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MARION
TOWNSHIP
AGENDA and DRAFT MINUTES
May 12,
2005
CALL
TO ORDER:
MEMBERS
PRESENT:
MEMBERS
ABSENT:
CALL
TO THE PUBLIC:
APPROVAL
OF AGENDA: May
12, 2005
APPROVAL
OF MINUTES FOR:
April 14, 2005 - Regular Board Minutes
May 9, 2005 - Ways & Means Minutes
OLD
BUSINESS:
1. Recreation Authority
2. Radick Show Cause
3. REU's for the High School
4. Eagle REU's
5. Employee Expense Procedure
6. Cell Tower Lease
7. Marion Township Roads
8. Sewer Data
9. Irrigation
10. Peavy Force Main
NEW
BUSINESS:
1. Proposed Text Amendment 6.20 E 1
2. Proposed Text Amendment 6.24
3. Copperfield Villas Site Plan Review
4. Meadows West Site Plan Review
5. Clark Hill Invoice
6. Mr. Lover Discussion (Lucy Road)
PLANNING
COMMISSION REPORT
PARKS
& RECREATION REPORT
ZBA
REPORT
ZONING
ADMINISTRATOR REPORT
DPW
REPORT
TREASURER'S
REPORT
FOR
THE GOOD OF THE TOWNSHIP
CALL
TO PUBLIC:
ADJOURNMENT:
Draft
minutes
MEMBERS PRESENT:
Bob Hanvey
, Sue Lingle, Dan Lowe,
Dave Hamann
, and Tammy Beal
MEMBERS
ABSENT:
None
OTHERS
PRESENT:
Phil Westmoreland, OHM, Township Engineer
CALL TO ORDER
Bob Hanvey
called the meeting to order at
7:40 p.m.
PLEDGE TO FLAG
BOARD MEMBERS PRESENT
The board members introduced themselves.
None.
APPROVAL OF AGENDA
APPROVAL OF MINUTES
Board of Trustees Regular Meeting,
April 14, 2005
Sue Lingle motioned to approve the minutes as presented.
Dave Hamann
seconded. Motion carried 5-0.
Ways & Means Meeting,
May 9, 2005
Dave Hamann
motioned to approve the minutes as presented.
Sue Lingle seconded. Motion
carried 5-0.
OLD BUSINESS
Recreation Authority
Sue Lingle asked Eric Reickel, the interim director for
Howell Parks & Recreation, to attend and answer any questions
the board members might have.
Dave Hamann
had a question on page 12 regarding the
Marion
Township
hall open space,
the Sundance parcel open and the Knolls.
Sue Lingle said they will not be part of the authority, and has asked
for that to
be taken out. Mr.
Reickel said a final copy would be sent with a cover letter for the
board’s review. Once all
municipalities agree, the articles will be published jointly.
Bob Hanvey
asked if public hearings needed to be held.
Mr. Reickel said the procedure is to publish the articles.
A public hearing was held on the strategic plan.
Mr. Hanvey
asked if there’s a period for public comment.
Mr. Reickel said that isn’t addressed.
Sue Lingle said those are questions
the board can ask the township attorney.
Mr. Reickel said he would get answers to those questions.
Dan Lowe motioned to table this item until the June meeting.
Dave Hamann
seconded. Motion carried 5-0.
Radick Show Cause Hearing
The Radicks were not present for the hearing.
Call to the Public
David Lynch, 3300 Dutcher Road:
Mr. Lynch asked the Board’s permission to play a short audiotape.
Mr. Lynch said
on
April 4, he was working inside his home with the windows open.
The noise started as just one dog barking for 20
minutes.
Tammy Beal asked what time of day it was.
Mr. Lynch said it was approximately
10:00 pm
. Mr. Lynch said
from
behind the Radick’s barn to his office window is about 1000 feet west.
Mr. Lynch played the tape of the dogs
barking
and howling. Mr. Lynch said this is just an example of one event.
Mr. Hanvey asked Mr. Lynch if his equipment provides
information on the decibel level. Mr.
Lynch said the decibel level at
his house is 42 decibels.
The most recent recording he made was last week.
