Marion Township - Livingston County Michigan

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 January 3, 2008 Regular Meeting Minutes

b.) Treasurers Report

c.) Investment Report

3. Howell Area Parks and Recreation Authority

4. Final Review of Proposed Text Amendment #01-07

Section 17.10 (Wireless Communication Facilities)

Section 3.02 (Wireless Communication Facilities Definition)

5. Final Review of Proposed Text Amendment #09-07

Section 6.30 (Family/Accessory Apartment)

Section 3.02 (Family/Accessory Apartment Definition)

6. Final Review of Proposed Text Amendment #06-07

Article VII Zoning Districts & Map including Schedule of

Regulations

7. Final Review of Proposed Text Amendment #08-07

Section 8.03 (Urban Residential Uses Permitted by Right B #5 & Uses Permitted with a Special Use Permit D #15)

Section 17.29 (Two Family Dwellings)

7. Final Review of Proposed Text Amendment #11-07

Section 3.02 (Utility Easement Definition)

8. Re-appraisal of Residential and Agriculture Properties

9. Musson Hills Cemetery Property

10. Fyke Water REU Refund

11. Sewer Usage Refunds

12. Poverty Exemption Guidelines (Income)

13. Copier Proposals

14. Marion Township Insurance Renewal

15. 2008 Marion Township Road Projects

16. Watershed Discussion

17. Foster, Swift, Collins & Smith, P.C. Invoice for $3,835.72

18. Clark Hill Invoice for $5,506.00

Correspondence/ Updates

For the Good of the Township

Call to the Public

Adjournment

DRAFT MINUTES

MEMBERS PRESENT: Bob Hanvey , Paula Wyckoff , Dave Hamann , Tammy Beal , Les Andersen, Travis Hodge, and Dan Lowe

MEMBERS ABSENT: None

OTHERS PRESENT: Phil Westmoreland , OHM

Chris Arsenault, Pfeffer, Hanniford & Palka

Annette McNamara , Zoning Administrator

Vickie Moellmann , Assessor

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CALL TO ORDER

Bob Hanvey called the meeting to order at 7:00 p.m.

PLEDGE TO FLAG

MEMBERS PRESENT/ABSENT

The members of the board introduced themselves.

CALL TO THE PUBLIC

None.

APPROVAL OF AGENDA

Dave Hamann motioned to approve the agenda as amended. Paula Wyckoff seconded. Motion carried 7-0.

CONSENT AGENDA

Les Andersen motioned to approve the consent agenda as amended. Dave Hamann seconded. Motion carried 7-0.

APPROVAL OF JANUARY 3, 2008 REGULAR MEETING MINUTES

Bob Hanvey asked to change the word “contribution” to “payment” under Correspondence/Updates, page 3, paragraph 3, regarding Recycle Livingston.

HOWELL AREA PARKS AND RECREATION AUTHORITY

Deborah Mikula, Director of the Howell Area Parks and Recreation Authority, was present to ask for the township’s financial support for the next three years. She provided the board with some statistics on the number of residents from the township who participate in programs. Accurate information isn’t available for residents who use the city park or the senior center, but will be available in the future.

Jim Klingsten, township resident who works with the Howell Area Soccer group, said there has been a 33% growth in the program. They need space for practice fields and game fields. He would like to see the township increase its support of HAPRA.

The following residents attended the meeting to let the board know that they want the township to continue its financial support of HAPRA: Nancy Lavey, 222 W. Coon Lake Road; Barb Klingsten, 3579 Mandry Dr.; Robin Red Wing, 5050 Vines Road; Cindy Alesso, 4045 Love’s Creek; Stuart Blatt, 2404 White Birch Trail; Jonah Blatt, 2404 White Birch Trail; Jimmy Blatt, 2404 White Birch Trail; Sherry Howard, 5019 Scheuner’s Way; Rick Schrader, 2109 Dutcher; Judy Podvin, 5074 Vines Road; Mark Michaels, 735 E. Coon Lake Road; and Jean Anderson, 4258 Rurik.

