The Delhi Charter Township Board met in a regular meeting on Tuesday, April 20, 2004 in the Multipurpose Room at the Community Services Center, 2074 Aurelius Road, Holt, Michigan. Supervisor Stuart Goodrich called the meeting to order at 7:36 p.m.

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

Others Present:

John Elsinga, Twp. Mgr.
Robert Scheuerman, P. E., Twp. Engineer
Sandra Diorka, POTW Superintendent
Rick Royston, Fire Chief
Al McFadyen, DDA Exec. Dir./ Dir. of Community Development
Darrell Fecho, Planning Consultant, McKenna Associates
Wendy Thielen, Assist. Twp. Mgr. of Human Resources
Barbara Prater, Assistant Twp. Clerk/Recording Secretary

SWEET MOVED THAT THE MINUTES OF THE REGULAR BOARD MEETING HELD ON APRIL 6, 2004 BE APPROVED AS PRINTED.

A Voice Poll was recorded as follows: All Ayes

AMMON MOVED THAT THE MINUTES OF THE SPECIAL (BOARD) MEETING OF APRIL 14, 2004 BE APPROVED AS PRINTED.

A Voice Poll was recorded as follows: All Ayes

A Roll Call Vote was recorded as follows:

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

A Roll Call Vote was recorded as follows:

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

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

Supervisor Goodrich recognized a Holt High School government student in the audience.

Sandra Diorka, POTW Superintendent, gave a Power Point presentation of her 2003 POTW annual report.

HOPE MOVED TO OPEN THE PUBLIC HEARING ON THE ROAD IMPROVEMENT SPECIAL ASSESSMENT DISTRICT, ARVIDA DRIVE, MORENO DRIVE, TRUMBULL STREET, RENFREW WAY, HALIFAX DRIVE, PAGEANT WAY, DEAN STREET, PLEASANT RIVER DRIVE.

A Roll Call Vote was recorded as follows:

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

Robert Scheuerman, P. E., Twp. Engineer, commented that this Public Hearing is on the need and necessity for the improvements to eight roadways in Delhi Township, which include: Arvida Dr., Moreno Dr., Trumbull St., Renfrew Way, Halifax Dr., Pageant Way, Dean St., and Pleasant River Dr. On February 17, 2004, the Township received a letter from the Ingham County Road Commission (ICRC) recommending the roads that they believe need improvements. All of the roads within Delhi Township are under the ownership of the ICRC. The ICRC participates 100% in maintaining the primary roads; however, this year the ICRC provided $63,000 plus $20,000 remaining from last year’s street improvement program, to do all the work on all the subdivision roads within the Township. Mr. Scheuerman further commented that the Township assesses 50% of the cost for the improvements to the subdivision roads. The ICRC prepared a cost estimate, which are the figures that were used in developing the road improvement program. Eight roads were put into five districts, which includes:

Mr. Scheuerman explained how a tentative special assessment roll was created for the property owners in each of the five districts. Even though the public hearing is only on the need and necessity, a tentative special assessment roll was prepared in advance to assist in answering questions from property owners relative to their assessment. Mr. Scheuerman further commented that petitions were prepared for all five street districts and were available for all benefiting property owners. No petitions were taken out to stop the 2004 Street Improvement Project (a petition to stop the project must be signed by record owners of land constituting more than 20% of the total frontage on the road within the proposed special assessment district). Mr. Scheuerman commented that he received a letter of objection dated April 9, 2004 from Robert & Nancy Russell, 6435 Pleasant River Drive, Dimondale, MI (letter on file in Engineering Dept.). The Russell’s also expressed concern that the letter of notice that was sent to them by the Township did not address exactly what improvements would be made nor the special assessment costs. Mr. Scheuerman further commented that a couple other property owners were opposed to the project; however, when he offered a petition to them, they declined.

Jerry Baldwin, 1968 Dean St. – commented that there are a number of storm sewers and gutters on Dean St. that need improvements, and he asked if these repairs are going to be passed on in the way of an assessment. Mr. Scheuerman responded that money has been allocated in each of the projects for curb and gutter repair.

