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MARION
TOWNSHIP
AGENDA AND DRAFT MINUTES
January
13, 2005
CALL
TO ORDER:
MEMBERS
PRESENT:
MEMBERS
ABSENT:
CALL
TO THE PUBLIC:
APPROVAL
OF AGENDA:
APPROVAL
OF MINUTES FOR:
OLD
BUSINESS:
Act 425 (Intergovernmental Conditional
Transfer of property by
Contract)
Peavy Force Main
Northern Materials (TT&G)
site
Lucy Road Maintenance
Land Use Permit Policy
Emerald Ash Borer
Carlisle/Wortman Contract
Sewer Rate Study
OHM Maps Approval
Allied Construction Invoice
Sexton/Peavy/Keddle Road Petition
NEW
BUSINESS:
Section
6.07 Accessory Structure Language
Abend Show Cause Hearing
Striler Show Cause Hearing
Clark Hill Invoice
LCRC (Road improvement;
where will funds be directed)
Request for the High School to Hook up to Sewer and Water
Fire Authority Budget for
2005
Resolution of
Indemnification
Cost of Mileage
Snow Removal
Land Division
PLANNING
COMMISSION REPORT
PARKS
& RECREATION REPORT
ZBA
REPORT
ZONING
ADMINISTRATOR REPORT
DPW
REPORT
FOR
THE GOOD OF THE TOWNSHIP
CALL
TO PUBLIC:
TREASURER’S REPORT
ADJOURNMENT:
MEMBERS
PRESENT:
Bob Hanvey
, Sue Lingle, Dan Lowe,
Dave Hamann
, and Tammy Beal
MEMBERS
ABSENT:
None
OTHERS
PRESENT:
Mike Kehoe
, Township Attorney (part of meeting)
Phil
Westmoreland, OHM, Township Engineer
*******************************************************************************************************
CALL TO ORDER
Bob
Hanvey
called the meeting to order at
7:30 p.m.
PLEDGE TO FLAG
BOARD
MEMBERS PRESENT
The board members introduced
themselves.
Larry
Sefton, 1172
County
Farm
:
Mr. Sefton asked about the hours of
operation for
the Northern
Materials
gravel pit. Mr. Hanvey said the
proposed change is from 8:00 am-1:00 pm
on Saturday, and
7:00 am-5:30 pm
during the week. Mr. Sefton
said
the website indicated
7:00 am-7:00 pm
weekdays.
Mr.
Hanvey said that’s incorrect
and will be changed.
APPROVAL OF AGENDA
Board of Trustees Regular Meeting, December 9, 2004
Dave Hamann
motioned to
approve the minutes as presented. Tammy
Beal
seconded.
Motion
carried 5-0.
Board of Trustees Special Meeting, December 20, 2004
Dave Hamann
motioned to approve the minutes as amended.
Sue Lingle seconded.
Motion
carried
5-0.
Ways
& Means Meeting, January 10, 2005
Dave Hamann
motioned to approve the minutes as presented.
Sue Lingle seconded.
Motion
carried 5-0.
OLD
BUSINESS
Northern
Materials
Bob Hanvey
asked the township attorney,
Mike Kehoe
, and Northern Materials’ attorney,
Raymond Feul, to discuss the draft consent order provided
in the board packets. Mr. Feul
said a draft proposed order was sent to Mr. Kehoe, who
made revisions. A couple of
other
minor changes were made.
This would permit an order to be entered with the court that would
dispose of the lawsuit, including the counterclaim against
the township, and would rely on the
soil and erosion plan that’s already been approved by
the board, as well as the proposed
development plan. Both
of these plans will be attached as exhibits.
Mr. Hanvey added that
the project would proceed as any other normal project
would once excavation is complete.
Mr. Feul said that is correct, and it provides for a bond.
Mr. Hanvey also said the fence has
been put up.
Larry
Sefton, 1172
County
Farm
:
Mr.
Sefton said there is no fence on the south side.
Mr.
Hanvey said as soon as this is approved, the south side is going to be
where
they
will start doing the restoration work. The
agreement calls for excavation and
restoration
to be going on simultaneously. Mr.
Sefton asked what is meant by
restoration.
Mr. Hanvey asked Glen Caverly to explain.
Mr. Caverly said grading the
slopes;
there’s no more mining to be done on the south side.
Mr. Sefton said that’s \
the
truck entrance and there’s a lot of noise.
Mr. Caverly clarified the area that
Mr.
Sefton was asking about, along
County
Farm
. Mr. Caverly said there
wouldn’t be
any
grading there yet. Mr. Sefton
said he would like to see them get away from that
corner.
Mr. Caverly said they couldn’t get away from the corner until the
pit is done,
because
that’s where the county approved the driveway to be.
