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 March 13, 2008 Regular Meeting Minutes

b.) Clark Hill Invoice for $6,314.00

c.) Township Investments

3. Fire Department Budget

4. Brent Drive Special Assessment

5. Love’s Creek/Sesame Drive Special Assessment

6. ZBA case #06-07 Herren

7. ZBA case # 01-07 Marquardt

8. Lawn Mowing Bids

9. Parking Lot Discussion

10. Sewer Backup Quotes

11. HAPRA

12. Garden Club Stipend

13. Marion Township Roads

a.) Michigan Chloride Pricing

b.) Road Improvement Estimates

14. Bond for Hometown Final Paving

15. E-mail addresses

Correspondence/ Update

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

************************************************************************************************************************

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

Bill Rogers, chairman of the Livingston County Board of Commissioners, introduced himself and said he is seeking support for the 66^th District house seat, being vacated by Chris Ward.

APPROVAL OF AGENDA

Paula Wyckoff asked to have an item on DTE Energy Tree Planting Grant added. Dave Hamann motioned to approve the agenda as amended. Paula Wyckoff seconded. Motion carried 7-0.

CONSENT AGENDA

Bob Hanvey asked to have approval of the minutes as a separate agenda item. Dave Hamann motioned to approve the consent agenda as amended. Travis Hodge seconded. Roll call vote: Hamann, Lowe, Beal, Hanvey, Wyckoff , Andersen, Hodge—all yes. Motion carried 7-0.

APPROVAL OF MARCH 13, 2008 REGULAR MEETING MINUTES

Bob Hanvey asked to have the words “public hearing” added to the agenda items on Brent Drive and Love’s Creek/Sesame Drive . Paula Wyckoff asked to have the heading on page 4 for the Parks & Recreation discussion changed to “HAPRA” and change the wording to “creating a five-year master plan” rather than updating.

FIRE DEPARTMENT BUDGET

A copy of the proposed budget is enclosed in the board packet. Bob Hanvey said the figures assume approval of the August millage. Dave Hamann motioned to adopt a resolution to approve the Howell Area Fire Authority budget for fiscal year 2008-09 as presented. Travis Hodge seconded. Roll call vote: Wyckoff , Hodge, Hanvey, Hamann, Beal, Andersen, Lowe—all yes. Resolution passed 7-0.

BRENT DRIVE SPECIAL ASSESSMENT

Bob Hanvey passed out a resolution to create the special assessment district and authorize a hearing on April 24, which will be published in the paper at least 10 days prior.

Tammy Beal motioned to adopt a resolution on Brent Drive Special Assessment District as follows:

WHEREAS, the township board of Marion Township received petitions signed by more than 50 percent of the owners of the road frontage of the proposed special assessment district described hereinafter, and accordingly, determined to proceed under the provisions of PA 188 of 1954, as amended, to provide snow removal and dust control, together with a proposed special assessment district for assessing the costs of the proposed service, and to schedule a public hearing on the Assessment Roll, and

WHEREAS, the estimated cost and proposed special assessment district were filed with the Township Clerk for public examination and notice of the hearing upon same was published and mailed in accordance with the law and statute provided as shown by affidavits pertaining thereto on file with the Township Clerk, and

WHEREAS, in accordance with the aforesaid notices, a hearing was held the thirteenth day of March 2008 commencing at 7:00 PM and all persons given the opportunity to be heard in the matter, and

WHEREAS, as a result of the foregoing, the township board believes the project to be in the best interests of the township and of the district proposed to be established therefore;

NOW THEREFORE BE IT HEREBY RESOLVED as follows:

1. That this township board does hereby determine that the petition for the Brent Drive Special Assessment District was properly signed by the record owners of the land whose road frontage constitutes more than 50 percent of the total road frontage upon the proposed improvement.

2. That this township board does hereby approve the provision of snow removal and dust control and total cost estimate of $10,000.00 per year.

