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DELHI CHARTER TOWNSHIP
BOARD OF TRUSTEES The Delhi Charter Township Board met in a regular meeting on Tuesday, May 18, 2004 in the Multipurpose Room at the Community Services Center, 2074 Aurelius Road, Holt, Michigan. Supervisor Stuart Goodrich called the meeting to order at 7:39 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Members Present: Supervisor Stuart Goodrich, Clerk Evan Hope, Treasurer Harry Ammon, Trustees Steve Anderson, Marsha Bowers, Paul Krepps, Roy Sweet Others Present: Amy Finch, Records Coordinator
MINUTES MINUTES OF REGULAR TOWNSHIP BOARD MEETING – MAY 4, 2004
A Voice Poll was recorded as follows: All Ayes MOTION CARRIED
MINUTES OF SPECIAL JOINT TOWNSHIP PARK COMMISSION / TOWNSHIP BOARD MEETING – MAY 12, 2004
A Voice Poll was recorded as follows: All Ayes MOTION CARRIED
CLAIMS PAYROLL – MAY 6, 2004 HOPE MOVED THAT THE PAYROLL PAID MAY 6, 2004 TOTALING $143,248.28 HAVING BEEN REVIEWED, AUDITED, AND APPROVED BE ACCEPTED BY THE BOARD.
A Roll Call Vote was recorded as follows: Ayes: Ammon, Anderson, Bowers, Goodrich, Hope, Krepps, Sweet MOTION CARRIED
ACCOUNTS PAYABLE – MAY 11, 2004
Includes the following to be reimbursed from separate bank accounts:
A Roll Call Vote was recorded as follows: Ayes: Anderson, Bowers, Goodrich, Hope, Krepps, Sweet, Ammon MOTION CARRIED
PUBLIC COMMENTS Eva Ruperd, 4400 Holt Rd., Apt. 301, Holt and Marion Clark, 4400 Holt Rd., Apt. 404, Holt, expressed concern about the noise coming from 2 Feathers Road House and Patio. A letter was submitted to the Board, signed by residents of Tamarack who were also concerned about the noise (letter on file in the Clerk’s Office).
INTRODUCTIONS Supervisor Goodrich recognized several Holt High School students in the audience.
SET/ADJUST AGENDA Remove Item No. 4 – 2003 Annual Report-Treasurer’s Office, due to computer problems.
NEW BUSINESS RECOMMENDATION FOR REAPPOINTMENT TO THE PLANNING COMMISSION – ROGER DONALDSON The Board reviewed a memorandum dated May 12, 2004 from Supervisor Goodrich (ATTACHMENT I).
A Roll Call Vote was recorded as follows: Ayes: Bowers, Goodrich, Hope, Krepps, Sweet, Ammon, Anderson MOTION CARRIED
RECOMMENDATION FOR APPOINTMENT TO THE PLANNING COMMISSION – NORMAN HETTINGER The Board reviewed a memorandum dated May 12, 2004 from Supervisor Goodrich (ATTACHMENT II). GOODRICH MOVED TO APPOINT NORMAN HETTINGER TO THE DELHI CHARTER TOWNSHIP PLANNING COMMISSION FOR A THREE-YEAR TERM EFFECTIVE JUNE 1, 2004; EXPIRING JUNE 1, 2007. A Roll Call Vote was recorded as follows: Ayes: Goodrich, Hope, Krepps, Sweet, Ammon, Anderson, Bowers MOTION CARRIED
RECOMMENDATION FOR APPOINTMENT TO THE PLANNING COMMISSION – CHUCK GRINNELL The Board reviewed a memorandum dated May 12, 2004 from Supervisor Goodrich (ATTACHMENT III). GOODRICH MOVED TO APPOINT CHUCK GRINNELL TO THE DELHI CHARTER TOWNSHIP PLANNING COMMISSION FOR A THREE-YEAR TERM EFFECTIVE JUNE 1, 2004; EXPIRING JUNE 1, 2007. A Roll Call Vote was recorded as follows: Ayes: Hope, Krepps, Sweet, Ammon, Anderson, Bowers, Goodrich MOTION CARRIED Clerk Hope administered the Oath of Office to Norman Hettinger and Chuck Grinnell.