Mr. Sefton asked
about
the time frame. Mr. Hanvey said the
only restriction in the agreement is that the
whole
excavation project be completed within three years.
Mr. Hanvey also informed
the
residents that once this order is signed, a copy could be obtained through
the
courts.
Mr.
Kehoe said the one modification that was requested is on page 5, and will
read
as
follows: IT IS FURTHER
ORDERED that the Defendants may pursue and
undertake
such excavation and mining operations and activities including, but
not
limited
to, removal of trees, earth moving and grading that is not inconsistent
with
the
proposed Grading and Soil Erosion plan attached hereto as Exhibit A.
Sue
Lingle motioned to authorize
Mike Kehoe
and Tom Meagher to execute the
consent
order as revised, contingent upon execution by opposing counsel.
Dave Hamann
seconded. Roll call vote:
Bob Hanvey
, Sue Lingle, Tammy Beal,
Dan
Lowe,
Dave Hamann
—all yes. Motion carried
5-0.
Act
425
A
letter from Shea Charles, Howell city manager, is provided in the packets.
Mr.
Hanvey said no action is required from the board at this point; however,
this would
be
an excellent time to ask Mr. Kehoe any questions.
Mr. Hanvey also said one of the
items
not in the letter is that the city has apparently agreed to waive the tap
fees on
the
sewer for the development, but not on the water.
It may be in the township’s best
interest
to arrange some sort of agreement whereby the water and sewer are at some
point
removed from that project and transferred somewhere else with the condition
that
there be no cash flow damage done to the township and there’s no
extraordinary
expenses
in maintaining and monitoring this transfer.
Gary
Riser,
860 Lucy Road
:
Mr. Riser asked what exactly is happening with this
property.
Mr. Hanvey said the most recent proposal that was made to the city is
for
the
company known as
Highland
to change the plan from a manufactured home park
to
attached condos.
There would eventually be approximately 300-500 units over the
next
several years.
The proposed loop road that at one time was going to go out to
Lucy
Road
as the only outlet has been proposed to be changed so that the major
outlet
will be to
National Street
and there will be another paved road that will exit on
Lucy Road
.
The proposal is to close the railroad crossing at
Lucy Road
.
Dan
Lowe asked if the sewer taps would be dealt with later.
Mr. Hanvey said he and
Ms.
Lingle attended a meeting with Shea Charles and Terry Wilson, and it seems
that
they
are looking at this as two separate issues. The
annexation is separate from the
resolution
of the special assessment situation. Mr.
Lowe asked Mr. Kehoe if the
township
loses its leverage once the property is annexed.
Mr. Kehoe said he doesn’t
believe
so, although he’s still in the process of looking at the finer details of
the
process.
Mr. Hanvey said one of the interesting provisions of the 425
agreement is
that
Public Act 425 provides for a sharing of revenue between the two units
of
government
for a 30-year period. When the
agreement was written, the township
millage
was 1.28 mils, and that’s the millage rate that the development will be
paying
on,
even though the township’s current millage rate is .84.
This would provide an
increase
in tax revenue for 30 years. Mr.
Lowe asked if they were delinquent on their
assessments,
would that make it harder for the township to do anything.
Mr. Kehoe
said
the consequences should remain the same, but he will check further.
Allied
Construction Invoice
A
draft letter to Allied Construction is provided in the board packets
regarding the
Norton Road
repairs. Mr. Kehoe suggested
that the amount of the refund also be
included
in the letter. Sue Lingle
motioned to authorize township clerk to send the
letter
to Allied Construction. Dan Lowe
seconded. Motion carried 5-0.
AT&T/Cingular Lease
A packet of information is included
in the board packets. Dan Lowe
motioned to table this
item until next month.
Tammy Beal seconded. Motion
carried 5-0.
Peavy
Force
Main
Phil
Westmoreland from OHM discussed the options for the Peavy force main.
There
is a Panhandle gas line nearby with a cathodic protection system,
which
prevents
that pipe from rusting. It
appears that this cathodic protection system,
which
is within feet of the township’s ductile iron force main, is eroding the
force
main.
One option is to do nothing and continue to make repairs, although
that will
be
expensive. Mr. Westmoreland
believes a break will happen again within another
year
or two. Another option is to
replace the force main with plastic pipe using a
method
called pipe bursting. A third
option would be to weld anode bags on the
pipe,
which is relatively inexpensive. Dan
Lowe suggested directional boring.
Mr.
Westmoreland said directional boring and pipe bursting is approximately
the
same
cost. Dan
Lowe motioned to have Phil Westmoreland of OHM provide a
proposal.
Tammy Beal seconded. Motion
carried 5-0.