3. That this township board does hereby create, determine and define as a special assessment district to be known as Brent Drive Special Assessment District within which the costs of such improvements shall be assessed according to the benefits, the following described area within said township:

Tax code numbers: 4710-19-400-009; 4710-19-400-010; 4710-19-400-012; 4710-19-400-013; 4710-19-400-014; 4710-19-400-019; 4710-19-400-021; 4710-19-400-022; 4710-19-400-023; 4710-19-400-024; 4710-19-400-026; 4710-19-400-027; 4710-19-400-028; 4710-19-400-029; 4710-19-400-030; 4710-19-400-033; 4710-19-400-034; 4710-19-400-035; 4710-19-400-036; 4710-19-400-037; 4710-19-400-038.

4. That on the basis of the foregoing, this township board does hereby direct the Supervisor and Assessing Officer to make a special assessment roll in which shall be entered all the parcels of land to be assessed together with the names of the respective owners thereof, and an estimated total amount to be assessed against each parcel of land which amount shall be the relative proportion of the whole sum levied against the parcels of land in the special assessment district as the benefit to the parcel of land bears to the total benefit to all the parcels of land in the special assessment district. When the same has been completed, the Supervisor shall affix thereto his certificate stating that it was made pursuant to this resolution and that in making such assessment roll he has, according to his best judgment, conformed in all respects to the directions contained in this resolution and the applicable state statutes.

5. That the actual amount of the assessment will be annually redetermined based on actual costs and assessed without further notice.

6. That all resolutions and parts of resolutions insofar as the conflict with the provisions of the within resolutions be and the same are hereby rescinded.

7. That the Township Clerk shall scheduled a hearing on the Assessment Roll for April 24, 2008 at 7:00 p.m,, and provide notice as required by PA 188 of 1954.

Les Andersen seconded. Roll call vote: Beal, Hanvey, Hodge, Andersen, Lowe, Wyckoff , Hamann—all yes. Resolution passed 7-0.

LOVE’S CREEK/SESAME DRIVE SPECIAL ASSESSMENT

Les Andersen motioned to adopt a resolution on Love’s Creek/Sesame Drive Special Assessment District as follows:

WHEREAS, the township board of Marion Township acting in the interest the residents of Love’s Creek and Sesame Drive and of the proposed special assessment district described hereinafter, determined to proceed under the provisions of PA 188 of 1954, as amended, to provide snow removal and salting service, together with a proposed special assessment district for assessing the costs of the proposed service, and to schedule a public hearing upon the Assessment Roll, and

WHEREAS, in accordance with the aforesaid notices, a hearing was held the thirteenth day of March 2008 commencing at 7:00 PM and all persons given the opportunity to be heard in the matter, and

WHEREAS, as a result of the foregoing, the township board believes the project to be in the best interests of the township and of the district proposed to be established therefore;

NOW THEREFORE BE IT HEREBY RESOLVED as follows:

1. That this township board does hereby approve the provision of snow removal and salting service and total cost estimate of $10,000.00 per year.

2. That this township board does hereby create, determine and define as a special assessment district to be known as Love’s Creek/Sesame Drive Special Assessment District within which the costs of such improvements shall be assessed according to the benefits, the following described area within said township:

Tax Code Numbers: 4710-16-300-009; 4710-16-300-010; 4710-16-300-011; 4710-16-300-013; 4710-16-300-014; 4710-16-300-016; 4710-16-300-018; 4710-16-300-019; 4710-16-300-021; 4710-16-300-022; 4710-16-400-001; 4710-16-400-013; 4710-16-400-014; 4710-16-400-015; 4710-16-400-016; 4710-16-400-019; 4710-16-400-037; 4710-16-400-038; 4710-20-200-005; 4710-20-200-006; 4710-20-200-024; 4710-20-200-034; 4710-20-200-036; 4710-20-200-037; 4710-20-200-038; 4710-20-200-039; 4710-20-200-040; 4710-21-100-007; 4710-21-100-008; 4710-21-100-010; 4710-21-100-014; 4710-21-100-016; 4710-21-100-017; 4710-21-100-018; 4710-21-100-021; 4710-21-100-022; 4710-21-100-025; 4710-21-100-026; 4710-21-100-028; 4710-21-100-029; 4710-21-100-030; 4710-21-100-031; 4710-21-100-032; 4710-21-100-033; 4710-21-100-034; 4710-21-100-035; 4710-21-100-036; 4710-21-100-038; 4710-21-100-039; 4710-21-100-040; 4710-21-100-041; 4710-21-100-042; 4710-21-100-043; 4710-21-100-044.