The nuisance is the frequency and the times
rather than the intensity of the sound.
Mr. Hanvey asked if the neighbors had noticed any change since last
Saturday.
Mr. Goers said the noise woke him up two nights ago.
Mr. Hanvey said the Radicks put up stockade fence around the
dog area. Mr.
Lynch said that stockade fencing isn’t a sound barrier.
Mark Reizen, 3210 Dutcher:
Mr. Reizen said he is concerned about Mr. Hanvey’s comment that he
didn’t record
anything.
It’s irrelevant whether Mr. Hanvey recorded anything.
This is a show cause hearing and the board is charged
with carrying forward.
It’s not up to the people who are complaining that there’s a
nuisance to show that there’s a
nuisance; it’s up to the
Radicks to step forward and show cause—they have the burden of proof, just
like in a court.
The Radicks aren’t even
here tonight. Mr. Hanvey said
Mrs. Radick was at Monday’s meeting. Mr.
Reizen said he
doesn’t care if she was
here Monday. Tonight is the
scheduled board meeting and that’s why the neighbors are here.
The board hasn’t made the
Radicks show cause. They
haven’t met any burden of proof. Mr.
Reizen said decibel level is
irrelevant, as it is to his
neighbors. If the board
doesn’t do something, Mr. Reizen said he would.
He doesn’t believe the
board is meeting its duty to
carry forward. Mr. Reizen
provided the following dates: March
31—2:55 am to 3:40 am;
April 4—started at
9:40 pm and he doesn’t know what time they quit; April 6—12:40 am to
1:48 am and 11:30 am to 12:27 pm;
April 28—barking and
howling in the morning and night; the same on April 29; April 30—started
at 11:44 pm and went to
12:06 am.
Mr. Reizen said whatever happened on Monday is really offensive to
him, that the board is discussing township
business outside of a
meeting. Mr. Hanvey said it
wasn’t outside of a meeting; it was during a regularly scheduled
meeting.
Mr. Reizen asked why the neighbors weren’t invited.
Mr. Hanvey said they are invited to every meeting the
board has; the dates are
published annually. Mr. Reizen
said this is the meeting it’s scheduled for, not Monday.
The
board needs to do something
about it now. Its annoying Mr.
Reizen, it’s annoying his neighbors, his wife is awakened
almost every night by these
animals. These people are
looking for variances. Variances
can’t be granted except in case
of hardship.
A person can’t create their own hardship and then ask for a
variance. Mr. Hanvey said Mrs.
Radick
indicated she is going to
apply to the Planning Commission for a special use permit for a commercial
kennel.
David Lynch, 3300 Dutcher Road:
Mr. Lynch said at the last meeting he attended, the Radicks were
supposed to have
done
something to alleviate the sound by a certain date.
Something was said about enclosing the area and putting in
sound
deadening. That’s the only way
that the sound will be abated.
Mr. Hanvey again said he measured the sound with a decibel
meter during feeding time and his observations don’t
indicate a violation of the ordinance.
The Planning Commission will deal with the special use permit issue
at the time
she applies. Mr.
Lynch asked how to get in touch with the Planning Commission and refuse this
immediately.
Mr. Hanvey said the agenda is published.
She hasn’t filed yet, but the next meeting would be the fourth
Tuesday in
June. Mr. Reizen
asked what the board is doing to correct the situation.
She’s not doing anything to abate the nuisance.
Is the board saying it’s going to let the Planning
Commission worry about this? Mr.
Hanvey said his observation didn’t
indicate a violation of the ordinance.
Mr. Reizen said it doesn’t violate the decibel level—the
ordinance talks about a
nuisance. Mr.
Lynch said the decibel level isn’t the issue.
The issue is listening to these dogs howl all night long.
Mr. Reizen asked about the number of dogs.
Mr. Hanvey said that is still an issue.
One approach for that is to apply
with the Planning Commission for a commercial kennel special
use permit. Mr. Hanvey said
anyone within 300 feet of
the property line will be invited to the meeting directly.
Anyone else is welcome to come. It
will be published twice in the
newspaper. Mr.