COMMITTEE BUSINESS –
PUBLIC ADMINISTRATION PROPOSED LEASE AGREEMENT BETWEEN DELHI CHARTER TOWNSHIP AND 1090 INVESTMENTS, LLC FOR A PROPOSED AM TOWER ARRAY The Board reviewed a memorandum dated May 12, 2004 from Twp. Mgr. Elsinga (ATTACHMENT IV).
Supervisor Goodrich commented that this item would be discussed, but not voted on at this meeting. This item will be rescheduled to the second meeting in June to properly notify all the residents in the area. John Kruse, owner of 1090 Investments, LLC and John Brown, President of Michigan Catholic Radio were present for comments. Mr. Kruse stated that his company currently owns WCAR in Garden City, MI along with WOAP in Owosso, MI. Their intent is to move WOAP from Owosso to Delhi Township. This station was purchased by 1090 Investments and will be leased to WCVA, Inc., which does business as Michigan Catholic Radio. Mr. Kruse stated that there would be six towers on this property. They will also be building a 1,500 square foot building to be used as a studio either on this property or at another location within Delhi Township. Trustee Bowers questioned the 3 renewal terms of 20-years each of the lease. She also had concerns that 1090 Investments were the only party that could terminate the lease. Mr. Kruse stated that they requested the longer length of this lease because of the substantial investments involved in this project. There will be six towers each approximately 230 feet tall. Trustee Bowers also questioned the status of the ingress and egress. Mr. Kruse stated that this would be resolved during the building permit process. Scott Maurer, 1319 Grovenburg Rd., Holt, questioned why the towers were being placed so close to the road, as it was his understanding that that area was to be used as a buffer zone. Twp. Mgr. Elsinga stated that the property being considered for leasing is the rear 1500 x 700 feet, approximately 1100 feet east of the road. The towers would be placed two rows of three towers each, placing the rows approximately 250 feet east of the property line. The reason for this location is the ultimate expansion of the POTW plant which would incorporate this parcel over the next ten to twenty years. The twenty-year horizon for the AM tower array is compatible with future expansion of the POTW plant. The road to get to the tower location already exists. Larry Lumbert, 5654 Harper Road, Holt, expressed concern over the loss of agricultural land by placing these towers in this area. He also asked what the benefit to the Township would be financially from the towers. Mr. Kruse stated that this land could not be farmed because in an AM station the antennas are the towers and the electrical line system is underground which is why the large amount of space is needed. Mr. Kruse stated that 1090 Investments would be leasing this property from the Township which would bring a monthly payment into the Township. He also stated that the tax revenue for the improvements made to the property that would bring money into the Township. Twp. Mgr. Elsinga stated that the annual rent on this property would be fifteen thousand dollars ($15,000) for a period of five (5) years, after the initial five (5) years, the rent will be adjusted annually, based on the inflation percentage applicable to real property tax for each proceeding year. Supervisor Goodrich added that in addition to the revenue of the towers, taxes will be derived from the studio and the equipment that is located inside that studio. Twp. Mgr. Elsinga further commented that money received from the two cell towers currently located on Delhi Township property is dedicated to the Parks Capital Improvement Programs. The proceeds from these AM towers will also go to the Parks Capital Improvement Program. Twp. Mgr. Elsinga stated that a local jurisdiction can not legislate against a location of either cell towers, wireless communication towers or AM radio towers. These towers can be placed in our community. Therefore, selecting/encouraging location on public property provides benefit to the public from monies received by the land lease. With the proceeds given directly back to the community. If public property was not used, private