The Delhi Charter Township Board met in a regular meeting on Tuesday, April 6, 2004 in the Multipurpose Room at the Community Services Center, 2074 Aurelius Road, Holt, Michigan. Supervisor Stuart Goodrich called the meeting to order at 7:34 p.m.

Members Present:

Supervisor Stuart Goodrich, Clerk Evan Hope, Treasurer Harry Ammon, Trustees Marsha Bowers, Steve Anderson, Roy Sweet

Members Absent: Trustee Paul Krepps

Others Present:

John Elsinga, Twp. Mgr.
Robert Scheuerman, P. E., Twp. Engineer
Sandra Diorka, POTW Superintendent
Mark Jenks, Dir. of Parks & Recreation
Jason Coker, Dir. of Accounting
Rick Royston, Fire Chief
Al McFadyen, DDA Exec. Dir./ Dir. of Community Development
Tricia Vander Ploeg, Administrative Secretary/Deputy Supervisor
Barbara Prater, Assistant Twp. Clerk/Recording Secretary

A Voice Poll was recorded as follows: All Ayes

Absent: Krepps

A Roll Call Vote was recorded as follows:

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

Absent: Krepps

Includes the following to be reimbursed from separate bank accounts:

A Roll Call Vote was recorded as follows:

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

Absent: Krepps

Includes the following to be reimbursed from separate bank accounts:

Trustee Anderson referred to Page #8 of the Invoice Distribution Report – Invoices to be paid 3/17/2004 – 3/30/2004 under the heading "Sewage Disposal System", and he asked about the cost of the weather equipment. Twp. Mgr. Elsinga responded that a rain gauge was purchased for about $500. The weather station monitors weather conditions similar to a national weather station for information for the SCADA (System Control and Data Acquisition) system for the POTW. Sandra Diorka, POTW Superintendent, explained how the weather equipment interfaces with the SCADA System.

Trustee Bowers referred to the accounts payable invoice for McKenna Associates, Inc, and she commented that she thought the services of McKenna Associates was going to end when the Township hired the new Director of Community Development. Twp. Mgr. Elsinga responded that the position ends, but the contractual services continue in a declining sunset mode. It was always represented to Community Development that the Township would continue to provide contractual services as needed, whether it is through McKenna or others, subject to the level of activity that occurs within the community and the support services required by the Community Development Department. The Township is scheduling contractual services with McKenna Associates through mid-April 2004 to complete a few projects that McKenna Associates has been working on and to provide staff support services during the transition period.

A Roll Call Vote was recorded as follows:

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

Absent: Krepps

Billie Jo O’Berry, Candidate for 55^th District Court Judge - introduced herself to the Township Board, citizens, and students in the audience.

Frank Badalamente, 1900 Persimmon Path – commented that he would like to speak on two agenda items this evening as they are presented: Item No. 2. d), Agreement between the County of Ingham and Delhi Charter Township for Financial Assistance in conducting Personal Property Audits, and Item No. 4. a), Amendment to Delhi Twp. Ordinance No. 102, International Property Maintenance Code, 2003 Edition, Second Consideration (Proposed Twp. Ord. No. 102.4).

Supervisor Goodrich recognized two MSU journalism students in the audience.

A Voice Poll was recorded as follows: All Ayes

Absent: Krepps

Jason Coker, Dir. of Accounting, gave a Power Point presentation of his 2003 Accounting Department annual report.

Frank Badalamente, 1900 Persimmon Path – complimented Mr. Coker on his 2003 annual report.

The Board reviewed memorandums dated April 1, 2004 from Twp. Mgr. Elsinga and March 31, 2004 from Mark Jenks, Dir. of Parks and Recreation (ATTACHMENT I).

A Roll Call Vote was recorded as follows:

Ayes: Sweet, Ammon, Goodrich, Hope

Nays: Anderson, Bowers

Absent: Krepps

The Board reviewed memorandums dated April 1, 2004 from Twp. Mgr. Elsinga and March 31 2004 and July 11, 2003 from Sandra Diorka, POTW Superintendent (ATTACHMENT II).

Trustee Bowers commented that she believes that everyone needs to tighten their budget and be looking at freezing hiring positions. Treasurer Ammon commented that this is a different budget and revenue stream. Twp. Mgr. Elsinga commented that last year the Township took in $41,000 and budgeted $55,000 for this item; therefore, there is a revenue stream to support this activity.