Reizen asked if the board is making a finding that there is no nuisance
based on the tape heard tonight
and all of the complaints.
Dan Lowe said he’s pretty convinced there’s a problem.
Mr. Hanvey said he’s been by the site several times and has
never heard anything like the tape.
Mr. Lowe asked why the Radicks aren’t here.
Mr. Hanvey said Mr. Radick is out of
town and Mrs. Radick was unable to make it.
Mr. Lowe said the previous motion was that within 30
days, the Radicks would have a plan showing how they’re
going to eliminate the noise.
He said they should get rid of the additional dogs immediately or
provide the township
with an absolute plan of how they’re going to stop
the noise.
Dan Lowe motioned to contact the township attorney, provide
him with a copy of the audiotape, and have him proceed with
whatever steps are necessary to abate the sound nuisance.
Tammy Beal seconded. Motion
carried 5-0.
Bob Hanvey
said he would call Mrs. Radick on Monday and offer to play the tape for her.
Dave Hamann
asked the residents if anyone has ever filed a violation with the county.
Mr. Goers said with the
township, not the county.
Mr. Hamann said the county has a dog violation ordinance which is a
misdemeanor fine for
the individuals who are causing the nuisance.
Mr. Reizen said he’s not interested in criminal prosecution.
REUs
for High School
Phil Westmoreland attended a meeting with the engineers for
the high school, Mr. Terres and the attorneys and arrived at
54
REUs
based on the actual usage at the current high school and applying a
modifying factor for the water conserving
features installed in the new school.
It was agreed that the actual usage would be measured for two years.
The REU
count could be adjusted after two years data of actual usage.
Dan Lowe asked if it could go down.
Mr. Hanvey said yes.
Mr. Lowe said it should be able to go up, not down.
Mr. Westmoreland said the school was comfortable with that number
because they feel it’s probably going to be lower than the
initial use. Mr. Westmoreland
said he would be nervous to
recommend much above 54 at this point.
Mr. Hanvey said he would have preferred a fixed number with no
changes also,
but on the outside chance that it could go up, he thinks the
board should approve it.
Jim Barnwell said the first two years isn’t the peak flow.
He also had a concern about how the usage is averaged.
The
system should be designed for the peaks, not the average.
Mr. Westmoreland said the flow calculation is based on 180
days.
Sue Lingle motioned to table this agenda item.
Dave Hamann
seconded. Motion carried 5-0.
Eagle’s
REUs
Sue Lingle motioned to table this item until the
high school REU situation is settled.
Dave Hamann
seconded.
Motion carried 5-0.
NEW BUSINESS
Copperfield Villas Site Plan Review
Tom Dumond from Boss Engineering was present to request final
site plan approval for Copperfield Villas, and approval of
the Master Deed, Exhibit B, and private road.
There’s still an outstanding issue on the emergency access to the
west.
What he’s asking for tonight is at least approval of the
private road and tabling the site plan, Master Deed and Exhibit B.
Sue Lingle had a question about the clearing staking.
It’s supposed to be about 35 feet out from the boundary and the
staking is about 3 feet out. Tom
Dumond said it’s based on the approved construction plans, which the
surveyors are
using.
Bob Hanvey
asked Phil Westmoreland if that’s something the construction people would
monitor during clearing.
Mr. Westmoreland said yes, they will take a look at it.
Ms. Lingle said there have been mishaps before where things
have been approved, and the next thing you know, all the
trees are gone. Mr. Dumond said
there’s no problem walking the
site with township representatives.
Mr. Hanvey said when township representatives walked a site with Boss
Engineering’s
landscape architect before, and then when the contractors cut
the trees down, they were gone anyway. Dan
Lowe
suggested someone from the township, the contractor, and the
owner.
Byron Hartman from the Eagles asked about access through the
Eagle’s property. Mr. Hanvey said
it’s not through the
Eagles property, it’s at the edge—it’s 33 feet on the
Eagles property and 33 feet on the church’s property.
Mr. Hartman
asked the purpose of the access.
Mr. Hanvey said emergency access with a locked gate.
Mr. Dumond said he believes
it will be beneficial for both parties.
