The Delhi Charter Township Board met in a regular meeting on Tuesday, February 3, 2004 in the Multipurpose Room at the Community Services Center, 2074 Aurelius Road, Holt, Michigan. Supervisor Stuart Goodrich called the meeting to order at 7:30 p.m.

Members Present: Supervisor Stuart Goodrich, Clerk Evan Hope, Treasurer Harry Ammon, Trustees Marsha Bowers, Steve Anderson, Paul Krepps, Roy Sweet

Others Present:

John Elsinga, Twp. Mgr.
Robert Scheuerman, P.E., Twp. Engineer
Sandra Diorka, POTW Superintendent
Steve Hudson, Assessor
Donna Krips, Sr. Zoning Administrator, McKenna Associates, Inc.
Tricia Vander Ploeg, Administrative Secretary/Deputy Supervisor
Amy Finch, Records Coordinator
Barbara Prater, Assistant Twp. Clerk/Recording Secretary

A Voice Poll was recorded as follows: All Ayes

A Roll Call Vote was recorded as follows:

Ayes: Sweet, Ammon, Anderson, Bowers, Goodrich, Hope, Krepps

Includes the following to be reimbursed from separate bank accounts:

A Roll Call Vote was recorded as follows:

Ayes: Ammon, Anderson, Bowers, Goodrich, Hope, Krepps, Sweet

Supervisor Goodrich recognized journalism students in the audience from Michigan State University.

A Voice Poll was recorded as follows: All Ayes

The Board reviewed a memorandum dated January 30, 2004 from Supervisor Goodrich (ATTACHMENT I).

A Roll Call Vote was recorded as follows:

Ayes: Anderson, Bowers, Goodrich, Hope, Krepps, Sweet, Ammon

The Board reviewed a memorandum dated January 30, 2004 from Supervisor Goodrich (ATTACHMENT II).

A Roll Call Vote was recorded as follows:

Ayes: Bowers, Goodrich, Hope, Krepps, Sweet, Ammon, Anderson

Robert Scheuerman, P. E., Twp. Engineer, used Power Point computer software to give his 2003 Engineering Department annual report.

The Board reviewed a memorandum dated January 27, 2004 from Twp. Mgr. Elsinga (ATTACHMENT III).

A Roll Call Vote was recorded as follows:

Ayes: Goodrich, Hope, Krepps, Sweet, Ammon, Anderson, Bowers

The Board reviewed a memorandum dated January 27, 2004 from Twp. Mgr. Elsinga (ATTACHMENT IV).

Twp. Mgr. Elsinga commented that the amendments to Policy No. 106 include collection capabilities through a third-party collection agency and the HIPPA Privacy Notice for Ambulance Service.

A Roll Call Vote was recorded as follows:

Ayes: Hope, Krepps, Sweet, Ammon, Anderson, Bowers, Goodrich

The Board reviewed memorandums dated January 27, 2004 from Twp. Mgr. Elsinga and December 29, 2003 from Fire Chief Rick Royston (ATTACHMENT V).

A Roll Call Vote was recorded as follows:

Ayes: Krepps, Sweet, Ammon, Anderson, Bowers, Goodrich, Hope

The Board reviewed memorandums dated January 28, 2004 from Twp. Mgr. Elsinga, January 27, 2004 from Steve Hudson, Assessor, and a letter dated January 16, 2004 from Twp. Atty. J. Richard Robinson (ATTACHMENT VI).

Steve Hudson, Assessor, commented that at a previous Twp. Board meeting (12/16/03), the Twp. Board approved accepting the State of Michigan grant (in the amount of $150,700) to provide personal property audit services subject to a matching contribution from Ingham County. The Ingham County Board of Commissioners, at their February 2, 2004 meeting, approved sharing in the cost of the personal property audit services. Funding for the audit services would be provided by the State of Michigan in the amount of a $75,350 grant, by Ingham County in the amount of $37,675, and the remaining $37,675 from Delhi Township.