A Roll Call Vote was recorded as follows:

Ayes: Ammon, Goodrich, Hope, Sweet

Nays: Anderson, Bowers

Absent: Krepps

The Board reviewed a memorandum dated March 25, 2004 from Twp. Mgr. Elsinga (ATTACHMENT III).

A Roll Call Vote was recorded as follows:

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

Absent: Krepps

EXHIBIT A

The Board reviewed memorandums dated March 25, 2004 from Twp. Mgr. Elsinga and Steve Hudson, Assessor (ATTACHMENT IV).

Trustee Bowers commented that she would not be voting in favor of this motion, because she believes that this would be an on-going expense for the Township.

Frank Badalamente, 1900 Persimmon Path – commented that it is his understanding that if the prerequisites are not met, then the whole burden of $150,000 would be born by the Township (the Twp. Board previously approved a contract for personal property audits with Tax Management Associates, Inc. in the amount of $150,700).

Twp. Mgr. Elsinga commented that the Township received a state grant and, under that grant, there was a list of eligible vendors to perform the personal property audits, which included Tax Management Associates, Inc. The state grant ($75,350) will take care of half the cost of the audits and the county intends to pay their share of the cost.

A Roll Call Vote was recorded as follows:

Ayes: Goodrich, Hope, Sweet, Ammon

Nays: Bowers, Anderson

Absent: Krepps

The Board reviewed memorandums dated March 11, 2004 from Twp. Mgr. Elsinga and March 4, 2004 from Dennis Larner, Code Enforcement Officer (ATTACHMENT V).

Frank Badalamente, 1900 Persimmon Path – commented that he researched the history of the Township’s Code Enforcement Ordinance No. 90 (adopted by the Township Board 6/5/1990). Mr. Badalamente also researched the history of Twp. Ordinance No. 102, International Property Maintenance Code. Mr. Badalamente spoke about the differences between the Township’s Ordinance (Ord. No. 102) and the 2003 Edition of the International Property Maintenance Code (on file in the Clerk’s Office), in particular, Section 304.3, Premises identification, which changes the size of address numbers from 3 inches high to a minimum of 4 inches high, and Section 302.8, Motor vehicles, which addresses inoperative and unlicensed motor vehicles and painting of vehicles.

Mr. Badalamente read Twp. Ordinance No. 102.1 (adopted 7/5/2000), Section 111.2, Membership of Board of Appeals, which states "The board of appeals shall consist of a minimum of five (5) members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of Delhi Charter Township. The Code Enforcement Officer shall be an ex-officio member but shall have no vote on any matter before the board. The board of appeals members shall be appointed by the Delhi Township Board of Trustees, and shall serve staggered and overlapping terms." Mr. Badalamente asked if the Township has created a Code Enforcement Board of Appeals. Tricia Vander Ploeg, Admin. Secretary/Deputy Supervisor, responded that the Township has a Building Board of Appeals, Fire Code Board of Appeals, and a Housing Advisory and Appeals Board. Supervisor Goodrich commented that Township staff would review this matter.

A Roll Call Vote was recorded as follows:

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

Absent: Krepps

The Board reviewed a memorandum dated March 29, 2004 from Twp. Mgr. Elsinga (ATTACHMENT VI).

A Roll Call Vote was recorded as follows:

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

Absent: Krepps

The Board reviewed a memorandum dated March 30, 2004 from Clerk Hope (ATTACHMENT VII).

Clerk Evan Hope commented that due to the delay in the construction of the Fraternal Order of Eagles’ new building, they are requesting a transfer of their Dance/Entertainment Permit to 2495 N. Cedar Street. Approval of Club License applications by the Township Board is not required; however, Local Legislative approval is required to transfer the location of their Dance/Entertainment Permit.

Jeff Hull, President of the Mason/Holt 3734 Fraternal Order of Eagles – commented that they had hoped to have their new building under construction by this time; however, they had to down size the building plans; therefore, the building may not be completed until the end of the year. The Mason/Holt 3734 Fraternal Order of Eagles has been meeting in Williamston since their building burned in August 2001, and they have been losing members due to the move to Williamston. They have leased the building at 2495 N. Cedar St., Cedar Park Shopping Plaza. One side of the building will be used as a meeting area and the other side will be used as a social area.