Mr. Hartman has concerns about the Eagles festival held each year.
He also asked
who would maintain the road. Mr.
Dumond said the association. Mr.
Hanvey said the easement restrictions aren’t going to
be changed.
The review letter from the township attorney indicated a concern
about the easement being assigned to
Mr. and Mrs. St. Onge, but there’s no documentation
showing it was assigned to Adler. The
attorney suggested that
the board could approve the project as a site
condominium and allow a land balancing permit to be issued, but not
allow any individual land use permits for single-family
homes until the easement assignment issue is resolved.
Dave Hamann
said when the Planning Commission approved the site plan, there were four
items. The third item was
that the final site plan should reflect and instruct
each individual lot owner to submit with each land use application to
the township for it’s review and approval indicating
tree preservation for each lot. Mr.
Dumond said they added a
note to the site plan, and it’s also in the Master
Deed.
Sue Lingle motioned to approve Copperfield Villas site
condominium contingent upon land use permits for individual parcels
not being issued until the assignment of the easement from
St. Onge to Adler is approved by the attorney, and the
clearing limits are agreed upon and a site visit is made, to
include the contractor who will do the clearing, the township
engineer, and a board member.
Tammy Beal seconded. Motion
carried 5-0.
Meadows West Site Plan Review
Jim Barnwell from Desine, Inc. was present to request site
plan approval for the Meadows West. This
is an expansion of
the current Meadows development.
Mr. Barnwell provided drawings for the board’s review.
Bob Hanvey
asked about
access to
Peavy Road
. Mr. Barnwell said it has been
proposed as an emergency access. Phil
Westmoreland indicated
he hasn’t seen the revised site plan, and asked Mr.
Barnwell about the rear-yard drainage. Mr.
Westmoreland was
satisfied with the changes.
Dave Hamann
motioned to approve the site plan for Meadows West condominiums contingent
upon
pre-construction walk-through to include the owner, the engineer, and a
township representative. Sue
Lingle seconded.
Motion
carried 5-0.
OLD BUSINESS (continued)
Employee Expense Procedure
Tammy Beal said the motion was originally made on
September 12, 2002
to pay members for workshop expenses but
no hourly pay, except for staff members during regular hours.
Tammy Beal motioned to pay hourly employees for
workshop expenses and to pay hourly wages up to 40 hours, and
after 40 hours in the same week, they shall be paid
overtime (time and one-half) regardless of which day of the
week the extra hours are accrued.
Dave Hamann
seconded.
Motion carried 5-0.
Cell
Tower
Lease
Bob Hanvey
reported that the township has received multiple contacts from a company
called Black Dot wanting
the township to improve the terms of the lease with
Cingular. The township also just
received an application for
Verizon to co-locate.
If the Verizon equipment can fit within the leased space that’s
already there, the township
probably won’t get any extra rent.
The application submitted by Verizon to Cingular had a conflict with
the number
of square feet they are requesting.
The cell tower probably won’t be moved, the existing lease won’t
have to be
changed, and there will probably be a co-locator.
Township Roads
Bob Hanvey
said he tried to get in touch with Jody at the Livingston County Road
Commission (LCRC) regarding the
re-evaluation
for potential tar and chip on
Cedar Lake Road
between Jewell and
Coon Lake Road
. She indicated they
wouldn’t
be able to respond for another 3 weeks.
She’s also not sure the GRIP money can be used on limestone roads.
Mr.
Hanvey will try to get an answer to that question.
The other most likely road is
Davis
, where the drainage needs
improvement.
The intersection of Vines and
Cedar Lake Road
is also a problem. Mr. Hanvey
provided copies of traffic
counts
from the LCRC.
Dan Lowe motioned to have Livingston County Road Commission
provide an estimate for ditching and gravel on
East Davis Road
from D-19 to Fisk. Sue Lingle
seconded. Motion carried 5-0.
Sewer Data
Bob Hanvey
provided a chart showing sewer flows. For
some reason, the amount of sewage delivered to the plant per
day
has been pretty consistently 30 gallons per day per person more than the
amount of water than the meter reads.