property could be used to the benefit of the private landowner only. Supervisor Goodrich clarified that only the money received from the land lease would be used for the Parks Capital Improvement Program, not the tax dollars received. Bob Sherer, 1234 Grovenburg Rd., Holt, encouraged the Board to find a location that would remove the towers from close proximity to residents. Mr. Sherer had concerns with safety and interference. Mr. Kruse stated that the possibility of interference does exist, however, Federal law requires that any of these problems be corrected for any residential area within a mile of the transmitter, stating that they (1090 Investments) would commit going beyond what the Federal law requires in addressing these problems. Mr. Kruse addressed the health and safety concerns regarding radio frequency radiation with AM stations. Mr. Kruse stated that radiation levels are down to the order of 1% of what the allowable federal mandated limit is for public exposure, stating that a person would have to be within 10 feet of a tower to receive radiation levels that exceed the federal standard. The base of the towers will be fenced to further restrict any exposure. Russell Tropp, 1335 Grovenburg Rd., Holt, opposes the location of the towers on this property. David Bandt, 1180 Grovenburg Rd., Holt, opposes the project, stating concerns with radio frequency problems, urging the Township Board to find a better suited location for the towers. Trustee Krepps stated that the lease agreement addresses interference (item no. 5), stating that in the event any interference occurs, the power will immediately be reduced to a level that reduces such interference. Tom Gamez, 5661 Grovenburg Rd., Holt, has concerns with the value of his property being reduced. He is opposed to the current proposed location of the towers. Sonja Mauer, 1319 Grovenburg Rd., Holt, has concerns with her property value if the towers are allowed to be placed at this location. She also has concerns with the wildlife. Mr. Kruse stated that the radiation would not affect the wildlife. Debbie Silkwood-Sherer, 1234 Grovenburg Rd., Holt, has concerns with her children’s welfare and the wildlife in the area. She is also concerned with the value of her property.
A Roll Call Vote was recorded as follows: Ayes: Krepps, Sweet, Ammon, Anderson, Bowers, Goodrich, Hope MOTION CARRIED
AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE SHERIFF OF INGHAM COUNTY, THE COUNTY OF INGHAM AND THE CHARTER TOWNSHIP OF DELHI The Board reviewed a memorandum dated April 28, 2004 from Twp. Mgr. Elsinga and a letter dated March 1, 2004 from Matthew J. Myers, Ph.D., Undersheriff, Ingham County Sheriff’s Office (ATTACHMENT V).
A Roll Call Vote was recorded as follows: Ayes: Sweet, Ammon, Anderson, Bowers, Goodrich, Hope, Krepps MOTION CARRIED
COMMITTEE BUSINESS – PUBLIC ADMINISTRATION RESOLUTION NO. 2004-037 – REQUEST THE INGHAM COUNTY BOARD OF COMMISSIONERS CREATE A PROGRAM AND ORDINANCES FOR THE ENFORCEMENT OF TIME OF SALE INSPECTIONS FOR ABANDONED WELLS AND ON-SITE SEWAGE DISPOSAL SYSTEMS The Board reviewed a memorandum dated May 12, 2004 from Twp. Mgr. Elsinga and a memorandum dated May 4, 2004 from Robert Scheuerman, P. E. Twp. Engineer (ATTACHMENT VI).
A Roll Call Vote was recorded as follows: Ayes: Ammon, Bowers, Goodrich, Hope, Krepps, Sweet Nays: Anderson MOTION CARRIED
DRAIN EASEMENT – COOK AND THORBURN DRAIN DRAINAGE DISTRICT – CENTENNIAL BRANCH DRAIN – INGHAM COUNTY DRAIN COMMISSIONER The Board reviewed a memorandum dated May 13, 2004 from Twp. Mgr. Elsinga and a letter dated April 21, 2004 from Patrick E. Lindemann, Ingham County Drain Commissioner (ATTACHMENT VII).
A Roll Call Vote was recorded as follows: Ayes: Anderson, Bowers, Goodrich, Hope, Krepps, Sweet, Ammon MOTION CARRIED
AGREEMENT TO CONSTRUCT A DRAIN PURSUANT TO SECTION 433 OF ACT NO. 40 OF THE PUBLIC ACTS OF 1956, AS AMENDED, BETWEEN THE INGHAM COUNTY DRAIN COMMISSIONER, CENTENNIAL FARM PROPERTIES, LLC AND DELHI CHARTER TOWNSHIP The Board reviewed a memorandum dated May 13, 2004 from Twp. Mgr. Elsinga and a letter dated April 21, 2004 from Patrick E. Lindemann, Ingham County Drain Commissioner (ATTACHMENT VIII).