3. That on the basis of the foregoing, this township board does hereby direct the Supervisor and Assessing Officer to make a special assessment roll in which shall be entered all the parcels of land to be assessed together with the names of the respective owners thereof, and an estimated total amount to be assessed against each parcel of land which amount shall be the relative proportion of the whole sum levied against the parcels of land in the special assessment district as the benefit to the parcel of land bears to the total benefit to all the parcels of land in the special assessment district. When the same has been completed, the Supervisor shall affix thereto his certificate stating that it was made pursuant to this resolution and that in making such assessment roll he has, according to his best judgment, conformed in all respects to the directions contained in this resolution and the applicable state statutes.

4. That the actual amount of the assessment will be annually redetermined based on actual costs and assessed without further notice.

5. That all resolutions and parts of resolutions insofar as the conflict with the provisions of the within resolutions be and the same are hereby rescinded.

6. That the Township Clerk shall schedule a hearing on the Assessment Roll for April 24, 2008 at 7:00 P.M., and provide notice as required by PA 188 of 1954.

Dave Hamann seconded. Roll call vote: Hanvey, Lowe, Wyckoff , Beal, Hamann, Hodge, Andersen—all yes. Resolution passed 7-0.

ZBA CASE #06-07—HERREN

Bob Hanvey passed out a letter from the Herren’s attorney regarding this ZBA case. Mr. Hanvey feels the attorney doesn’t understand all of the ordinance violations that exist. The township attorney has suggested proceeding with the normal ordinance violation process and to have the Herren’s come before the board for a show cause hearing. Dave Hamann asked why the ZBA didn’t make a decision. Mr. Hanvey will contact Donna Zalewski from ITC (AI #1.) Tammy Beal motioned to have the zoning administrator send a notice to the Mr. and Mrs. Herren for a show cause hearing to be held on April 24, 2008 . Travis Hodge seconded. Motion carried 7-0.

ZBA CASE #01-07—MARQUARDT

Tammy Beal motioned to have the zoning administrator send a notice to Mr. Marquardt for a show cause hearing to be held on April 24, 2008 . Paula Wyckoff seconded. Motion carried 7-0.

LAWN MOWING BIDS

Tammy Beal said that four bids were received for the 2008 lawn mowing services. Dan Lowe motioned to accept the bid from Jay Bird’s Lawn Care. Paula Wyckoff asked if Jay Bird’s has the ability to haul away debris from the sites. He said yes. Travis Hodge said the fall clean-up was not done last year. Les Andersen said the fall clean-up wasn’t done and he doesn’t live within the township. Mr. Andersen was emphatic that the clean-up must be done. Bob Hanvey seconded the motion. Roll call vote: Hodge—yes; Beal—no; Andersen—no; Lowe—yes; Hanvey—yes; Hamann—yes; Wyckoff —yes. Motion carried 5-2. Mr. Coup asked if the other bidders would be notified and asked to have a FOIA form to get a copy of the winning bid.

PARKING LOT DISCUSSION

Tammy Beal motioned to authorize OHM to prepare bid specifications for treatment of the parking lot, up to $500. Travis Hodge seconded. Roll call vote: Lowe, Wyckoff , Hamann, Hodge, Andersen, Beal, Hanvey—all yes. Motion carried 7-0.

SEWER BACKUP QUOTES

Dan Lowe motioned to select Option 3 at $75,000 per occurrence/$100,000 annual aggregate/$2,500 per claimant limit, with an additional premium of $1,500. Tammy Beal seconded. Discussion: Bob Hanvey said $1,500 would be transferred from the Sewer Maintenance Fund to the General Fund. Roll call vote: Hamann, Lowe, Beal, Hanvey, Wyckoff , Andersen, Hodge—all yes. Motion carried 7-0.

