Public Meeting Room A Delta Administration Building 7710 ... Board...07/28/2019 CCARD AMAZON...

Public Meeting Room A Delta Administration Building 7710 West Saginaw Highway

Lansing, MI 48917

TOWNSHIP BOARD REGULAR MEETING AGENDA

Tuesday, September 3, 2019 - 6:00 PM

I. CALL TO ORDER

II. OPENING CEREMONIES – Pledge of Allegiance

III. ROLL CALL – Members: Supervisor Kenneth R. Fletcher, Clerk Mary R. Clark, Treasurer Howard A. Pizzo, Trustee Fonda J. Brewer, Trustee Andrea M. Cascarilla, Trustee Dennis R. Fedewa, and Trustee Karen J. Mojica

IV. PRESENTATIONS AND PROCLAMATIONS

1. Resolution of Recognition – Larry Merrill

2. Badge Pinninga. Kelli-Jo Smithb. Jordan Spitzleyc. Joseph Harrison

V. SET/ADJUST AGENDA

VI. PUBLIC HEARINGS

VII. COMMUNICATIONS

VIII. PUBLIC COMMENTS FOR ITEMS NOT ON AGENDA (maximum two minutes)

IX. INTRODUCTION OFORDINANCES

X. PASSAGE OF ORDINANCES

XI. CONSENT AGENDA – Anyone may request item(s) to be pulled from the consent agenda for discussion. If left on the consent agenda, the items will be voted on by a roll call vote of the Board en masse. Then, the individual item(s) will be discussed and voted upon.

3. Bills and Financial Transactions

a. $5,050,673.23

4. Minutes

a. August 19, 2019 Regular Board Meeting

SEPTEMBER 3, 2019 / TOWNSHIP BOARD AGENDA CHARTER TOWNSHIP OF DELTA Page 2 of 3

5. Acceptance of Guru Nanak Sikh Center Utility AgreementThe Engineering Department recommends that the Delta Township Board approve the MunicipalUtility Agreement submitted by Guru Nanak Sikh Center for the installation of the public watermain to accommodate the construction of a proposed 10,074 square foot building located in Section21 of Delta Township.

6. Referral of Diane Carlson Rezoning Request to the Planning Commission for the Purpose ofHolding a Public Hearing in Case No. 8-19-10.The Planning Department recommends that the Delta Township Board refer Ms. Diane Carlson’srequest to rezone the property described in Case No. 8-19-10 from O, Office, to RC, ModerateDensity Residential, to the Planning Commission for the purposes of holding a public hearing on thematter and submitting a recommendation to the Township Board.

XII. ITEMS REMOVED FROM CONSENT AGENDA FOR DISCUSSION

XIII. ITEMS ADDED TO AGENDA UNDER SECTION V. SET/ADJUST AGENDA

XIV. ITEMS OF BUSINESS

7. Request for Formal Termination of Gillespie Westbury Commons East-West Collector RoadRight-of-Way EasementThe Planning Department recommends that the Delta Township Board execute the “Termination ofEasement” with Mr. Patrick K. Gillespie as prepared by staff, which will result in the termination ofthe easement and right of- way granted to the Township by Mr. Gillespie via the instrument datedMay 20, 1997, recorded in Liber 1176, Pages 293 through 295, Eaton County, Michigan, Register ofDeeds, as per the provisions set forth in said instrument.

XV. MANAGER’S REPORT

XVI. COMMITTEE OF THE WHOLE

8. IFT Audit Presentation

9. AMAR Audit Presentation

10. Executive SessionThe Manager’s Office recommends that the Delta Township Board adjourn to Executive Session atthe request of the Township Manager under the Open Meetings Act (Act 267 of 1976), Section15.268 (c) for strategy and negotiation sessions connected with the negotiation of a collectivebargaining agreement.

XVII. PUBLIC COMMENTS (maximum five minutes)

XVIII. ADJOURNMENT

CHARTER TOWNSHIP OF DELTA

MARY R. CLARK, TOWNSHIP CLERK Phone (517) 323-8500

Individuals with disabilities attending Township meetings or hearings and requiring auxiliary aids or services should contact Township Manager and ADA Coordinator Brian T. Reed by email at [email protected] or calling (517) 323-8590 to inform him of the date of the meeting or hearing that will be attended. Copies of minutes may be purchased or viewed in the Clerk's Office from 8 a.m. to 5 p.m., Monday through Friday.