NEW
BUSINESS
Howell
Schools Request for Sewer/Water
Rick Terres from Howell Public Schools was present to
request water and sewer service for
the new high school, which will be complete in the fall of
2007. Mr. Hanvey said the
details
involve the engineering specifications and the number of
REUs
. Mr. Hanvey said the township
would install a service lead as opposed to a sewer main.
Dan
Lowe motioned to table until written opinions are received from both
attorneys.
Tammy
Beal seconded. Motion carried
5-0.
Lucy Road
Maintenance
Mr.
Hanvey said the township received letters from two residents of
Lucy Road
requesting
the board look at the maintenance situation.
Part of the issue is the
number
of residents, which is only 10 or 11 houses, versus the length of the road.
The
cost to update the road would be approximately $100,000.
That is more money
than
the township can afford for the small number of residents.
It wouldn’t be the
best
way the board could spend that amount of money.
Dan Lowe suggested that
Genoa
Township
should participate in paying for road maintenance given the fact
that
the businesses on
Lucy Road
are in
Genoa
Township
.
Abend
Show Cause Hearing
Alan and Lisa Abend, 2741 Black Eagle
Ridge, were present in response to a violation notice
sent by the zoning administrator.
Mr. Abend provided the board members with photographs
of the structure, which he is using
to store wood. The structure has
a wood floor, but no
footings.
Mr. Abend feels this is not a structure and shouldn’t have to meet
the setbacks.
Dan
Lowe motioned to have the Abends move the shed by July 1, 2005 to meet the
required
side yard setback. Tammy Beal
seconded. Motion
carried 5-0.
OLD
BUSINESS (continued)
Emerald
Ash Borer
Mr. Hanvey said the role of the
township would be to administer the project. The
rules are still
being formulated.
It seems that the work would exceed the benefit.
Dan Lowe motioned to
continue to follow the progress of
this project. Sue Lingle
seconded. Motion carried 5-0.
Carlisle/Wortman
Contract
Dave Hamann
motioned to approve the Carlisle/Wortman contract as presented.
Tammy Beal
seconded.
Roll call vote: Dan Lowe,
Tammy Beal,
Bob Hanvey
, Sue Lingle,
Dave Hamann
—
all yes.
Motion carried 5-0.
Sewer
Rate Study
Dan
Lowe moved by resolution to change the rate to $3.50 per thousand and the
flat
rate
will remain the same. Sue Lingle
seconded. Roll call vote:
Dave Hamann
,
Dan
Lowe, Sue Lingle, Tammy Beal,
Bob Hanvey
—all yes. Resolution passed
5-0.
OHM
Maps
Dave Hamann
motioned to table this item. Sue
Lingle seconded. Motion
carried 5-0.
Sexton/Peavy/Keddle
Road
Petition
No residents were present to discuss
this item. The petition has been
received and filed.
NEW
BUSINESS (continued)
Text
Amendment
After
discussion by the board,
Dave Hamann
motioned to table this item. Sue
Lingle
seconded.
Motion carried 5-0.Dan Lowe had questions about the ground
floor
living
space for ranches and two-story homes and felt this should be clarified.
Striler
Show Cause Hearing
The property owner was not present
for the show cause hearing. Sue
Lingle motioned to have
the zoning administrator pursue
action against the owner.
Dave Hamann
seconded.
Motion carried 5-0.
CIRAB
Appointment and Report
Sue
Lingle motioned to appoint John Lowe to the CIRAB Board as the
Marion
Township
representative.
Dave Hamann
seconded. Motion carried 5-0.
Mr. Hanvey reported that at the last
CIRAB meeting, held last week, the engineer from
Williams & Works presented some
plans for attempting to resolve the odor problem at the
sewer treatment plant.
The solutions ranged from $70,000 to about $600,000, and more
details will be provided.
Another issue that was discussed is the need for a filter system.
Another meeting will be held in
March.
LCRC
Dan
Lowe had questions for Phil Westmoreland about tar and chip.
Dave Hamann
suggested
getting recommendations from the Road Commission.
Mr. Westmoreland
will
provide supplies and prices, and define the process.
2005
Fire Authority Budget
Sue
Lingle moved by resolution to approve the 2005 Fire Authority budget.
Dave
Hamann
seconded.
Roll call vote:
Dave Hamann
, Sue Lingle,
Bob Hanvey
,
Tammy
Beal, Dan Lowe—all yes.
Resolution passed 5-0.