Trustee Bowers asked what other vendors were contacted besides Tax Management Associates, Inc. Mr. Hudson responded that there were six vendors on the approved State of Michigan list of vendors, and he made contact with all six vendors. Three of the six vendors responded, which included Tax Management Associates, Inc., Birmingham, MI; Turner Business Appraisers, and Mendola & Associates, LLC. Of those three, after reviewing their qualifications and discussions with the Ingham County Equalization Director, it was determined that Tax Management Associates, Inc. (TMA) had the most experience and staff to complete the audit by the September 30, 2004 deadline.

Trustee Anderson asked if all three bids came in at the same price. Mr. Hudson responded that all three bids were not the same price. TMA was the highest bid, and then the other two vendors were within about $10,000 of that. Mr. Hudson commented that Turner Business Appraisers is located in N. Carolina with a staff of three. Turner Business Appraisers does not have an office in Michigan. Although Turner Business Appraisers assured Mr. Hudson that they could do the job, it was felt that they would be stretching themselves. The main office of Mendola & Associates, LLC is out-of-state, but they do have an office in Birmingham, MI.

Trustee Bowers asked about the additional cost that the Township would be assuming for attorney fees in the event of any appeals, etc. Mr. Hudson responded that as part of the contract, TMA is required to represent the Township for any appeals before the State Tax Commission, and mileage and expenses are included in the contract. Mr. Hudson commented that he had the Twp. Attorney review the contract before it was presented to the Twp. Board, and that review is not included in the cost of the contract.

Trustee Anderson referred to Page 4, Paragraph 2. F. - Cost & Payment for Audit Services, of the proposed contract with TMA which states, "All legal cost involving appeals resulting from an audit shall be the responsibility of the Township…" Trustee Anderson expressed concern that the Township may end up spending more than its one-fourth of the grant. Mr. Hudson commented that if there are any additional costs, TMA is going to be representing the Township as far as how the audits were done throughout the entire appeals process; if necessary. If a property owner appeals an assessment, it goes before the State Tax Commission, which is different from the State Tax Tribunal. The State Tax Tribunal is a more formal court setting. Trustee Anderson asked if an appeals case could go beyond the State Tax Commission and Treasurer Ammon responded in the affirmative.

Trustee Krepps asked if all three vendors are on the state’s approved list of vendors, and Mr. Hudson responded in the affirmative. Trustee Krepps commented that the Township could save a considerable amount of money by going with one of the other state approved vendors, and he asked about Turner Business Appraisers who submitted a lower bid. Mr. Hudson responded that Turner and Mendola have not performed any personal property audits in the State of Michigan, and TMA has. Trustee Krepps asked if Michigan laws are especially unusual that it would make it difficult for someone to come in and perform a personal property audit. Mr. Hudson responded that, as part of the grant program, the person has to be a Certified Personal Property Examiner in the State of Michigan. Mr. Hudson commented that he does not believe that a qualified person would have trouble obtaining the certification. Mr. Hudson further commented that Mr. Turner successfully took his examine in December 2003. Mr. Hudson also commented that TMA has over 35 Certified Michigan Personal Property Examiners on staff.

Trustee Bowers commented that since the auditing firm would be submitting invoices on a monthly basis, would it be possible that the cost may not equal the full amount of the contract. Mr. Hudson responded that the $150,700 is a not-to-exceed dollar amount, which is based on 172 audits. However, with the way TMA has their fees staggered, i.e.; if a business has two locations, it may be possible to put those two together; therefore, it is possible that the cost could be lowered.

Trustee Bowers asked about the September 30, 2004 deadline, and Mr. Hudson responded that September 30^th is the end of the state fiscal year, and the grant money is only good for one year.

A Roll Call Vote was recorded as follows:

Ayes: Sweet, Ammon, Goodrich, Hope

Nays: Anderson, Bowers, Krepps

The Board reviewed memorandums dated January 26, 2004 from Twp. Mgr.

Elsinga and January 23, 2004 from Robert Scheuerman, P. E., Twp. Engineer (ATTACHMENT VII).