RESOLUTION OF RECOGNITION

LARRY MERRILL

WHEREAS, Larry Merrill served the members of the Michigan Townships Association (MTA) for nearly four decades before retiring on June 30, 2019; and WHEREAS, Mr. Merrill joined the MTA in 1980 serving as the organization training coordinator and editor of The Michigan Township News. In 2000, under the general direction of the Board of Directors, Larry Merrill was appointed the fourth executive director of the MTA; and WHEREAS, during his MTA career, Merrill earned a reputation as an expert on organization governance and administration, public finance, public safety services and land use regulations. Additionally, Merrill has written several of MTA’s publications, including On-Call Fire Departments, Building a Better Budget, and the Trustee’s Guide to Township Government. He also wrote Political Implications of Intergovernmental Cooperation for the Southeast Michigan Council of Governments and co-wrote Survival Guide for Local Elected Leaders, published by the National Association of Towns and Townships; and WHEREAS, in addition to his professional contributions, Larry Merrill has been an active and valued member of the Delta Township Community and was recently appointed to serve as the Delta Township representative on the Lansing Board of Water and Light. NOW THEREFORE, BE IT HEREBY RESOLVED that on this third day of September two-thousand nineteen the Delta Township Board recognizes Larry Merrill for his outstanding service to the Michigan Townships Association and Delta Township and wishes to extend their congratulations on his retirement.

________________________________ _________________________________ Supervisor Kenneth R. Fletcher Clerk Mary R. Clark ________________________________ _________________________________ Trustee Fonda J. Brewer Treasurer Howard A. Pizzo ________________________________ Trustee Andrea M. Cascarilla _________________________________ Trustee Dennis R. Fedewa _________________________________ Trustee Karen J. Mojica

BACK TO AGENDA

Disbursement requests listed on the following pages, totaling

$ 5,050,673.23, have been received and reviewed by the Manager,

Finance Director, and Clerk. It is recommended that all listed

vouchers be approved for payment.