A Roll Call Vote was recorded as follows:

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

Absent: Krepps

The Board reviewed memorandums dated March 30, 2004 from Twp. Mgr. Elsinga and March 29, 2004 from Robert Scheuerman, P. E., Twp. Engineer (ATTACHMENT VIII).

A Roll Call Vote was recorded as follows:

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

Absent: Krepps

The Board reviewed memorandums dated March 31, 2004 from Treasurer Harry Ammon and March 29, 2004 from Jason Coker, Dir. of Accounting (ATTACHMENT IX).

A Roll Call Vote was recorded as follows:

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

Absent: Krepps

The Board reviewed memorandums dated March 19, 2004 from Twp. Mgr. Elsinga and March 15, 2004 from Robert Scheuerman, P. E., Twp. Engineer (ATTACHMENT X).

A Roll Call Vote was recorded as follows:

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

Absent: Krepps

The Board reviewed memorandums dated March 19, 2004 from Twp. Mgr. Elsinga and March 15, 2004 from Robert Scheuerman, P. E., Twp. Engineer (ATTACHMENT XI).

A Roll Call Vote was recorded as follows:

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

Absent: Krepps

The Board reviewed memorandums dated March 25, 2004 from Twp. Mgr. Elsinga and March 23, 2004 from Robert Scheuerman, P. E., Twp. Engineer (ATTACHMENT XII).

A Roll Call Vote was recorded as follows:

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

Absent: Krepps

The Board reviewed the recommendation of the Planning Commission.

A Roll Call Vote was recorded as follows:

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

Absent: Krepps

The Board reviewed the recommendation of the Planning Commission.

A Roll Call Vote was recorded as follows:

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

Absent: Krepps

The Board reviewed the recommendation of the Planning Commission.

Clerk Hope commented that this is the zoning case that was sent back to the Planning Commission for them to review the densities, and two sub-committee meetings were held in which they did that. The density issue was then sent back to the Planning Commission for discussion, and the Planning Commission passed the proposed Amendment to Zoning Ord. 39, specifically Section 5.23. Clerk Hope further commented that the major changes to the ordinance is Section 5.23.4 PLANNED DEVELOPMENT DESIGN STANDARDS, 7. i) "In no case shall the density of dwelling units within a PD site, including any bonus dwelling units granted in excess of the parallel plan, exceed the maximum density as follows:

All computations shall be stated to the nearest square foot and must be stated in detail on the site plan. In no case shall the maximum gross area of any development exceed 12.00 units per acre.

Clerk Hope also commented that there are minor changes elsewhere in the proposed ordinance.

Treasurer Ammon commented that he has concerns with eight items in the proposed ordinance amendment and he spoke about four of those eight concerns, which includes: 1.) Applicants must still rezone the property to the desired underlying zoning district prior to pursuing the PD requirement. 2.) Even though the Planning Commission may not consider economic factors in the approval process (Section 5.23.2 – Planning Commission Finding Required), applicants are required to provide fiscal impact analysis of the proposed PD on the Township and school districts and evidence of market need and financial responsibility for completing the entire project. 3.) Applicants must spend a lot of time and money during the process of the PD development. 4.) Even after the PD Plan is approved and the official Zoning Map is changed to reflect the PD approval and the PD agreement is executed, the Applicant is still required to go through the Site Plan Review process. Treasurer Ammon commented that even though he has some concerns about the proposed ordinance amendment, that would be voting in favor of ordinance; however, he believes that the Township Board and the Planning Commission should review any problems that may arise in the future.

Trustee Anderson recommended sending the ordinance amendments back to the Planning Commission. Treasurer Ammon commented that he does not want to send the case back to the Planning Commission, because currently the Township does not have a PUD or a PD ordinance.

Al McFadyen, Dir. of Community Development, commented that he does not believe that the case should be sent back to the Planning Commission, because it has already been sent back to them. Mr. McFadyen recommended that the Board move forward with the proposed ordinance and make it as workable as possible. Then as the Township finds areas of the ordinance that are not working, the ordinance could be amended, and Clerk Hope and Trustee Bowers concurred with Mr. McFadyen.

Treasurer Ammon commented that there are some good changes in the proposed ordinance, which includes density bonuses, and he said that he would be monitoring this ordinance.