A Roll Call Vote was recorded as follows:

Ayes: Ammon, Anderson, Bowers, Goodrich, Hope, Krepps, Sweet

The Board reviewed a memorandum dated January 30, 2004 from Treasurer Harry Ammon (ATTACHMENT VIII).

Treasurer Ammon spoke about Smith Barney’s Treasury Inflation Protection Securities (TIPS). Smith Barney would invest money only in Treasury Funds at 4¼% interest rate compared to .8% interest rate that the Township is currently paying at the bank. The Township auditor reviewed TIPS to see if it meets with Public Act 20, which is the State of Michigan investing regulation, and TIPS does meet those requirements. Therefore, the Township could use TIPS to improve its earnings over the next few years. Trustee Bowers asked about the insurance, and Treasurer Ammon responded that it is not FDIC insured, but it is U. S. Treasury Notes. Trustee Krepps asked if the Township could invest more than $100,000 at one time, and Treasurer Ammon responded that he would like to invest $2 million. Supervisor Goodrich asked how often Treasurer Ammon would report on the TIPS investment. Treasurer Ammon responded that he would make quarterly reports as soon as the Township starts investing money and receiving investment reports from Smith Barney.

A Roll Call Vote was recorded as follows:

Ayes: Anderson, Bowers, Goodrich, Hope, Krepps, Sweet, Ammon

The Board reviewed the recommendation of the Planning Commission.

A Roll Call Vote was recorded as follows:

Ayes: Bowers, Goodrich, Hope, Krepps, Sweet, Ammon, Anderson

The Board reviewed the recommendation of the Planning Commission.

Trustee Krepps commented that he is opposed to this rezoning because Township staff and the Planning Commission found elements to this rezoning that are not in conformance with the Comprehensive Development Plan.

A Roll Call Vote was recorded as follows:

Ayes: Goodrich, Hope, Ammon, Anderson

Nays: Krepps, Sweet, Bowers

The Board reviewed the recommendation of the Planning Commission.

Trustee Bowers referred to Page 3 of the staff report (on file in the Clerk’s Office) that states "…that the existing land use shall become a nonconforming use under ordinance requirements following implementation of a rezoning action," and Trustee Bowers commented that it was her understanding that the Township was not going to rezone any more if it resulted in nonconforming activity. Donna Krips, Sr. Zoning Administrator, McKenna & Associates, commented that there is an existing single-family home on the property that cannot meet the current zoning if it is rezoned, but the developer wants to remove the house and make it commercial. Therefore, until the developer removes the house, it will be legal nonconforming and it could continue to be used under the current zoning.

Richard Cooley, Landscape Architect/Planner, representing the applicant, commented that the buildings on Parcel C are the old farmstead buildings, which are all vacant. The proposal is to rezone from the current Agricultural Zoning to C-1 Zoning, which is in compliance with the future land use map.

A Roll Call Vote was recorded as follows:

Ayes: Hope, Krepps, Sweet, Ammon, Anderson, Bowers, Goodrich

The Board reviewed the recommendation of the Planning Commission.

Donna Krips, Sr. Zoning Administrator, McKenna & Associates, commented that Mr. Kitsmiller has a building on the front of the site, and he is asking for rezoning of the back parcel, which he is in the process of purchasing. The purchase agreement is contingent upon the rezoning of Parcel A. Mr. Kitsmiller would be expanding his business on the site.

Rob Lewis, Timberland Real Estate, consultant for the applicant, commented that Mr. Kitsmiller is in RV sales and his existing lot is too crowded to store all of the vehicles. Mr. Kitsmiller plans to construct a new building on the site and needs the contiguous property in order to store the vehicles once the new building is constructed.

A Roll Call Vote was recorded as follows:

Ayes: Krepps, Sweet, Ammon, Anderson, Bowers, Goodrich, Hope

The Board reviewed the recommendation of the Planning Commission.