A Roll Call Vote was recorded as follows: Ayes: Bowers, Goodrich, Hope, Krepps, Sweet, Ammon, Anderson MOTION CARRIED
NEW BUSINESS MUTUAL AID FIRE PROTECTION AGREEMENT BETWEEN INGHAM TOWNSHIP AND DELHI CHARTER TOWNSHIP The Board reviewed a memorandum dated May 13, 2004 from Twp. Mgr. Elsinga and a memorandum dated April 23, 2004 from Rick Royston, Fire Chief (ATTACHMENT IX).
A Roll Call Vote was recorded as follows: Ayes: Goodrich, Hope, Krepps, Sweet, Ammon, Anderson, Bowers MOTION CARRIED
SUPPLEMENTAL AGREEMENT NO. 196 – WATER SERVICE AGREEMENT BETWEEN DELHI TOWNSHIP AND THE LANSING BOARD OF WATER AND LIGHT, PHEASANT HOLLOW CONDOMINIUMS The Board reviewed a memorandum dated May 12, 2004 from Twp. Mgr. Elsinga and a memorandum dated May 10, 2004 from Robert Scheuerman, P. E., Twp. Engineer (ATTACHMENT X).
A Roll Call Vote was recorded as follows: Ayes: Hope, Krepps, Sweet, Ammon, Anderson, Bowers, Goodrich MOTION CARRIED
PETITION THE LANSING BOARD OF WATER AND LIGHT FOR WATER DISTRICT, THE GARDENS SUBDIVISION The Board reviewed a memorandum dated May 12, 2004 from Twp. Mgr. Elsinga and a memorandum dated May 10, 2004 from Robert Scheuerman, P. E., Twp. Engineer (ATTACHMENT XI).
A Roll Call Vote was recorded as follows: Ayes: Krepps, Sweet, Ammon, Anderson, Bowers, Goodrich, Hope MOTION CARRIED
PETITION THE LANSING BOARD OF WATER AND LIGHT FOR WATER DISTRICT, DELHI TOWNSHIP MAINTENANCE FACILITY EXPANSION The Board reviewed a memorandum dated May 12, 2004 from Twp. Mgr. Elsinga and a memorandum dated May 10, 2004 from Robert Scheuerman, P. E., Twp. Engineer (ATTACHMENT XII).
A Roll Call Vote was recorded as follows: Ayes: Sweet, Ammon, Anderson, Bowers, Goodrich, Hope, Krepps MOTION CARRIED
ZONING AND DEVELOPMENT SPECIAL USE PERMIT NO. 04-230, 3700 HARPER ROAD, KIDDIE KORNER DAYCARE, CHILD CARE CENTER The Board reviewed the recommendation from the Planning Commission.
A Roll Call Vote was recorded as follows: Ayes: Ammon, Anderson, Bowers, Goodrich, Hope, Krepps, Sweet MOTION CARRIED
SPECIAL USE PERMIT NO. 04-233, 2040 AURELIUS ROAD, DTN ENTERPRISES, SECOND HAND STORE The Board reviewed the recommendation from the Planning Commission.
Trustee Anderson commented that he would be abstaining on the motion because they are one of his clients. Motion on Abstention Request
A Voice Poll was recorded as follows: All Ayes MOTION CARRIED Roll Call on Main Motion A Roll Call Vote was recorded as follows: Ayes: Bowers, Goodrich, Hope, Krepps, Sweet, Ammon Abstained: Anderson MOTION CARRIED
EXTENSION OF SPECIAL USE PERMIT NO. 03-221, SOUTHEAST CORNER OF HOLT ROAD AND WAVERLY ROAD, SOUTH CHURCH OF THE NAZARENE, CHURCH FACILITY The Board reviewed the recommendation from the Planning Commission.