The following residents sent emails expressing their opinions that the township should continue to support HAPRA: Jeffery Falzone; Richard McIntyre; Domenic & Emily Baruzzini; Kelly & Tim Johnson; Tim & Kristi Brennan; Rodney Red Wing; Diane Bockhausen; and Donna Conrad-Roskamp.

Paula Wyckoff motioned that Marion Township will forecast funds for the Howell Area Parks and Recreation Authority in the amount of $57,980 plus inflation for the 2008 and 2009 summer tax bills. Travis Hodge seconded. Roll call vote: Hamann, Lowe, Beal, Hanvey, Wyckoff , Andersen, Hodge—all yes. Motion carried 7-0.

FINAL REVIEW OF PROPOSED TEXT AMENDMENT #01-07

Bob Hanvey pointed out several wording changes he would like to see: 1) change 225’ setback from residence to occupied structure; 2) under “antennas”, the last item is already in “towers”—remove item 10; 3) the wording for Section C, item 1 j should be similar to “the application for the WCSF must demonstrate why co-location on an existing structure is not possible”; 4) change the word “devise” to “device” in Section C 1 o.

Les Andersen motioned to approve the proposed text amendment #01-07 for Section 17.10 and 3.02 with the amendments as discussed. Dave Hamann seconded. Motion carried 7-0.

FINAL REVIEW OF PROPOSED TEXT AMENDMENT #09-07

Tammy Beal motioned to approve the proposed text amendment #09-07 for Sections 6.30 and 3.02 of the zoning ordinance. Paula Wyckoff seconded. Motion carried 7-0.

FINAL REVIEW OF PROPOSED TEXT AMENDMENT #06-07

Les Andersen motioned to approve the proposed text amendment #06-07 for Article VII of the zoning ordinance. Tammy Beal seconded. Motion carried 7-0.

FINAL REVIEW OF PROPOSED TEXT AMENDMENT #08-07

Travis Hodge motioned to approve the proposed text amendment #08-07 for Sections 8.03 and 17.29 of the zoning ordinance. Paula Wyckoff seconded. Motion carried 7-0.

FINAL REVIEW OF PROPOSED TEXT AMENDMENT #11-07

Les Andersen motioned to approve the proposed text amendment #11-07 for Section 3.02 (utility easement definition) of the zoning ordinance. Tammy Beal seconded. Motion carried 7-0.

REAPPRAISAL OF RESIDENTIAL AND AGRICULTURAL PROPERTIES

Vickie Moellmann provided the board members with benchmarks and a written proposal, including liability insurance information. Les Andersen asked if there was information available on other townships that may have had issues in the past. Ms. Moellmann said there is a list of townships, but details aren’t available on what specific problems were identified. Bob Hanvey said he’s not thrilled with the idea. Dan Lowe said he doesn’t see the urgency. Mr. Hanvey said he would rather try an in-house approach. Les Andersen motioned to table this item until the April 7 meeting to gather more information. Dave Hamann seconded. Motion carried 7-0.

MUSSON HILLS CEMETERY PROPERTY

Tammy Beal said the property was appraised at $42,400. She said the engineer estimated 585 graves, depending on the layout, with a minimum of 500. Les Andersen motioned to table this item until the April 22 meeting. Paula Wyckoff seconded. Motion carried 7-0.

FYKE WATER REU REFUND

Dan Lowe motioned to table this item until the next meeting to gather more information. Les Andersen seconded. Motion carried 7-0.

SEWER USAGE REFUNDS

Les Andersen motioned to approve two sewer usage refunds for 3758 Norton Road . Tammy Beal seconded. Discussion: Dave Hamann said the process for charging sewer usage needs to be improved. Roll call vote: Wyckoff , Hodge, Hanvey, Hamann, Beal, Andersen, Lowe—all yes. Motion carried 7-0.