Donna Krips, Sr. Zoning Administrator, McKenna & Associates, commented that the applicant was granted a variance by the Zoning Board of Appeals to increase the size of their sign (for parcel 33-25-05-01-100-028, 3960 Patient Care Drive) with the condition that the applicant apply for rezoning to C-2, General Business. Ms. Krips further commented that after the Planning Commission’s review, it was concluded that the uses and everything on the site was compatible with the C-2 zoning request.

Ted Jones, representing the applicant Brandon Kaufman, spoke about the need to increase the size of their sign to hold all of the doctor’s names.

Supervisor Goodrich asked if the new road is going to be extended. Mr. Jones responded that the road is going to be extended in the next phase, after one more building is constructed. The road will loop back to Pine Tree Rd. with all the improvements; sewer, water, and streetlights.

A Roll Call Vote was recorded as follows:

Ayes: Sweet, Ammon, Anderson, Bowers, Goodrich, Hope, Krepps

The Board reviewed the recommendation of the Planning Commission.

Donna Krips, Sr. Zoning Administrator, McKenna & Associates, commented that it is her understanding that the DEQ Permit was received today in the Township Manager’s Office. Ms. Krips further commented that she called John Skubinna, DEQ District Representative, who confirmed that he walked the entire site, and the only area of intrusion on the wetland is in the northwestern corner.

Discussion was held on Condition No. 6 of the motion, and Trustee Bowers asked about the wetlands. Rob Lewis, Timberland Real Estate, and consultant for the applicant, responded that the wetlands that have been identified by the DEQ are within the 30’ buffer zone. There are no wetlands outside of the buffer area.

A Roll Call Vote was recorded as follows:

Ayes: Ammon, Anderson, Bowers, Goodrich, Hope, Krepps, Sweet

The Board reviewed the recommendation of the Planning Commission.

Clerk Hope commented that this is the PUD that the Township Board previously requested come before them at the first consideration rezoning (Zoning Case No. 03-752, Dec. 16, 2003 Board mtg.). Clerk Hope further commented that the Planning Commission put the conditions on this SUP because they wanted to see more specifics on the gardens and playgrounds, etc. rather than leave it up to the Homeowner’s Association to develop them.

Trustee Krepps asked for clarification on the vegetative buffers and pedestrian circulation system. Donna Krips, Sr. Zoning Administrator, McKenna & Associates, responded that the applicant has not submitted the site plan drawings yet. The PUD is just considered a Special Use Permit (SUP) under the Zoning Ordinance. This is the first step in getting the site plan approved.

Richard Cooley, Landscape Architect/Planner, representing the applicant, commented that a final development plan was submitted for the PUD, which is required in the Zoning Ordinance for the Special Use Permit application. The final PUD plan, although it is not a site plan, is suppose to comply with the site plan review requirements, which it does. Mr. Cooley further commented that they were very specific about noting on the PUD plan, in terms of the pedestrian circulation, that there are sidewalks proposed along both sides of all the streets, both public and private. There are two playgrounds and specific pedestrian pathway routes shown in the central open space core area. Mr. Cooley also commented that they are opposed to pedestrian circulation in all of the common open space areas, because it would put pathways behind many of the houses, and some of the homeowners may not want them behind their house.

Trustee Krepps commented that he believes it would be difficult to enforce Condition No. 2 of the motion because the word "substantial" could be interpreted in different ways. Trustee Anderson commented that last year when he was on the Planning Commission, they addressed about four of these types of projects, and the Planning Commission purposely left it vague, because the homeowners that come in may not all have 20-year olds or two-year olds; therefore, they left it up to the homeowners association to decide what types of amenities they want. Mr. Cooley commented that they noted in the text of their submission that the open space buffer areas adjacent to all of the building sites could be developed using the criteria that the zoning ordinance has for green belt areas, which requires a certain number of trees and shrubs per 100 lineal feet. Mr. Cooley further commented that the applicant would be willing to provide a typical landscape plan for the buffer strip at the final site plan approval process for the first phase of the development, which could be used as a guideline for all of the lots that would back up to that type of buffer area.