A Roll Call Vote was recorded as follows: Ayes: Bowers, Goodrich, Hope, Krepps, Sweet, Ammon, Anderson MOTION CARRIED
REPORTS SUPERVISOR GOODRICH KITSMILLER PROPERTY UPDATE On May 13th, 2004 Supervisor Goodrich and Bob Scheuerman, P. E., Twp. Engineer met with Ron Kitsmiller, Pat Lindemann, Ingham County Drain Commissioner, and Mr. Kitsmiller’s Planner and Engineer at the Kitsmiller RV property to discuss Mr. Kitsmiller’s concerns regarding permits from the Drain Commissioners office. Supervisor Goodrich feels that from the results of this meeting, they have saved this business from leaving the Township.
Supervisor Goodrich reported on the Skate Park project. Supervisor Goodrich, Al McFadyen, DDA Exe. Dir./Dir. of Community Development, and Mark Jenks, Dir. of Parks & Recreation, will be meeting with Paul Rowley. Mr. Rowley is responsible for raising funds for the Skate Park in Bay City.
The Board reviewed a letter dated May 11, 2004 from John W. Midgley, P. E., Managing Director, Ingham County Road Commission (ATTACHEMENT XIII). Supervisor Goodrich referred to the letter sent to John W. Midgley, Managing Dir., Ingham County Road Commission, regarding the Pine Tree Road Bridge Reconstruction Funding. The letter requests Mr. Midgley to prepare a Betterment Agreement for the Board to discuss and approve at the June 15, 2004 Board Meeting.
The Board reviewed a memorandum dated May 13, 2004 from Twp. Mgr. Elsinga (ATTACHMENT XIV). Supervisor Goodrich reported on the May 11, 2004 National Citizens Survey Task Force Meeting. Howard Kohn, President of the Chesapeake Group, participated in this task force meeting. Mr. Kohn conducted a survey for the DDA in regard to the Cedar Street Corridor. Supervisor Goodrich stated that Mr. Kohn’s input was a valuable asset in helping the Task Force interpret the survey. Twp. Mgr. Elsinga stated that in future years the Board may want to hire an experienced person to help interpret the results of these surveys. Based on the survey, the Task Force recommends improvements on public education/public relations with the community regarding land density, code enforcement, commercial growth and property taxes. Twp. Mgr. Elsinga reported that the survey results indicated that the Township employees, as well as the Board’s commitment to public safety, police, fire, library, and parks and recreation were all well regarded.
TREASURER AMMON REVENUE SHARING CHECK Treasurer Ammon reported that the Treasurer’s Office
received a revenue sharing check on May 4, 2004, which has been deposited
into the Common Savings account. CLERK HOPE INGHAM COUNTY GENEALOGICAL SOCIETY The Board reviewed a letter dated April 20, 2004 from John Castle, Chairman, Ingham County Genealogical Society (ATTACHMENT XV). Clerk Hope reported that the Ingham County Genealogical Society has requested and subsequently taken many of the older records of the Township to be microfilmed. The microfilming will be done by a business located in Delhi Township and copies of the microfilm will be provided to the Clerk’s office and the State of Michigan Historical Library. When the microfilming is complete the documents will be returned to the Township.
SWEET HOUSING ADVISORY APPEALS BOARD Trustee Sweet questioned the outcome of a Housing Advisory Appeals Board on a case that was heard May 12, 2004. The hearing was in regards to condemnation of property on Sycamore Street. Al McFadyen, DDA Exe. Dir., will report the results to Trustee Sweet on May 19, 2004.
Trustee Sweet reported on cases of the Zoning Board of Appeals (ZBA) that took place on April 27, 2004. Three cases were heard. The first case was regarding a resident that had built a pole barn on his property on Eifert Road. It was discovered that the barn was partially on his neighbor’s land. A variance was granted to move the barn onto the correct property. The second case was for a sign variance for Capital City Baptist Church and School. The variance was granted even though the sign is not in compliance with the sign ordinance; it is, however, more in compliance than their previous sign. The third case was in regards to the car parts that are displayed above the fences at Schram Auto & Truck Parts located on Cedar Street. A variance was granted on a 3 to 2 vote by the ZBA. The meeting was reconvened before action could be taken in order to stay that action. There was no stay of action and the variance has been approved.
