BOARD OF TRUSTEES

                    AGENDA AND DRAFT MINUTES

                         Thursday, March 22, 2007 

Call to Order

Pledge of Allegiance

Members Present/ Members Absent

Call to the Public

1.      Approval of Agenda

2.   Consent Agenda

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 March 8, 2007 Regular Meeting Minutes

b.)    March 13, 2007 Special Planning Commission Report

3.      Loves Creek

      5. Franklin Knoll Site Plan Extension

      6. Marion Retail Center Final Site Plan

7.   Darakjian and Highland Special Assessment

8.  Forest Manholes

9.  Clark Hill Invoice

      10. MHOG Waterline  

      11. Charter Communications

      12. Salary Comparison

     13. Banking Investment Approval

     14. Marion Township Road Committee Report

     15. Township Flea Market

Correspondence/ Updates

      Township Issues

      Supreme Court Case 

      Township Wide Rubbish Removal Discussion

For the Good of the Township

Call to the Public

Adjournment  

                                      DRAFT MINUTES

MEMBERS PRESENT:   Bob Hanvey , Dave Hamann , Travis Hodge, Les Andersen, Paula Wyckoff, 

                                     Dan Lowe, Tammy Beal

MEMBERS ABSENT:     None

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CALL TO ORDER

Bob Hanvey called the meeting to order at 7:02 p.m.  

PLEDGE TO FLAG

BOARD MEMBERS PRESENT

The board members introduced themselves. 

CALL TO THE PUBLIC

None.

APPROVAL OF AGENDA

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

CONSENT AGENDA

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

LOVE’S CREEK

Residents of Love’s Creek and Sesame Drive were present in response to a March 16 letter sent by Bob Hanvey .  Supervisor Hanvey said that according to Public Act 188, the petition submitted last year is still valid.  He also explained the steps in the process if the decision is made to go forward.  The engineer’s opinion of probable cost is $385,000.

Call to the Public

Randall Marich, 4040 Love’s Creek:  Mr. Marich said the original estimate was approximately $3,000 per parcel.  He also said several residents weren’t able to attend because there wasn’t enough advance notice.  Mr. Hanvey explained this is an informal meeting.  Mr. Marich said it should be either hands up or hands down as far as the majority who want to pay that amount of money to drain somebody’s property down at Sesame and Love’s Creek.  Why put in drain pipes when all of these years it’s been sufficient.  Mr. Marich said he’d rather have gravel than a $400,000 road.

Mr. Hanvey said the basic purpose of the township’s involvement is to provide financing.  Love’s Creek and Sesame are both private roads that were developed that way at the request of the developer.  The residents own the road and control what happens to it.  The township’s role is to provide financing.  If the township provides the financing, then the township must go through a rigorous procedure to ensure that everything is done according to a plan.  The plan would be available for everyone’s inspection.  The township engineer would be on-site during construction to make sure it’s done according to the plan.  Mr. Marich asked if the residents of Sesame and Love’s Creek would vote it on.  Mr. Hanvey said Public Act 188 doesn’t have a formal provision for a vote beyond the petition.

Dick Dattilo:  Mr. Dattilo said he’s owned a lot on Sesame for 15 years.  He said there’s no mention of any drainage in the letter.  Mr. Hanvey said that drainage is something that normally happens when a road is constructed to ensure that there will be some drainage.   Mr. Dattilo said there’s nothing in the letter about drainage.  Mr. Hanvey said the plans haven’t been prepared yet.  The estimate was based on a list of materials and the review of the road by the township’s engineer.  Mr. Dattilo said he counted 16 homes on Love’s Creek and 15 on Sesame Drive, north of Love’s Creek.  Where did the number 49 come from?  Mr. Hanvey said there are a few lots that are non-contiguous.  Lots that are next to each other would be considered one unit.  The final count would be done at the second hearing.  Mr. Dattilo said that Sesame Drive, north of Love’s Creek, is in fine shape.  Why is the township looking at drainage and repaving?  Mr. Hanvey said vacant lots would be charged the same as lots with homes.