Mr. Scheuerman commented that he called the Ingham County Drain Commissioner (ICDC) to request that they look at the condition of the catch basins and storm sewers to the south and west of Mr. Baldwin’s property so that if any repair is needed, it could be done before the roads are torn up. If the cost of the repair is within the norm of their budget, which is $2,500 per mile per drain, it would be done as a standard maintenance project. If repairs are too expensive, the ICDC would have to start a project of their own; however, that is not anticipated at this point. Mr. Baldwin commented that he believes that the condition of the storm sewers is due to the neglect by the county and he does not believe that taxpayers should have to pay extra to repair them.

John Powell, 6461 Pleasant River Dr. – commented that he was not aware of the petitions to stop the road improvement project, because 11 of the 20 property owners in his neighborhood that would be affected by the proposed road improvements want to file a petition in opposition to the road improvement project. Mr. Powell commented that he believes that he has the appropriate number of signatures opposing the Pleasant River Drive road improvements; however, the signatures are not on an official petition form. The Township Board accepted Mr. Powell’s list of signatures. Treasurer Ammon asked why the property owners who signed the petition are opposed to the project. Mr. Powell responded that the property owners do not believe that Pleasant River Dr. has a significant disrepair to the point where it is necessary to resurface the entire area. Treasurer Ammon commented that as the street deteriorates further, the repair cost would be significantly higher.

Mr. Powell expressed his concern about vehicles traveling at excessive speeds on Pleasant River Dr.

Raymond King, 6140 Halifax Dr. – submitted a letter of objection to the proposed road improvement project. Mr. King commented that he has inspected the streets in his area, and he does not believe that there are any major repairs that need to be made at this time. Mr. King further commented that he does not believe that resurfacing the road would be of service to Halifax Dr. or the immediate area.

Mr. King expressed his concern about vehicles traveling at excessive speeds on the streets in his neighborhood.

Cheryl Gillespie, 5990 Arvida Dr. – spoke in favor of the road improvements to Arvida Dr. However, Ms. Gillespie expressed concern about the heavy traffic from the trucks hauling gravel, etc. during construction phases. Ms. Gillespie commented that she believes that the deterioration of the roads have been accelerated by the development of Grovenburg Farms Subdivision and adjacent subdivisions; therefore, Ms. Gillespie believes that there should be some funding consideration given on the improvements on Arvida Dr.

Trustee Krepps asked Mr. Scheuerman to explain why the eight streets were chosen.

Mr. Scheuerman responded that the Township is given an allocation per year from the Ingham County Road Commission for all subdivision roads within the Township. This year the allocation was about $63,000 plus funds that were carried over from last year’s allocation for the resurfacing and repairs of all subdivision roads. Mr. Scheuerman spoke about the Township’s road improvement policy. Mr. Scheuerman further commented that the assessment cost to the property owners would be spread over four or five years. The cost is different for each of the five districts; therefore, the cost range would be between $300 - $700.

Mr. Scheuerman commented that if a petition to stop a project for one of the street improvements were successful, that money would not be divided for the remaining road improvements. Therefore, it would not reduce the assessment for any of the remaining road improvements. Mr. Scheuerman further commented that the road improvement program could start over again with the remaining four roads.

Ken Recker, 6411 Pleasant River Dr. – commented that he signed the petition opposing the road improvements for Pleasant River Dr. Mr. Recker expressed concern that the notice letter that he received did not specify the cost of the road improvement project. Mr. Recker asked about the assessment cost for benefiting property owners along Pleasant River Dr. Mr. Scheuerman responded that the assessment would be $328.00 per lot to be spread over four or five years.

Supervisor Goodrich commented that the public hearing this evening is on the need and necessity for the street improvements.

Mr. Recker commented that many of the road users in his subdivision reside on Timberland. When the houses were being built on Timberland, the construction trucks traveling the road were crushing the road, and that is the reason why the road needs repaired. Mr. Recker commented that he believes that if the Township were assessing the users, then the more appropriate way would be to include the construction truck users as well. Treasurer Ammon responded that the assessment is on benefiting "parcels" and not on the vehicles using the road. Mr. Recker expressed concern that the letter of notice to the benefiting property owners did not mention anything about a petition to stop the project. Mr. Recker commented that perhaps when the properties are developed, user fees could be considered. Supervisor Goodrich responded that Delhi Township and the Ingham County Road Commission are sharing in the cost of the road improvements.