That’s
been pretty consistent for the past few years, except for the months of
January, February, and March when it goes
up
to 60 gallons per day. Mr.
Hanvey said it could be sump pumps going into the sanitary sewer, it could
be illegal
hook-ups,
it could be infiltration, or some combination of all of those things.
Dan Lowe said he believes there’s a severe
problem
in Groveland and Maple Farms. During
rain events, there are still huge spikes in those two pump stations.
It
could be infiltration in the manhole covers.
Phil Westmoreland said the manhole covers should be checked on a
routine
basis. He also said the meters
should be calibrated annually. Mr.
Westmoreland will provide additional information.
Dave Hamann
motioned to table this agenda item. Sue
Lingle seconded. Motion
carried 5-0.
Irrigation
Dave Hamann
motioned to have the rate on an irrigation REU changed to the same amount as
a standard residential REU.
Tammy
Beal seconded. Motion carried
5-0.
Peavy Force
Main
Phil Westmoreland said he has been working on the
Peavy force main situation. The
Ductile Iron Pipe Research
Association (DIPRA) has been helping out with the
problem associated with the cathodic protection system.
Mr. Westmoreland provided a copy of a letter from
DIPRA dated May 2000 indicating that 1200 feet of the pipe is
in jeopardy because of the cathodic protection
system; same thing with the water main.
This is a very big area that
may be in jeopardy.
There are some options, but none are great.
First, you have to replace both pipes with a
different type of pipe.
Another option that DIPRA had recommended at the time was sacrificial
galvanic anodes.
A third option would be to drive anodes next to the
pipe. Jim Barnwell said one
option might be to work with
Mitch Harris when his project is done.
Dave Hamann
motioned to table this item. Tammy
Beal seconded. Motion carried 5-0.
NEW BUSINESS (continued)
Proposed Text Amendments
Section 6.20 E 1:
Sue Lingle motioned to approve the text amendment for Section 6.20 E
1.
Dave Hamann
seconded.
Motion carried 5-0.
Section 6.24:
Sue Lingle motioned to approve the text amendment for Section 6.24.
Dave Hamann
seconded.
Motion carried 5-0.
Mr. Lover Discussion
Sue Lingle said Mr. Lover has been bringing material onto his
land again. She feels the board
shouldn’t continue to allow
this, and if he continues, perhaps the township should take
him back to court. Tammy Beal
said she agrees. A copy of
the court is provided in the packets.
Ms. Lingle said Mr. Lover has been “land balancing” for two
years. Dan Lowe said
he has talked with Ken Recker and Mark Hathaway from the
Drain Commission. Nothing other
than reclaiming should be
done at this point. Mr.
Hanvey said Mr. Lover has clearly violated the existing order by cutting
trees down. Now he’s
violating the existing excavation ordinance by being less
than 20 acres, by stockpiling material in the setbacks, not
putting fence up, etc.
Clark Hall Invoice
Sue Lingle motioned to approve the Clark Hall
invoice in the amount of $400.
Dave Hamann
seconded. Roll call
vote: Dan
Lowe, Tammy Beal,
Bob Hanvey
, Sue Lingle,
Dave Hamann
—all yes. Motion carried
5-0.
PLANNING COMMISSION REPORT
Dave Hamann
reported that one meeting was held on April 26.
Four ordinance amendments were sent to the county and
public
hearings were set.
PARKS & RECREATION REPORT
Provided in
packets.
ZBA REPORT
Dan Lowe reported the ZBA met on May 2 and granted variances
for Fred Brown’s
Sundance
Lake
development.
ZONING ADMINISTRATOR REPORT
Provided in packets.
DPW REPORT
Provided in packets.
TREASURER’S REPORT
Dave Hamann
motioned to accept the treasurer’s report with expenses of $72,452.88.
Tammy Beal seconded.
Motion carried 5-0.
FOR THE GOOD OF THE TOWNSHIP
Bob Hanvey
reported that land balancing has started on the township park.
CALL TO THE
PUBLIC
None.
ADJOURNMENT
Sue Lingle motioned to adjourn the meeting at
11:05 p.m.
Dave Hamann
seconded. Motion carried 5-0.
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