A Roll Call Vote was recorded as follows:

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

Absent: Krepps

The Board reviewed memorandums dated April 6, 2004 from Twp. Mgr. Elsinga and April 5, 2004 from Pete Stoughton, Assistant Planner (ATTACHMENT XIII).

A Roll Call Vote was recorded as follows:

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

Absent: Krepps

The Board reviewed a letter dated April 1, 2004 from Amy McEwan, Assist. Twp. Mgr., Delta Township re: contribution for multi-cultural Middle Passage Museum, Inc. exhibit (ATTACHMENT XIV).

Supervisor Goodrich commented that Delhi Township has been asked to join the list of contributors to fund the Middle Passage Museum, Inc. African American exhibit in the Greater Lansing Community. The exhibit is comprised of artifacts from Jim and Mary Ann Petty’s personal collection of more than 25,000 pieces of history, which provides a factual and vivid account of African American history. Current contributors include Michigan State University, Lansing Community College, Delta Township, East Lansing, Greater Lansing Convention and Visitor Bureau, and the Greater Lansing Chamber of Commerce.

Supervisor Goodrich commented that the Township is donating $500 toward the Middle Passage Museum, Inc. exhibit. Twp. Mgr. Elsinga commented that there are now about 40,000 pieces of artifacts, which have been verified with the Smithsonian Institute. Middle Passage Museum is looking for a permanent location for this artifact, and they are interested in Dallas, New Orleans, and Lansing as a location for a 65,000 – 90,000 sq. ft. museum. Twp. Mgr. Elsinga commented that both he and Supervisor Goodrich believe that this museum would be a great cultural asset for the Greater Lansing area.

Trustee Anderson referred to the April 1^st letter from Delta Township (part of Attachment XIV) which states that townships are authorized to make expenditures towards this type of event under MCL 41.110c. Trustee Anderson read the definition of MCL 41.110c. and he commented that he does not believe that the $500 contribution to Delta Twp. for an activity that may occur in Lansing falls under MCL 41.110c. Twp. Mgr. Elsinga commented that he specifically asked if this event is an eligible expense and he was informed that it is eligible.

Tricia Vander Ploeg, Admin. Secretary/Deputy Supervisor, commented that there isn’t a recommended motion for this expenditure because it falls under the $10,000 threshold; therefore, it does not need Twp. Board approval. Trustees Bowers and Anderson both commented that this item was not budgeted; therefore, they are not in support of the expenditure at this time. Supervisor Goodrich, Clerk Hope, and Treasurer Ammon concurred with contributing $500 to help fund the four-day exhibit for the Middle Passage Museum April 14 – April 18, 2004.

Supervisor Goodrich commented that there has been a lot of vandalism in Delhi Township parks (Kiwanis Park, Deadman’s Hill, and the Community Services Center Community Park), and he recommended that the Board offer some type of reward for the capture and prosecution of the vandal(s).

Mark Jenks, Dir. of Parks and Recreation, spoke about the malicious destruction that is occurring in the Township’s parks and the cost and time to repair the equipment, etc. Mr. Jenks commented that previous consideration was given to some type of crime stopper reward program, and he was informed at that time that any type of reward money may be recoverable in the restitution process. Mr. Jenks further commented that an article on the park vandalism appeared in the April 4^th edition of the Holt Community Newspaper. Supervisor Goodrich commented that the Township’s Director of Accounting believes that offering a crime stopper reward is an eligible Township expenditure.

Trustee Anderson asked if the Township has checked into whether or not its property insurance carrier offers any type of reward for arson or vandalism that is built into the Township’s insurance package. Supervisor Goodrich responded that Township staff would check into this matter.

Supervisor Goodrich reported on the skate park public workshop that he and Mark Jenks, Dir. of Parks and Recreation, attended on March 29^th with a representative from a skate park ramp company and interested citizens and kids from the community. Another skate park meeting is scheduled for April 19^th at 6:00 p.m. in the Multipurpose Room at the Community Services Center.

Supervisor Goodrich commented that an erroneous rumor is going around that Township staff is mowing the lawn at his home. Supervisor Goodrich further commented that he has lawn care service through a private lawn service contractor. Supervisor Goodrich also commented that there is a Township right-of-way that runs behind his backyard as well as other properties. Mark Jenks, Dir. of Parks and Recreation, commented that occasionally the parks maintenance staff parks their work vehicle in the parking lot at the VFW Hall when they need to access the Cedar Street entrance to the Community Services Center Community Park, which could be why someone thought Township staff was mowing Supervisor Goodrich’s lawn.