Trustee Bowers asked if the Board is still going to act on the (May 18, 2004) public hearing this evening that creates the assessment roll since a petition to stop the project has been received from the benefiting property owners along Pleasant River Dr.

Twp. Mgr. Elsinga commented that the purpose of tonight’s public hearing is to receive input on the road improvement project in its entirety. However, because more than 20% of the benefiting property owners on Pleasant River Dr. are objecting to the road improvements, staff now recommends that no Board action take place this evening (on Resolution No. 2004-017 and Resolution No. 2004-018). Twp. Mgr. Elsinga further commented that staff may eliminate the consolidated district and create five separate districts, including Pleasant River Dr. Therefore, each district could be acted on separately. Trustee Bowers asked if the cost would change by creating five separate districts. Twp. Mgr. Elsinga responded that the cost would not change as we know them today.

Supervisor Goodrich commented that the Township was attempting to be cost effective by going with one collective district, and he further commented that the cost could change in two or three years to the Pleasant River Dr. property owners when that street is repaired.

John Powell, 6461 Pleasant River Dr. – commented that based on the comments this evening about redeveloping the districts and setting a public hearing in May 2004 on five separate districts, that he is not sure if all the benefiting property owners in the Pleasant River Dr. district would have been in the negative if they had been given all the information that was presented to the Board this evening by the Twp. Engineer. Mr. Powell further commented that he feels an obligation to go back to the Pleasant River Dr. property owners with the new information and ask them to be absolutely sure about their decision.

Mr. Scheuerman commented that if the project starts over again, there would be 25 resolutions instead of five, and there would also be necessary newspaper advertisements, etc.

Trustee Krepps asked why the estimated cost information is not provided at the time of the need and necessity public hearing, or in the notice letters to property owners, if the cost information is available. Twp. Mgr. Elsinga responded that the first step is for the Township to determine if there is a need and necessity for the proposed road improvements, not what the cost of the project is going to be. The Ingham County Road Commission’s technical staff believes that there is a need. If the road improvements are not done, the roads will deteriorate over time and then the road improvements will cost more over time. Therefore, the Ingham County Road Commission’s recommendation to the Township is the eight streets that are being recommended for resurfacing.

Supervisor Goodrich asked if the Pleasant River Dr. property owners retract their petition, would it be too late to continue with this project as presented if the Board approves the need and assessment. Supervisor Goodrich commented that the Township was attempting to save money by consolidating the five districts.

Supervisor Goodrich commented that the public hearing must close, because there is an 8:30 public hearing. Mr. Scheuerman commented that the property owners from Pleasant River Dr. may want to discuss this matter in the main lobby while they are waiting for the 8:30 p.m. public hearing to end.

HOPE MOVED TO CLOSE THE PUBLIC HEARING.

A Voice Poll was recorded as follows: All Ayes

A Roll Call Vote was recorded as follows:

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

Clerk Hope commented that this public hearing was set at the April 6, 2004 Twp. Board meeting. The Fraternal Order of Eagles Aerie #3734 is moving to a temporary location due to delays in the construction of their new building. Clerk Hope commented that the Township Board does not have to approve the license transfer; however, Board approval is required to transfer the location of the Dance/Entertainment Permit.

Paul Gondeck, past President of Holt/Mason Eagles, was present to represent the Fraternal Order of Eagles Aerie #3734, and he answered various questions relative to their temporary relocation.

There were no written or verbal comments received from the public regarding the proposed transfer of the Fraternal Order of Eagles Aerie #3734 Dance/Entertainment Permit.

HOPE MOVED TO CLOSE THE PUBLIC HEARING.

A Voice Poll was recorded as follows: All Ayes

HOPE MOVED TO ENTER INTO THE PUBLIC HEARING ON THE ROAD IMPROVEMENT SPECIAL ASSESSMENT DISTRICT (ARVIDA DRIVE, MORENO DRIVE, TRUMBULL STREET, RENFREW WAY, HALIFAX DRIVE, PAGEANT WAY, DEAN STREET, PLEASANT RIVER DRIVE).