Larry Grunn, 3969 Love’s Creek:  Mr. Grunn said people are upset by the cost.  Previous bids from Cadillac Asphalt were $245,000 for 3” asphalt and $277,000 for 4” asphalt.  Mr. Grunn said he’s been asking for the estimate from OHM, but still hasn’t received it.  Mr. Hanvey said the number that’s been provided is not a contract number; it’s the engineer’s estimate of probable cost.  The number can always be reduced if the actual bids come in lower.  If they come in more than 5% higher, public hearings would have to be held again.  Mr. Grunn said the road is failing, all they want to do is remove the asphalt, put a good base down, check the sewers and the drains, make sure that it’s fixed right. 

Cindy Alesso, 4045 Love’s Creek:  Ms. Alesso said the letter didn’t indicate what the number represents in terms of repairs, and asked for a recap.  Mr. Hanvey said the exact specifications have not yet been prepared.  Dan Lowe said what the job entails is pulvering the existing asphalt, regrade and reslope it, ditch where necessary, and repave. 

Jim Myers, 3966 Love’s Creek:  Mr. Myers wanted to clarify continuous ownership because he owns four parcels.  Mr. Hanvey said if there’s a consensus on continguous lots being considered one lot, and being assessed one share.  This would eliminate owners combining lots to avoid having to pay multiple shares; the definition of parcel is taken from the Land Division Act.  Mr. Myers said he doesn’t remember discussing the work being this extensive.

Larry Grunn:  Mr. Grunn said the steel culverts underneath the road are 35-40 years old and they could be rusted.  Dan Lowe said chances are the driveway culverts won’t be changed, just cross tubes in the road.  Mr. Grunn asked what is proposed for the road and what is for engineering.  What are the engineering costs proposed?  A copy of the estimate was provided to the attendees, and the engineering costs total $65,000.

Randall Marich:  Mr. Marich asked if there is a possibility of having a vote.  Mr. Hanvey said there’s nothing in the statute that provides for that process. 

Larry Grunn:  Mr. Grunn asked if they are required to use the township’s engineer.  Mr. Hanvey said if the township provides financing, then they have to use the township engineer.  Mr. Grunn asked if the board would be interested in seeing other bids; maybe the township is getting gouged.

Les Andersen clarified what Public Act 188 requires.  The property owners have the option to do the project with their own financing.  Larry Diedrich said they feel the engineering company is really getting in their pockets.  Dan Lowe asked if they have other bids.  Larry Grunn said yes, $15,000-$16,000. Dan Lowe said you have to compare apples to apples, but $65,000 sounds like a lot to him. 

Pat Swift, 3867 Love’s Creek:  Mr. Swift said the last meeting was 15 months ago.  One of the issues was to provide some options as well as recommendations.  It sounds like this is what they have to do.  In the last meeting, there was a great deal of debate on the issue of how the assessment would be distributed. 

Dick Datillo:  Mr. Datillo said he sees three options:  do nothing, only do Love’s Creek and not Sesame, there are variables.  The owners should decide what needs to be done.  Les Andersen said there’s only one option if township money is involved. 

Karen Maisano, 4114 Love’s Creek:  Ms. Maisano said the residents were only given two days notice, and they should find out the general feeling about paving. 

Gary Turnbull, Sr., 2901 Sesame Drive :  Mr. Turnbull said that’s already been done, but he was surprised to hear tonight that the petition is not tied to a dollar amount. 

Dave Hamann motioned to provide this group with a copy of the engineering spec received from OHM, postpone this item until the township is approached by the Love’s Creek/Sesame group with a newly-signed petition, which will be provided by the township.  Paula Wyckoff seconded. 

Tracy Turnbull, 3031 Sesame Drive :  Ms. Turnbull asked if they could get lower prices from other engineers.  Mr. Hanvey said that costs money.  Ms. Turnbull said $65,000 is a ridiculous amount of money.

Bob Hanvey said he would like this group to agree on who the representatives will be.  The representatives will be Randall Marich and Larry Grunn.

Roll call vote:  Dave Hamann , Dan Lowe, Tammy Beal , Bob Hanvey , Paula Wyckoff, Les Andersen, Travis Hodge—all yes.  Motion passed 7-0.

MARION RETAIL CENTER FINAL SITE PLAN

Joe Moore from Boss Engineering was present on behalf of the applicant to request final site plan approval for this project.  He reviewed the project for the board members.  Les Andersen questioned the dimension for the truck cab and trailer on page four, shown at 55’.  Mr. Moore explained that initially, Carlisle Wortman, OHM and Boss Engineering were using different templates, and that 55’ is the standard.  Les Andersen and Dan Lowe disagreed that 55’ is the standard. 