POVERTY EXEMPTION GUIDELINES

Dave Hamann motioned to adopt Resolution No. 2008-02, as presented, for the Board of Review to use when evaluating poverty exemption applications. Travis Hodge seconded. Roll call vote: Beal, Hanvey, Hodge, Andersen, Lowe, Wyckoff , Hamann—all yes. Resolution passed 7-0.

COPIER PROPOSALS

A proposal from American Imaging, Inc. was included in the board packets for review. American Imaging has a program available for municipalities to purchase equipment at reduced prices. Travis Hodge also provided information on a Dell copier. Les Andersen motioned to request that the township ask the representative from American Imaging if the township could evaluate one of the units on-site prior to making a decision. Tammy Beal seconded. Motion carried 7-0.

TOWNSHIP INSURANCE RENEWAL

Les Andersen motioned to accept the Burnham & Flower insurance proposal, including the zoning insurance through Diamond State Insurance Co., provided the township can select its own attorney. Tammy Beal seconded. Motion carried 7-0.

2008 TOWNSHIP ROAD PROJECTS

Les Andersen provided information regarding Wright Road and the road commission’s intentions. According to Mike Crain, the decision on what will be done is dependent on what the situation is with the school. Dave Hamann motioned to table this item until the next meeting. Les Andersen seconded. Motion carried 7-0.

WATERSHED DISCUSSION

Bob Hanvey updated the board members on the lawsuit Kalamazoo filed against the MDEQ. He would like to have the township get out of Phase II, but stay with the watershed project. The permit will expire in a few months, and the township can choose not to renew.

FOSTER, SWIFT, COLLINS & SMITH INVOICE

Tammy Beal motioned to pay the Foster, Swift, Collins & Smith invoice for $3,835.72. Les Andersen seconded. Roll call vote: Hodge, Beal, Andersen, Lowe, Hanvey, Hamann, Wyckoff —all yes. Motion carried 7-0.

CLARK HILL INVOICE

Paula Wyckoff motioned to approve Clark Hill invoice #302130 for $5,506. Dave Hamann seconded. Roll call vote: Lowe, Wyckoff , Hamann, Hodge, Andersen, Beal, Hanvey—all yes. Motion carried 7-0.

RESOLUTION AUTHORIZING COLLECTION OF SCHOOL TAX

Tammy Beal motioned to adopt a resolution to collect the school taxes for Howell Public Schools on the 2008 summer tax bill. Dave Hamann seconded. Roll call vote: Hamann, Lowe, Beal, Hanvey, Wyckoff, Andersen, Hodge—all yes. Resolution passed 7-0.

HOMETOWN VILLAGE WATER PRESSURE/MHOG

Dan Lowe said the problem with the water pressure at Hometown Village will require a pump system. The elevations need to be reviewed on the maps. OHM will investigate and report back to the board.

CORRESPONDENCE/UPDATES

None.

FOR THE GOOD OF THE TOWNSHIP

The township now has its own flag, which was displayed at the recent MTA conference.

CALL TO THE PUBLIC

Charlie Musson asked if the township will be reducing its assessments by at least 8%. Bob Hanvey said the township can’t arbitrarily lower assessments; its needs to follow state guidelines.

Jack Lowe passed out a handout regarding FEMA, depicting a property in Genoa Township . He said the homeowner had to spend $1,000 to have the property removed from the floodplain. Bob Hanvey said it’s not because of FEMA; it’s that homeowner’s particular mortgage company. Mr. Hanvey said the trend is for more requirements for FEMA, not less. Dan Lowe expressed his opinion that the township should not participate with this program. Les Andersen gave Jack Lowe the name of his insurance agent who has 22 years of experience dealing with FEMA.

Tammy Surian said she has researched this issue and has received many different answers from different agencies. She doesn’t feel that the township should participate.

ADJOURNMENT

Paula Wyckoff motioned to adjourn the meeting at 11:20 p.m. Travis Hodge seconded. Motion carried 7-0.