A Roll Call Vote was recorded as follows:

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

John Powell, 6461 Pleasant River Dr. – commented that the property owners from Pleasant River Dr. appreciates the Township’s candor and the information that has been provided to them this evening to help them understand the road improvement process. Mr. Powell further commented that it would be in their best interest to withdraw their petition this evening. Some of the property owners may be upset if they proceeded with the petition to stop the project without knowing what was explained by Township staff this evening relative to future activities in the nature of repairing and maintenance of roads. Mr. Powell also commented that he believes that their objection was based on the lack of information. Mr. Powell commented that he and other property owners present this evening would go back and talk to the Pleasant River Dr. property owners to let them know what is happening. Then the property owners may be more appreciative and more willing to say that this is probably the right thing to do at the right time.

Supervisor Goodrich asked for the amount of the special assessment for the benefiting property owners on Pleasant River Dr. Mr. Scheuerman responded that the assessment would be $328.00 per lot, and he pointed out that there are five double lots, which would cost $656.00. Mr. Powell asked about the methods of payment. Mr. Scheuerman responded that it would be paid through a special assessment and be placed on the tax bill. After the road improvements are completed around October 2004, the Treasurer’s Office would send the property owners a letter notifying them of the cost. The property owner is given a choice to either pay it off by a certain date in November 2004. If the property owner doesn’t want to pay it off, then it automatically goes on the tax bill for one-fourth or one-fifth of the year plus interest on the unpaid balance. The balance can be paid off early.

Twp. Mgr. Elsinga asked Mr. Powell if it is his sense that they have not reached the threshold of 20% in his neighborhood objecting to the road improvements at the prices identified on a per benefit knowing that five properties have double benefit, and that this whole process proceed.

Mr. Powell responded that he spoke with one double lot owner this evening, and she said that after the way it was presented this evening, it sounds more cost effective in the long term given that the cost may be higher in the future. Mr. Powell commented that he feels much more comfortable about the assessment and its fairness within the context of his community, but he feels reluctant to speak for the other people who have expressed an interest to him.

Twp. Mgr. Elsinga commented that since Mr. Powell is uncertain whether or not there is now a 20% threshold, staff recommends that the Township pull back on the whole district. Twp. Mgr. Elsinga recommended that the road improvement project be done in five separate districts, which includes Pleasant River Dr. instead of one collective district. Supervisor Goodrich commented that there would be a public hearing on each of the five districts. Mr. Scheuerman commented that the road improvement project would be back before the Board in about six weeks on the five separate districts.

Mr. Powell responded that the five separate district process seems like a very fair and honest way to handle the proposed road improvement project.

Clerk Hope concurred with Twp. Mgr. Elsinga’s recommendation of dividing the whole district into five separate districts.

Trustee Krepps commented that even if 20% of the property owners on Pleasant River Dr. object, if 50% of the property owners file a petition in favor of the project, the project would move forward.

Supervisor Goodrich commented that the Board would not act on the motions (Resolution 2004-017 and 2004-018) this evening and would start the process over again.

Mr. Scheuerman commented that the information that has been sent out to property owners is legally correct. However, staff recognizes that they need to try to circumvent some of the issues to help property owners make their decisions. Therefore, staff would be contacting legal counsel to see what can be added to the notification letters by law.

Cheryl Gillespie, 5990 Arvida Dr. – commented that she realizes that this public hearing is not about money, and she acknowledged that the Ingham County Road Commission is correct in road improvements need to be made on Arvida Dr. However, as a single parent, she is concerned about money; in particular, the amount of the interest rates over the four or five years that the assessment would be spread. Ms. Gillespie asked if there is a way to fund the project in a more cost effective way to the homeowner. Ms. Gillespie commented that she does not object to the price, but she is objecting to paying a high interest rate; therefore, she would like staff to consider the amount of the interest rate. Mr. Scheuerman responded that the amount of the interest rate could be discussed when the Board discusses the fifth resolution, which would include the amount of the interest rate when the final assessment roll is adopted.

HOPE MOVED TO CLOSE THE PUBLIC HEARING.

A Voice Poll was recorded as follows: All Ayes

The Board reviewed memorandums dated April 14, 2004 from Twp. Mgr. Elsinga and April 5, 2004 from Robert Scheuerman, P. E. Twp. Engineer (ATTACHMENT I).