Resolution
of Indemnification
Tammy
Beal made the following Resolution of Indemnification of Township Officers
and
Employees:
Whereas, Public Act 170 of 1964, as amended, authorizes
indemnification
of public officers and employees while acting on behalf of the
township
within the scope of their authority:
NOW, THEREFORE, BE IT
RESOLVED
that whenever a claim is made or a civil action is commenced against
an
officer or employee of Marion Township for injuries to persons or
property
allegedly
caused by the officer or employee while acting within the scope of his
or
her
authority, Marion Township shall pay for, engage, or furnish the services of
an
attorney
to advise the officer or employee as to the claim and to appear for
and
represent
the officer or employee in the action.
The Township Board may
compromise,
settle, and pay the claim before or after the commencement of a civil
action
whenever a judgment for damages is awarded against an officer or employee
of
the Township as a result of a civil action for personal injuries or property
damage
cause.
Dave Hamann
seconded.
Roll call vote:
Dave Hamann
, Dan Lowe,
Tammy
Beal, Sue Lingle,
Bob Hanvey
—all yes.
Resolution passed 5-0.
Mileage
Reimbursement Rate
Sue
Lingle motioned to increase the mileage reimbursement rate to 40.5 cents per
mile.
Dave Hamann
seconded.
Roll call vote:
Tammy Beal, Sue Lingle,
Bob Hanvey
,
Dave Hamann
, Dan Lowe—all yes.
Motion carried 5-0.
Snow Removal
Sue
Lingle motioned to terminate the contract with Rocky Ridge for snow removal.
Tammy
Beal seconded.
Motion carried 4-1.
Tammy
Beal motioned to select Tom Rogers to provide snow removal services.
Dave Hamann
seconded.
Roll call vote:
Dave Hamann
, Sue Lingle,
Bob Hanvey
,
Tammy
Beal, Dan Lowe—all yes.
Motion carried 5-0.
Land
Division Ordinance
Dave Hamann
motioned to
table this item. Tammy Beal seconded.
Motion carried 5-0.
Consolidated
School Elections
Tammy Beal said she needs approval
from the board to sign a form allowing the township to
hold the consolidated school
election. Sue Lingle motioned to
authorize the clerk to sign the
form for the
Howell
School District
election.
Dave Hamann
seconded. Motion carried 5-0.
Dave
Hamann
motioned to
authorize the clerk to sign the form for the
Pinckney
School
District
election. Sue Lingle seconded.
Motion carried 5-0.
Sue
Lingle motioned to authorize the clerk to sign the form for LESA.
Dave Hamann
seconded.
Motion carried 5-0.
Summer
Tax Collection
Sue Lingle reported that the
Livingston County Treasurer’s Association held a special meeting.
Howell Schools has offered to pay $1
per parcel for summer tax collection. Up
until now,
Ms. Lingle had negotiated a price of
$4.50 per parcel. Another meeting will
be held next week,
and Ms. Lingle would like the board
to authorize her the ability to negotiate at that time.
PLANNING COMMISSION REPORT
Dave Hamann
reported the
Planning Commission held two meetings in December.
A
workshop was held on December 13, and the regular meeting was held on
December
20.
PARKS & RECREATION REPORT
Sue Lingle provided reports for the December and January
meetings.
ZBA REPORT
Dan Lowe reported that no meeting was held in December.
ZONING
ADMINISTRATOR REPORT
Provided
in packets.
DPW REPORT
Provided
in packets.
FOR THE GOOD OF THE TOWNSHIP
Bob Hanvey
reported that
he attended the Solid Waste Committee meeting.
They
are
moving along with the challenge grant. Electronic
recycling will probably be
done
again this year. A new feature
for 2005 is selling 80-gallon composting bins
for
$20, along with instructions and training on how to use them.
Mr. Hanvey also
attended
the Natural Features Coalition meeting.
This group would like to attend the
February
Ways & Means meeting to make a presentation.
CALL TO THE
PUBLIC
Phil Westmoreland reported that his associate, Kristen
Lundeen, is leaving OHM.
Mr. Westmoreland also attended a recent MDOT meeting.
One of the items on the list for 2007
is resurfacing and reconstruction work on the bridge of
M-155, from Norton to end of route.
OHM INVOICE
Sue Lingle motioned to pay the OHM invoice for the Peavy
force main in the amount of
$3,697.25.
Dave Hamann
seconded. Roll call vote:
Dan Lowe,
Dave Hamann
, Sue Lingle,
Tammy Beal,
Bob Hanvey
—all yes. Motion carried 5-0.
TREASURER’S REPORT
Sue
Lingle presented the treasurer’s report for December 2004, with expenses
of
$58,815.23.
Tammy Beal motioned to accept the report as presented.
Dave
Hamann
seconded. Motion carried 5-0.
ADJOURNMENT
Sue
Lingle motioned to adjourn the meeting at 10:26 p.m.
Dave Hamann
seconded.
Motion
carried 5-0.
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