Supervisor Goodrich reported that a joint Township Board and DDA Board meeting is scheduled for Tuesday, April 27, 2004. Trustee Bowers commented that she is unable to attend the April 27^th joint meeting, and the remaining Board members present indicated that they have no conflict with the April 27^th meeting date.

Supervisor Goodrich reported that the Holt Public Schools Board of Education would like to schedule another joint meeting with the Township Board in about three months.

Supervisor Goodrich reported that he would be attending the one-day Michigan Association of Township Supervisor’s Spring Seminar in Kalamazoo on April 7, 2004.

Clerk Hope reported that the Clerk’s Office received a copy of an Application for Temporary Authorization from Dennis Shumway, Coach’s Pub & Grill, 6201 Bishop Rd., to set up a beer tent from 3:00 p.m. – 9:00 p.m. on June 12, 2004 to serve food and beer, which is in conjunction with Mr. Shumway’s current Class C On-Premise Liquor License; therefore, does not require Township Board approval. A motorcycle group from Grand Rapids who is raising funds for Operation Enduring Freedom will be driving to Veteran’s Park and then to the State Capital before arriving at Coach’s Pub & Grill.

Clerk Hope reported that at the last Planning Commission meeting (3/22/04) there was discussion regarding whether or not the Krantz Road area, in the vicinity of the POTW facility, should remain agricultural on the future land use map since utility services are already available in that. Clerk Hope commented that if any Board members have any ideas regarding changing this area, they should contact Pete Stoughton, Assistant Planner.

The Board reviewed a facsimile from John Midgley, Managing Director, Ingham County Road Commission (ATTACHMENT XV).

Twp. Mgr. Elsinga reported that the Ingham County Road Commission, due to structural deterioration, has reduced the bridge weight limits on two bridges in Delhi Township, College Road over the Sycamore Creek and Pine Tree Road over the Sycamore Creek.

Fire Chief Rick Royston expressed concern about the added response time that it will take because of no longer being able to use the fastest route to fires and emergency medical services (EMS) due to local bridge weight limits being lowered. Chief Royston commented that he would contact the Lansing Fire Department and request their assistance with emergency calls in the areas where the bridge weight limits have been lowered.

The Board reviewed a letter dated March 23, 2004 to Mike Ormstead, Burnham & Flower Insurance Group, from Wendy Thielen, Assistant Twp. Mgr. of Human Resources (ATTACHMENT XVI).

Twp. Mgr. Elsinga reported that the 2004 Property/Liability Insurance premiums have dramatically increased along with a reduction in coverage. The 2004 coverage limit is now $5,000,000 versus the $10,000,000 in 2003. Therefore, a letter (Attachment XVI) was sent to the Township’s insurance carrier, Burnham & Flower Insurance Group, asking for the history on municipal insurance, claims filed and processed, insurance premiums over the past several years and the provider of same, i.e. Michigan Municipal League (MML), a brief narrative on who Burnham & Flower contacted to arrive at the 2004 premium, and a list of other competitive vendors for property/liability insurance.

The Board reviewed a letter dated March 23, 2004 to Mike Ormstead, Burnham & Flower Insurance Group, from Wendy Thielen, Assistant Twp. Mgr. of Human Resources (ATTACHMENT XVII).

Twp. Mgr. Elsinga reported that a letter (Attachment XVII) was sent to the Township’s insurance carrier, Burnham & Flower Insurance Group, requesting them to provide the Township with a recommendation regarding the liability/cost associated with a skate park.

The Board reviewed a letter dated March 31, 2004 from Twp. Atty. David Olmstead, Thrun Law Firm, P.C. (ATTACHMENT XVIII).

Twp. Mgr. Elsinga reported that a response letter was received from Twp. Atty. David Olmstead, Thrun Law Firm, relative to requiring business taxpayers receiving tax abatements to post performance bonds. Twp. Mgr. Elsinga commented that the general direction from Mr. Olmstead is that there are enforcement liens that could be incorporated into IFT’s (Industrial facilities Tax) that subsequently would be in accordance with the tax laws as opposed to performance bonds and/or letters of credit.

A Voice Poll was recorded as follows: All Ayes

Absent: Krepps

Meeting adjourned at 9:35 p.m.