AMMON MOVED TO ADOPT RESOLUTION NO. 2004-020 WHICH APPROVES THE GREATER LANSING REGIONAL COMMITTEE ON PHASE II NONPOINT SOURCE POLLUTION PREVENTION MEMORANDUM AGREEMENT AND ITS BUDGET, TO BE SPLIT EQUALLY AMONG THE PARTICIPATING MUNICIPALITIES, AND WHICH NAMES BOB SCHEUERMAN, TOWNSHIP ENGINEER, AS DELHI TOWNSHIP’S REPRESENTATIVE.

A Roll Call Vote was recorded as follows:

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

The Board reviewed memorandum dated April 14, 2004 from Twp. Mgr. Elsinga and April 6, 2004 from Fire Chief Rick Royston (ATTACHMENT II).

BOWERS MOVED TO PURCHASE A CET COMPRESSED AIR FOAM SYSTEM FROM TIME EMERGENCY EQUIPMENT, LLC IN THE AMOUNT OF $21,990.

Trustee Bowers commented that this expense is from the Fire Department’s Fire Equipment Replacement and Training Fund since it was not included in the 2004 budget.

A Roll Call Vote was recorded as follows:

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

The Board reviewed a memorandum dated April 15, 2004 from Twp. Mgr. Elsinga (ATTACHMENT III).

KREPPS MOVED TO ADOPT RESOLUTION NO. 2004-023 FOR THE PURPOSE OF SUPPORTING THE INGHAM COUNTY ROAD COMMISSION’S APPLICATION FOR FEDERAL AND STATE CRITICAL BRIDGE FUNDING FOR THE REPLACEMENT OF THE PINE TREE ROAD BRIDGE.

A Roll Call Vote was recorded as follows:

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

The Board reviewed a memorandum dated April 12, 2004 from Twp. Mgr. Elsinga (ATTACHMENT IV).

ANDERSON MOVED TO ADOPT RESOLUTION NO. 2004-019 RECOGNIZING MAY 2^ND THROUGH MAY 8^TH 2004 AS DELHI CHARTER TOWNSHIP WATER QUALITY AWARENESS WEEK.

A Roll Call Vote was recorded as follows:

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

The Board reviewed a memorandum dated April 16, 2004 from Supervisor Goodrich (ATTACHMENT V).

SWEET MOVED TO ADOPT RESOLUTION NO. 2004-024 WHICH RECOGNIZES THE EXCELLENCE IN COMMUNITY SERVICE BY THE VOLUNTEERS OF THE HOLT COMMUNITY FOOD BANK IN ASSISTING THOSE CITIZENS OF DELHI TOWNSHIP IN NEED.

Treasurer Ammon read the resolution to three representatives from the Holt Community Food Bank. Treasurer Ammon commented that Clerk Hope would be formally presenting the resolution to the Holt Community Food Bank at an appreciation luncheon on April 24, 2004. Treasurer Ammon commented that he and Supervisor Goodrich also serve on the Holt Community Food Bank Board.

Gayle Cain, Treasurer, Holt Community Food Bank, commented that the Food Bank asked for formal recognition of their efforts in serving the Delhi Township community needs because of grant application purposes.

The following Holt Community Food Bank representatives introduced themselves to the Twp. Board: Gayle Cain, Treasurer, Peggy Hadwin, Public Relations, and Evelyn Robinson, Holt Community Food Bank Board member.

A Roll Call Vote was recorded as follows:

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

Supervisor Goodrich reported that this item was removed from the agenda as a result of the 8:00 p. m. public hearing.

Supervisor Goodrich reported that this item was removed from the agenda as a result of the 8:00 p. m. public hearing.

The Board reviewed a memorandum dated April 7, 2004 from Clerk Hope (ATTACHMENT VI).

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.

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.

Treasurer Ammon commented that he expressed his concerns relative to this zoning ordinance at the April 6, 2004 Board meeting, and that staff would be taking into consideration developer’s comments relative to this Planned Development District ordinance.

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.

HOPE MOVED UPON INTRODUCTION AND FIRST CONSIDERATION, TO ADOPT CASE NO. 04-758 FOR THE PURPOSE OF AMENDING ZONING ORDINANCE NO. 39 REGARDING SECTIONS 5.14 (CONDOMINIUM REGULATIONS) AND 10.2 (DEFINITIONS) AND ADOPT THE SETBACK MATRIX APPENDIX (PROPOSED ZONING ORDINANCE NO. 39.105).