HAPRA

A copy of the changes to the Articles of Incorporation is included in the board packet. Paula Wyckoff said comments can be emailed to her or Deb Mikula.

GARDEN CLUB STIPEND

Tammy Beal motioned to give the Garden Club a $250 stipend to be used for the township hall. Paula Wyckoff seconded. Roll call vote: Wyckoff , Hodge, Hanvey, Hamann, Beal, Andersen, Lowe—all yes. Motion carried 7-0.

TOWNSHIP ROADS

A letter from Steve Wasylk is included in the board packet. Dan Lowe said that 23A limestone is unacceptable; it should be 21AA. Dan Lowe and Jack Lowe will go with Les Andersen to the Livingston County Road Commission (AI #2.) Les Andersen said that overlay prices are needed before a decision can be made.

Tammy Beal reported that Michigan Chloride revised the price for the dust control material from 16.5 cents per gallon to 16 cents per gallon.

Board members discussed focusing on Norton and County Farm Roads.

BOND FOR HOMETOWN VILLAGE OF MARION FINAL PAVING

An email from the township attorney is included with the board packet. The attorney has advised that the township can withhold land use permits until the developer finishes the paving. The township needs to determine which roads are done. Dan Lowe motioned that the township will withhold land use permits for construction of new residences until the developer furnishes a bond for payment for Phase II A&B. Dave Hamann seconded. Motion carried 7-0.

EMAIL ADDRESSES

The board members discussed options for email addressed for the trustees. It was decided to use numbers to identify trustees, i.e., Les Andersen will be trustee1@mariontownship.com, Dave Hamann will be trustee2@mariontownship.com, Travis Hodge will be trustee3@mariontownship.com, and Dan Lowe will be trustee4@mariontownship.com.

DTE ENERGY TREE PLANTING GRANT

Dan Lowe motioned to adopt a resolution allowing the township to apply for a grant and accept money for trees from DTE Energy. Les Andersen seconded. Roll call vote: Hanvey, Lowe, Wyckoff , Beal, Hamann, Hodge, Andersen—all yes. Resolution passed 7-0.

CORRESPONDENCE/UPDATES

An email was passed out from Greg Tatara regarding pump station run times. A letter from Mike Kehoe was sent to Connie Michaud regarding the tower. Bob Hanvey reported the township is no longer part of NPDES Phase II. An email was sent to the Howell Schools regarding busses in the parking lot. Bob Hanvey said a workshop entitled “Bridges Out of Poverty” will be held May 6-7. Mr. Hanvey also reported that there are two watershed workshops coming up.

FOR THE GOOD OF THE TOWNSHIP

Jack Lowe asked about the D-19 water problems. Bob Hanvey said he believes it’s a violation of the zoning ordinance. An unmarked culvert was blocked on the east side of D-19, north of Davis Road . Jack Lowe said he talked with the Drain Commission and the records they have show it’s a public drain. The LCDC can notify the owner and give him five days to correct the situation. Bob Hanvey said he’s been trying to get in touch with Tom Kohloff from the MDEQ.

Jack Lowe said the Planning Commission held a joint meeting with the City of Howell to discuss the D-19 corridor. There is interest in forming a joint Planning Commission with the city on a limited basis. Mr. Lowe said the township has no mobile home park designation since that property was annexed to the city. It’s possible that some type of agreement could be worked out with the city. There was discussion about a pedestrian access from I-96 south. Mr. Lowe asked the board if there were any other issues they would be interested in incorporating.

Travis Hodge motioned to authorize John Lowe to explore a joint planning venture with the City of Howell . Dan Lowe seconded. Motion carried 7-0.

Bob Hanvey said the governor signed PA 33 of 2008, Planning Enabling Act, and he will pass out a copy at the next meeting.

Dan Meisler from the Livingston County Press & Argus said he is leaving the paper and a new reporter will be assigned.

CALL TO THE PUBLIC

None.

ADJOURNMENT

Dave Hamann motioned to adjourn the meeting at 9:00 p.m. Les Andersen seconded. Motion carried 7-0.