MICHIGAN GOV WEB SITE Trustee Anderson mentioned that the Granholm administration recently revealed a new web site on Michigan Gov, MIDeal for buying supplies in bulk. VACANT LOT ON HAMILTON STREET Trustee Anderson asked if there were any plans for the lot at the end of Sycamore Street on Hamilton Street. Twp. Mgr. Elsinga stated that the lot could not be built on. TREASURER AMMON (Cont’d) INGHAM COUNTY CHAPTER MTA PICNIC Treasurer Ammon received a call from Judith Clark, Aurelius Township Treasurer, wondering if Delhi would be interested in hosting the picnic for the Ingham County Chapter MTA on May 28, 2004. Clerk Hope questioned the May 28th date. He was under the impression that it was in June. Many of the Board members will be out of town on that date in May. Treasurer Ammon will check on the date.
TOWNSHIP MANAGER ELSINGA 2004 PROPERTY/LIABILITY INSURANCE PREMIUMS The Board reviewed a letter dated May 6, 2004 from Steven R. Johnson, Burnham & Flower Insurance Group (ATTACHMENT XVI). Twp. Mgr. Elsinga reported on the letter received from Burnham & Flower Insurance Group regarding the Township’s Property & Casualty Insurance Program. The letter provided the history of the municipal insurance industry along with the history Delhi Township has had with Burnham & Flower. It also gave some understanding of the "loss rational/profitability ratio" between Delhi Township and its insurance carriers. Twp. Mgr. Elsinga stated that the lettered answered various questions such as "how did we get to where are" and "why can’t we afford the coverage we did a couple of years ago".
Twp. Mgr. Elsinga stated that at the May 11, 2004 Public Services Committee meeting a report was given by Bill Botti, Forester, on managing our forests. Twp. Mgr. Elsinga would like to work with Sandra Diorka, POTW Superintendent, to move forward with this project and, if successful, he would like to introduce Mark Jenks, Dir. of Parks and Recreation to this service. Trustee Anderson clarified that there would be no cost to the Township for this service. Twp. Mgr. Elsinga concurred with this.
Twp. Mgr. Elsinga reported on a meeting that he attended on May 17, 2004. He stated that the MI Department of Agriculture, at this point, is unable to move forward with this project until the funds are received from the federal government. Twp. Mgr. Elsinga stated that they (the MI Dept. of Agriculture) are looking at alternative strategies for the funding.
Twp. Mgr. Elsinga asked Bob Scheuerman, P. E., Twp. Engineer, to update the Board on the flow meter. Mr. Scheuerman reported that the data collected by the flow meters would be downloaded onto computers, and checked for valuable data before the meters are pulled out. If the data is useable, the meters will be pulled out on May 21, 2004. (Trustee Krepps left the meeting at 9:25 p.m.)
EXECUTIVE SESSION ENTER INTO EXECUTIVE SESSION – 9:31 P.M. PURPOSE OF DISCUSSING A LAND ACQUISITION. A Roll Call Vote was recorded as follows: All Ayes MOTION CARRIED (Trustee Krepps returned to the meeting at 9:34 p.m.)
Regular meeting reconvened at 9:45 p.m.
FYI ITEMS Letter dated 5/7/04 from Ingham County Road Commission re: Request for a Reduced Speed on McCue Road. Letter dated 4/28/04 from Ingham County Road Commission re: Amended Rules, Standards & Procedure for Driveways, Banners and Parades. Letter dated 4/30/04 from Patrick E. Lindemann, Ingham County Drain Commissioner re: Scheduled Treatment of Loche Woods Pond for Algae and Weeds. ADJOURNMENT
A Voice Poll was recorded as follows: All Ayes MOTION CARRIED Meeting adjourned at 9:46 p.m. |
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