Clerk Hope commented that this proposed ordinance provides that condominiums will be treated the same as subdivision plats under the state act.

Darrell Fecho, Planning Consultant, McKenna Associates, commented that there are two ways to divide property in the State of Michigan. One is by title and the other is by condominium, which is basically a contractual arrangement. There is nothing in the condominium act itself nor in the previous ordinance of the Township that paralleled the treatment of those two methods. In essence, site condominiums are subdivisions, and this proposed ordinance would force condominiums to be treated like subdivision plats in terms of the reviews and design issues. The Township has to some extent been doing this in the past, but the current ordinance does not require it. Mr. Fecho further commented that there has been an informal setback matrix of regulations that has been used by the Planning Commission for awhile. This proposed ordinance will formalize the matrix and make it part of the zoning ordinance as an appendix. Treasurer Ammon asked if this is a new regulation from the state. Mr. Fecho responded that it is an adaptation to the ordinance, which was adopted in 1978. Treasurer Ammon asked if legal counsel has reviewed the proposed changes, and Mr. Fecho responded in the affirmative.

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.

KREPPS MOVED TO APPROVE SPECIAL USE PERMIT NO. 04-231, 3400 BELLE CHASE WAY, TAX PARCEL #33-25-05-02-200-043, TWO MEN AND A TRUCK, FOR THE CONSTRUCTION/EXPANSION OF AN 11,586 SQUARE FOOT ADDITION TO THE EXISTING STRUCTURE, AS RECOMMENDED BY THE PLANNING COMMISSION.

Clerk Hope commented that this is a request for an expansion to Two Men and a Truck’s existing building.

Darrell Fecho, Planning Consultant, McKenna Associates, commented that the reason that this request falls under a Special Use Permit, is because the existing building is greater than 25,000 sq. ft. The expansion is for educational purposes. An area of a home is going to be constructed inside so that Two Men and a Truck employees can be trained on proper handling.

Gary Kirkland, Wieland Davco Corp., Construction Manager, Patrick Glowacki, Hobbs & Black Architects, and Ms. Terry Warren, Legal Counsel, were present on behalf of Two Men and a Truck.

Trustee Bowers asked if the site plan issues were addressed, and Mr. Kirkland responded in the affirmative.

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 a request to construct a medical office building similar to all the other Genesis Development Group’s medical buildings in the area. The need for a Special Use Permit is because the building is greater than 25,000 sq. ft.

Trustee Sweet asked why Planning Commissioner Keen voted against this request, because there is nothing in the Planning Commission minutes explaining the nay vote. Darrell Fecho, Planning Consultant, McKenna Associates, commented that generally the Planning Commission just approves a building in excess of 25,000 sq. ft.; however, in this particular case, the Planning Commission still wanted to continue to put a limit on it of 30,000 sq. ft., but the plans that were submitted are for 1,400 sq. ft. over the 25,000 sq. ft.; therefore, the Planning Commission did approve in excess of 30,000 sq. ft.

Special Use Permit Requirement for 25,000 Sq. Ft. Buildings in C-2 Zoning 
Mr. Fecho commented that the Planning Commission held discussion on the concept of why the Township zoning ordinance requires that all buildings greater than 25,000 sq. ft. in the C-2 District zoning receive a special land use (Special Use Permit). Some of the alternatives that the Planning Commission discussed are that state law does not require that a SUP be approved by the Township Board. Therefore, it is a Planning Commission function and not the function of the Township Board. Most of the issues that come up during the review of a SUP pertain to site plan review issues. Mr. Fecho further commented that it takes a SUP applicant about six additional weeks to go through the SUP process, because it has to go before the Township Board and then back to site plan review.

Mr. Fecho commented that in most of the communities that he is familiar with, the SUP and the site plan are handled both at the same time at the Planning Commission and the Township Board does not get involved with the process.

Treasurer Ammon commented that if Delhi Township ever reduces the six-week SUP process, he believes that there should still be some type of an appeals process. Mr. Fecho responded that the Planning Commission discussed an appeal process, and they said that if there were a denial, the applicant would have the ability to go before the Township Board.

Trustee Sweet commented that usually these comments are included in the Planning Commission minutes. Trustees Anderson and Bowers also commented that the comments on zoning issues have not been included in the Planning Commission minutes for the past few months. Supervisor Goodrich responded that staff would check to see why the comments on zoning issues are not being included in the Planning Commission minutes.