Mr. Cooley also commented that the applicants have four points to comment on relative to the language of the motion. The first point, which has already been addressed, was to include the SUP number in the motion. Second, the applicant believes that the motion should include the term "final development plan for PUD dated 10/24/03 as submitted. Third, add the words "and bylaws" after the words master deed in Condition No. 1 of the motion, because it is the bylaws that addresses performance type standards that each homeowner would be required to comply with. Fourth, strike the word "substantial" from Condition No. 2, because the landscaping for the buffer areas and pedestrian circulation is already defined, and the word "substantial" is undefined and leaves it open to interpretation.

Ms. Krips commented that she concurs with including the words "and bylaws" and striking out the word "substantial". However, she is concerned about adding the term "final development plan for PUD dated 10/24/03 as submitted, because it may be limiting the Planning Commission’s ability to change the plan based on the reports that come in from the underlying agencies; i.e. Ingham County Drain Commission, Ingham County Road Commission, etc. Basically, the SUP allows the applicant to develop it as a PUD with 168 single-family residential units based on the zoning that the Twp. Board approved earlier this evening, and how they configure those units on the site may be determined by other issues than what is in the final development plan dated 10/24/03.

A Roll Call Vote was recorded as follows:

Ayes: Anderson, Bowers, Goodrich, Hope, Krepps, Sweet, Ammon

A Roll Call Vote was recorded as follows:

Ayes: Anderson, Bowers, Goodrich, Hope, Krepps, Sweet, Ammon

The Board reviewed a memorandum dated January 16, 2004 from Twp. Clerk Evan Hope (ATTACHMENT IX).

Clerk Hope commented that the application for a new On-Premise Class C Liquor License was before the Twp. Board once before (9/2/2003) subject to final inspections, and those final inspections were made today and passed.

Leo Urban, applicant, commented that 2 Feathers Road House is tentatively going to open February 19, 2004. 2 Feathers Road House will have a private meeting room and a courtesy vehicle to pick-up and take patrons home.

Trustee Anderson commented that he would be abstaining on the motion because Mr. Urban is one of his clients.

A Voice Poll was recorded as follows: All Ayes

A Roll Call Vote was recorded as follows:

Ayes: Bowers, Goodrich, Hope, Krepps, Sweet, Ammon

Abstain: Anderson

Supervisor Goodrich announced that he intends to run for Delhi Township Supervisor (Primary Election on Tuesday, August 3, 2004 and General Election on November 2, 2004).

Supervisor Goodrich, for informational purposes, distributed a letter dated January 26, 2004 from the State of Michigan, Department of Labor & Economic Growth relative to the International Association of Fire Fighters (ltr. on file in Manager’s Office).

A meeting has been scheduled with Congressman Mike Rogers for February 20, 2004 at 1:30 p.m. at the office of Congressman Rogers, 1327 E. Michigan Ave., Lansing. The purpose of this meeting is to present the S. Cedar Street Corridor Plan to Congressman Rogers. Those planning to attend the meeting include: Supervisor Goodrich, Clerk Hope, Trustee Krepps, Twp. Mgr. Elsinga, Robert Scheuerman, P. E., Twp. Engineer, and Al McFadyen, DDA Exec. Dir.

The Lansing Chamber of Commerce is holding their 92^nd annual dinner at the Holiday Inn, South on February 26, 2004 at 5:00 p.m. The DDA has a table reserved and they have four tickets available for anyone interested in attending this event.

A joint meeting is scheduled for the Delhi Township Board and the Holt Public Schools Board of Education on Wednesday, March 10, 2004 at 6:00 p.m. at the Holt High School 9^th Grade Campus, 5780 W. Holt Rd.

Supervisor Goodrich reported that he and Trustee Anderson will be attending a meeting

on the S. Cedar Street Corridor Project on February 5, 2004.

Supervisor Goodrich reported that Vicki Harrison, Chief Deputy, Ingham County Sheriff’s Office, submitted a revised summary of the 2003 calls for service for the on-premises liquor license establishments in Delhi Township.

