling, power raking, seeding, fertilizing and straw, at a cost of $1200 now, with an additional $300 possible 

in the spring.  Howell Hydro seed quoted $1300 for 15 yards of topsoil, power raking, seeding, fertilizing and straw.

Howell Hydro seed said it could be done now, but it wouldn’t be guaranteed because of the cold temperatures. 

  Dan Lowe felt it’s too late in the season and the work should be done in the spring.  One of the problems is that it 

hadn’t been watered.  Mr. Klebba said Ms. Gates also wants it done in two phases.  Dan Lowe does not

 recommend that the area be rototilled.  Jack Lowe said Ms. Gates needs to understand that once the lawn is 

restored, she’s responsible for maintaining and watering. Dan Lowe motioned to authorize topsoil, seeding and 

fertilizer in the spring of 2003 up to a maximum of $1200 to restore Gates’ lawn.  Sue Lingle seconded. 

  Roll call vote:  Myrna Schlittler, Bob Hanvey, Dan Lowe, Sue Lingle—all yes.  Motion carried 4-0.

Mr. Klebba said that some items brought to the Planning Commission for clarification were still unclear to staff and 

further clarification is required (e.g., fences). Bob Hanvey mentioned Mr. DeKroub’s DNR permit for a game ranch.

  Several residents have called to complain.  Mr. Hanvey pointed out that this is a use permitted by right in the

 district, and no action is required by the township for this use.