Mr. Fecho commented that the Planning Commission has requested a maximum of 30,000 sq. ft. as part of their motion on this SUP request.

Trustee Bowers commented that if the 25,000 sq. ft. issue comes up again, the Township Board should keep in mind "big box" buildings and the public’s concerns rather than the developer’s concerns whenever the appeals process comes before the Township Board. Mr. Fecho responded that 25,000 sq. ft. is not, in essence, a big box building, which he relayed in a memorandum to the Planning Commission. Mr. Fecho commented that some of the issues being discussed could be addressed when the zoning ordinance is updated in terms of creating other districts.

A Roll Call Vote was recorded as follows:

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

Supervisor Goodrich referred to the recent vandalism in some of the Delhi Township Parks, and he commented that the Township can participate in the Crime Stoppers Reward Program. Therefore, Mark Jenks, Dir. of Parks and Recreation, and Tricia Vander Ploeg, Administrative Sec’y./Deputy Supervisor, are checking into the feasibility of the Township participating in Crime Stoppers Program.

Trustee Krepps asked about the status of surveillance cameras in the parks. Supervisor Goodrich responded that there are currently surveillance cameras in some of the Township parks.

A Joint DDA/Township Board meeting is scheduled for Tuesday, April 27, 2004 at 6:00 p.m. in the Multipurpose Room at the Community Services Center.

A Joint Delhi Township Park Commission/Township Board meeting is scheduled for Wednesday, May 12, 2004 at 6:30 p.m. in the Multipurpose Room at the Community Services Center.

The Treasurer’s Office is done collecting winter 2003 taxes for real property and has settled with the county.

Clerk Hope reported that the Planning Commission is in favor of two of the alternatives considered, which includes: 1.) Create standards for buildings 25, 000 sq. ft. or larger, and 2.) Modifying the Special Use Permit (SUP) process, which would delete the Township Board step. However, if there were a denial, the applicant would have the ability to appeal before the Township Board. Clerk Hope commented that the Planning Commission wants to be certain that the Township Board has no objections to the proposed changes; therefore, Clerk Hope asked the Board members to notify either himself or Pete Stoughton, Assistant Planner, if they have any concerns with the proposed changes.

Clerk Hope reported that the Ingham County Chapter of the MTA is conducting their annual potluck meeting on Wednesday, April 28, 2004, at the Stockbridge Township Hall.

Clerk Hope also reported that he has been chosen to serve as the Township Clerk representative on the Board of the MTA Ingham County Chapter.

Trustee Sweet asked about the personal property tax collection process, because he received a call from a Township resident about his personal property tax legal notice. Treasurer Ammon explained the personal property tax collection process.

Trustee Bowers reported that she will be out-of-town immediately following the April 21, 2004 Township Board Goals & Objectives Workshop until April 29, 2004.

Twp. Mgr. Elsinga spoke about the meeting he attended on April 15, 2004 at the Kellogg Center sponsored by the Michigan Departments of Agriculture and Natural Resources. The purpose of the meeting was to discuss the eradication of the MI Emerald Ash Borer (beetle). The eradication will be done while the beetle is in its larval stage. The most effective way to eradicate the beetle and stop its spread is to remove all Ash Trees in an affected area. In Ingham County, a containment activity is being planned that will result in the removal of all Ash Trees within a minimum of 100 yards of a known infested tree with an additional action of girdling Ash Trees in the next 100 yards. Then in the fall these trees will be removed. This eradication effort may begin within the next 45 days and it will be devastating to property owners who have Ash Trees on their property. An effort will be made to notify all affected property owners.

There is a reforestation program that will follow the eradication process. The entire eradication program is federally funded.

Twp. Mgr. Elsinga asked Clerk Hope to put the information about the eradication of the Emerald Ash Borer on the Township’s Web Site.

Trustee Krepps left the meeting at 9:38 p.m.

A Roll Call Vote was recorded as follows:

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

Absent: Krepps

Regular meeting reconvened at 9:59 p.m.

HOPE MOVED TO ADJOURN THE MEETING.

A Voice Poll was recorded as follows: All Ayes

Absent: Krepps

Meeting adjourned at 10:00 p.m.