To date the Treasurer’s Office has collected $17,610,000 in winter 2003 property taxes. Of the $17,610,000 Delhi Township collected $1,514,000 and the DDA collected $1,307,000. The due date for the winter taxes is February 17, 2004, which is the last date without penalty and interest. However, the Treasurer’s Office will continue to collect the winter 2003 property taxes until March 1, 2004.

Treasurer Ammon reported that he will be out of town for the February 10, 2004 Committee of the Whole – Public Services meeting, and Trustee Sweet commented that he may also be absent from the February 10^th meeting.

Trustee Krepps reported that he attended the January 2004 MTA Annual Education Conference at the Lansing Center.

Trustee Anderson asked about the filing deadline for running for Township Office. Clerk Hope responded that the filing deadline is May 11, 2004. Nominating petition packets are available in the Clerk’s Office.

Trustee Sweet commented that he received his last two Board agenda packets via E-mail from Clerk Hope without any trouble. Trustees Anderson and Bowers commented that they received the Clerk’s E-mail; however, the Board packet was not attached. Clerk Hope commented that he thinks the reason that Trustees Anderson and Bowers did not receive their Board packet was because their E-mail doesn’t allow for attachments over a certain size. Clerk Hope commented that the E-mail attachment was a scanned version that he sends to Department Heads, and that it was sent to the Trustees so they could become familiar with it, because it is similar to what will be used when the Township goes to paperless Board agenda packets in the future.

Trustee Bowers asked who is serving on the National Citizens Survey Task Force. Supervisor Goodrich provided Trustee Bowers with a list of people who are serving on the Task Force, which includes:

John Elsinga, Twp. Mgr.
Stuart Goodrich, Twp. Supervisor
Evan Hope, Twp. Clerk
Paul Krepps, Trustee
Al McFadyen, DDA Exec. Dir.
Art Brokenshire III, Parks Commission
Mark Jenks, Dir. of Parks & Rec.
John Drolett, Bd. of Review/Sewer Bd. of Appeals
Sally Rae, DDA Board
Paul Rankin, Zoning Board of Appeals
Jane Wallin, Parks Commission
Roger Donaldson, Planning Commission/Zoning Board of Appeals

The Board reviewed a request for 2004 Budget Transfer – General Fund (ATTACHMENT X). The transfer includes $5,000 from Capital Outlay – Equipment to Fire Equipment & Supplies. Twp. Mgr. Elsinga commented that it is anticipated that the Township’s new BS&A Software will enable staff to make proactive budget adjustments.

Twp. Mgr. Elsinga distributed a letter dated February 3, 2004 from Jason Coker, Dir.

of Accounting, summarizing the FY ending Dec. 31, 2003 General Fund Budget (ATTACHMENT XI).

Twp. Mgr. Elsinga commented that of the $150,324 excess of expenditures over revenues, approximately $91,800 will be taken from the Surplus Drain Fund Balance and approximately $58,600 will come from Undesignated Fund Balance. This leaves the General Fund with an undesignated fund balance of approximately $3,132,000 at December 31, 2003.

Twp. Mgr. Elsinga referred to the second page of the letter under revenue sharing, and he commented that the estimated 2004 Fiscal Year End amount of $1,930,000 is the amount prior to the recent announcement that the Township would continue to have more cuts in this area.

Twp. Mgr. Elsinga reported that the National Citizens Survey Task Force met on January 7 and January 13, 2004. Twp. Mgr. Elsinga distributed a copy of the January 13^th minutes (on file in the Clerk’s Office), which includes 11 policy questions/issues that were suggested by the Task Force for the citizens survey. The 11 policy questions/issues were submitted to the National Research Center for editing, and Twp. Mgr. Elsinga received the edited questions back today, February 3, 2004. Supervisor Goodrich asked the Board to review the questions and submit their comments on the questions to Tricia Vander Ploeg by Friday, February 6, 2004.

(Trustee Krepps left the meeting at 9:29 p.m.)

A Voice Poll was recorded as follows: All Ayes

Absent: Krepps

Meeting adjourned at 9:33 p.m.