Dave Hamann motioned to approval the final site plan for Marion Retail Center contingent upon issues with the Drain Commission being resolved, and based on the latest approval letters from the following:  Livingston County Road Commission letter dated January 30; Livingston County Drain Commission letter dated March 12; Carlisle Wortman letter dated March 7; OHM letter dated March 15; Tetra Tech letter dated March 19; and the Planning Commission’s list of contingencies.  Travis Hodge seconded.  Motion carried 7-0.

The applicants, Kevin Jappaya and George Jappaya, said tenants are reluctant because of the high sewer and water fees, and asked the board if it would consider reducing fees.  Bob Hanvey said the township is not in a position to reduce tap fees.  He said the township could check with its bond counsel.  Mr. Moore said they also might want to modify the patio for a bank drive-thru. The board said that should be discussed with the zoning administrator.

PREMIER FARMS REVIEW

Information is provided in the packets based on a request from the last meeting.  Les Andersen suggested having the township planner educate the board on its role, etc., regarding this project.  Bob Hanvey said John Enos could be invited to do that.  Les Andersen motioned to invite John Enos to the next board meeting and postpone the meeting with Mark Janek.  Dan Lowe seconded.  Motion carried 7-0.

FRANKLIN KNOLL SITE PLAN EXTENSION

Pat Keough, from Advantage Engineering, requested an extension on the site plan approval for this project.  The Board determined that an extension for this project is not required, and will have the zoning administrator inform Mr. Keough (Action Item #01.)

DARAKJIAN/HIGHLAND SPECIAL ASSESSMENT

Two projects, Highland Development and Ara Darakjian, with REUs committed, have been transferred into the City of Howell under a 425 agreement.  As a result, the parcels are no longer taxed by Marion Township .  There was no tax bill to put the special assessment levy on.  The treasurer has been authorized to bill them directly for special assessments.  Highland paid both summer and winter; Darakjian paid neither.  Bob Hanvey checked with three attorneys regarding the procedure for collection of delinquent special assessments.  None of the attorneys agree with the county treasurer, who writes the checks.  The county treasurer is declining to reimburse the township for the special assessments for Darakjian.  One of the options she is suggesting is to work with the city to put the special assessment levies on the city tax bill for subsequent years.  Mr. Hanvey said other options are to sue the county treasurer or attempt to collect it ourselves.  Paula Wyckoff said the county treasurer feels the township let this fall through the cracks and needs to get with the city to take care of it, and she wanted no part of it.  John Baukham, John Axe and Scott Smith from Clark Hill all agree that she has to pay.  Dan Lowe said the board should write her a letter.  Bob Hanvey provided the board members with a copy of the General Tax Act.  Mr. Lowe suggested writing a letter to the County Board of Commissioners.  Mr. Hanvey said they have no influence on the county treasurer.  Mr. Hanvey suggested taking the balance from this levy and put it on the remaining payments, and then get the City of Howell to subsequently collect the money.  Action must be taken prior to the end of May.  The City of Howell has language that was used from a previous similar situation.  Dave Hamann motioned to authorize the treasurer and supervisor to discuss further with the City of Howell .  Dan Lowe seconded.  Motion carried 7-0.

TOWNSHIP RUBBISH REMOVAL

Tammy Beal was given a sample of bid specs from a township resident.  Mike Mullins, a representative from Hometown Village of Marion, was present to indicate the homeowner’s association’s support for having township-wide rubbish removal.  Dan Lowe motioned to have the clerk provide board members with copies of the bid packet.  Tammy Beal seconded.  Roll call vote:  Paula Wyckoff—yes; Travis Hodge—yes; Bob Hanvey —yes; Dave Hamann —no; Tammy Beal —yes; Les Andersen—no; Dan Lowe—yes.  Motion carried 5-2.

THE FOREST MANHOLES

The township received a letter from the City of Howell ’s DPW Department regarding manholes in The Forest subdivision.  Dan Lowe said the manholes have been covered up and need to be uncovered.  He talked with the City of Grand Blanc ’s DPW and Building departments, and said they require a plot plan from a registered surveyor for a land use permit.  Bob Hanvey said the issue regarding manholes should be part of the township’s existing Sewer and Water general ordinance (Action Item #02.)  Dan Lowe questioned whether there are easements.  Charles Musson said the manholes should be in the road right-of-way.  Dan Lowe motioned to raise the catch basins up to grade, provided easements are available, with funds taken from the sewer fund.  Les Andersen seconded.  Roll call vote:  Bob Hanvey , Dan Lowe, Paula Wyckoff, Tammy Beal , Dave Hamann , Travis Hodge, Les Anderson—all yes.  Motion carried 7-0.

CLARK HILL INVOICE

Dave Hamann motioned to approve the Clark Hill invoice for $5,434.  Travis Hodge seconded.  Motion carried 7-0.

MHOG WATERLINE

Dave Hamann motioned to adopt a resolution to authorize the clerk and supervisor to sign the agreement between the MHOG Authority and Marion Township , publish a notice, and give the public 45 days from the date of publication to object.  Tammy Beal seconded.  Roll call vote:  Tammy Beal , Bob Hanvey , Travis Hodge, Les Andersen, Dan Lowe, Paula Wyckoff, Dave Hamann —all yes.  Resolution passed 7-0.

CHARTER COMMUNICATIONS

A proposed agreement from Charter Communications is in the board packets.  The township’s attorney has reviewed the document, and he advises that Section VI needs to be filled out for 5%, and Charter Communications should be formally advised of that.  Dave Hamann motioned to adopt a resolution to authorize the clerk and supervisor to sign the franchise agreement with Charter Communications.  Paula Wyckoff seconded.  Roll call vote:  Dan Lowe, Paula Wyckoff, Dave Hamann , Travis Hodge, Les Andersen, Tammy Beal , Bob Hanvey —all yes.  Resolution passed 7-0.

SALARY COMPARISON

Tammy Beal said she obtained some information, but it was insufficient.  She is waiting to hear from MTA on this subject, and should have information for the next meeting.

BANKING INVESTMENT APPROVAL

Tammy Beal motioned to authorize the treasurer to add Charter One Bank to the approved list of banks.  Travis Hodge seconded.  Motion carried 7-0.

TOWNSHIP ROAD COMMITTEE REPORT

Additional information was received from the Livingston County Road Commission on what is included in the estimate.  Dan Lowe said he feels the work shouldn’t cost more than $30,000.  Les Andersen said the township shouldn’t have a road committee if there isn’t any funding.  He also said it’s important for the township to have a representative at the Road Commission meetings.  He asked for the board members opinion on putting a road millage on a ballot.  The board members didn’t feel that was a good idea.  Dave Hamann motioned to disband the road committee due to lack of funds.  Les Andersen seconded.  Roll call vote:  Dave Hamann —yes; Dan Lowe—yes; Tammy Beal —no; Bob Hanvey —yes; Paula Wyckoff —no; Les Andersen—yes; Travis Hodge—yes.  Motion carried 5-2.

Tammy Beal will get dollar amounts for dust control and bring the information back to the board (Action Item #03.)

TOWNSHIP FLEA MARKET

Tammy Beal said the staff would like to have a township flea market the Saturday after Labor Day.  Tables could be sold and the funds donated for park equipment.  Dave Hamann motioned to have the clerk gather more information to bring back to the board.  Paula Wyckoff seconded.  Motion carried 7-0.

HOWELL AREA FIRE AUTHORITY ARTICLES OF INCORPORATION

The articles of incorporation are included in the packets for the board’s review.  This item can be discussed at the next meeting.

FIRE BUDGET

Included in the packet is information for review and discussion at the next meeting.

BOARD PACKET DEADLINE

Les Andersen motioned to change the cutoff for board packets to Thursday at noon , with the packets being available by 3:00 pm , for the following Thursday’s meeting.  Travis Hodge seconded.  Motion carried 7-0.

CORRESPONDENCE/UPDATES

The two issues, Supreme Court case and rubbish removal, were discussed earlier.

FOR THE GOOD OF THE TOWNSHIP

None.

CALL TO THE PUBLIC

None.

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 10:38 p.m.   Tammy Beal seconded.  Motion carried 7-0.