Bond/Debt Payments

Payroll & Related 374,225.69

Refunds 17,046.80

Tax Distributions 3,252,729.07

Vendor Claims 1,406,671.67

Total 5,050,673.23$

Investments

Kenneth R. Fletcher, Township Supervisor

Mary R. Clark, Township Clerk

Howard A. Pizzo, Township Treasurer

FOR TOWNSHIP BOARD MEETING09/03/2019

DELTA CHARTER TOWNSHIPFINANCE REPORT

BACK TO AGENDA

Check Date Check Vendor Name Description Amount

07/28/2019 CCARD 4IMPRINT POCKET SPRAY SANITIZER FOR PROMOTIONAL PURPOSES 1,114.8907/28/2019 CCARD AMAZON MARKETPLACE STANDING DESK, DUAL MONITOR MOUNT, MAT, NEW REFRIGERATOR ‐ MANAGERS OFFICE 634.5207/28/2019 CCARD AMAZON MARKETPLACE HEAVY DUTY ICE BAGS, PAINT, PAINT BRUSHES, TEMPORARY TATTOOS FOR DELTA ROCKS & FIREWORKS 144.7507/28/2019 CCARD AMAZON MARKETPLACE LANYARDS FOR ID CARDS, FILE FOLDERS, GEL PENS, REFILL INK, SECURITY TORX BITS 127.9507/28/2019 CCARD AMAZON MARKETPLACE LIGHT BARS, FLOOD LIGHT, SIDE LIGHTS, SWITCHES FOR NEW ATV 260.8407/28/2019 CCARD AMERICAN ASSOCIATION OF NOTARIES NOTARY SEAL EMBOSSER, MICHIGAN NOTARY SELF‐INKING STAMP 53.4107/28/2019 CCARD BARBEQUE RENEW, INC. GRILL REPAIR ‐ HEAT DEFLECTORS, COATED FLAVORIZER 83.5907/28/2019 CCARD BARRY‐EATON DISTRICT HEALTH TEMPORARY FOOD LICENSE FOR FIREWORKS 77.0007/28/2019 CCARD BEACON ATHLETICS REPAIR KIT FOR CHALKER FIELD LINING 114.8407/28/2019 CCARD BECK'S TRAILER STORE HEAVY DUTY TRAILER SPRINGS, TRAILER HARNESS, A‐FRAME, UBOLTS, ETC. 413.0007/28/2019 CCARD CALL‐EM‐ALL MONTHLY SUBSCRIPTION FOR EMERGENCY NOTIFICATIONS 7.5007/28/2019 CCARD CROWN AWARDS YOUTH SOCCER & BASEBALL PARTICIPATION MEDALS 781.8507/28/2019 CCARD CRUISE N COMFORT BATTERY POWERED AIR CONDITIONER FOR TV TRUCK 4,107.8707/28/2019 CCARD DEAN TRAILWAYS OF MICHIGAN TRANSPORTATION FOR 39ERS TIGERS TRIP 945.0007/28/2019 CCARD DETROIT TIGERS TOCKETS FOR 39ERS TIGERS TRIP 956.0007/28/2019 CCARD DISPLAYS 2 GO PLASTIC HOLDERS FOR DISPLAYING FLYERS/MESSAGES AT PARK RESTROOMS 161.2807/28/2019 CCARD DOMINO'S PIZZA MEALS FOR OVERTIME 27.5107/28/2019 CCARD DROPBOX INC. ADDITIONAL USER LICENSE FOR COMPUTER MEMORY/STORAGE 59.8407/28/2019 CCARD DUNHAMS SPORTS BIKE HELMETS ‐ DALMAC GRANT 30.5107/28/2019 CCARD FACEBOOK ADVERTISING FOR DELTA ROCKS 30.0007/28/2019 CCARD FEDEX BINDING 2019 ASSESSMENT ROLL 58.4107/28/2019 CCARD FIRESIDE GRILL METRO FIRE CHIEFS MEETING ‐ G GINEBAUGH 37.3707/28/2019 CCARD FULL SOURCE, LLC SAFETY YELLOW JACKETS 133.8207/28/2019 CCARD FUNTYME WEST WELLNESS EVENT 38.5007/28/2019 CCARD HORROCKS FARM MARKET ROSE BUSHES FOR LANDSCAPING 131.2007/28/2019 CCARD ICMA JOB POSTING ‐ ASSISTANT MANAGER 100.0007/28/2019 CCARD LANSING ATHLETICS UNIFORM EMBROIDERY 12.0007/28/2019 CCARD MEIJER, INC. STORAGE BAGS, VINEGAR 7.5307/28/2019 CCARD MEIJER, INC. TIMER FOR BOARD ROOM COFFEE POT 12.0707/28/2019 CCARD MEIJER, INC. PHOTO POSTERS, WATER, GRANOLA BARS, COOKIES, BANDAGES FOR 39ERS 109.2607/28/2019 CCARD MEIJER, INC. ICE CREAM BARS, WATER, KOOLAID, BUBBLE BLOWER, CEREAL FOR DELTA ROCKS 137.0207/28/2019 CCARD MEIJER, INC. BUG SPRAY, SUNSCREEN, MARKERS, DISH BRUSH, OVEN CLEANER 50.7207/28/2019 CCARD MICHIGAN STATE POLICE ICHAT BACKGROUND CHECKS 30.0007/28/2019 CCARD NEWSPAPERS.COM SEMI‐ANNUAL ARCHIVE SUBSCRIPTION 74.9007/28/2019 CCARD NFBPA CAREER CENTER JOB POSTING ‐ ASSISTANT MANAGER 350.0007/28/2019 CCARD PAYPAL ANNUAL SUBSCRIPTION ‐ MUSIC FOR TWP VIDEOS 161.54

PAYABLES FOR DELTA CHARTER TOWNSHIP BOARD AGENDA DATE 09/03/2019

07/28/2019 CCARD POP‐ITY POP CORN POPCORN FOR FIREWORKS 133.0007/28/2019 CCARD RADISSON PLAZA HOTEL MAMC SUMMER CONFERENCE PARKING & MEALS ‐ M CLARK 205.8907/28/2019 CCARD ROCKET FIZZ CANDY SHOP CANDY FOR CHILDREN PASSPORT PICTURES 19.9807/28/2019 CCARD ROTARY MULTIFORMS DNR PLAQUES FOR MT HOPE PARK & PATHWAY, DELTA MILLS CANOE LAUNCH, OLD RIVER TRAIL 923.2007/28/2019 CCARD SAM'S CLUB ICE CREAM BARS FOR FIREWORKS 87.7007/28/2019 CCARD SMARTSIGN PARKING LOT SIGNS FOR MT HOPE PARK ‐ STOP, YIELD FOR PEDESTRIANS, NO PARKING 363.1007/28/2019 CCARD SPORTSMAN'S WAREHOUSE TROLLING MOTOR FOR BOAT USED @ SHARP PARK POND 169.9907/28/2019 CCARD STEELCASE FINANCIAL SERVICES INC. LATERAL FILES FOR CAPTAIN'S OFFICE 60.0007/28/2019 CCARD THE WALL STREET JOURNAL MONTHLY SUBSCRIPTION ‐ DIGITAL & PRINT 38.9907/28/2019 CCARD TRACTOR SUPPLY CREDIT PLAN RATCHET, TARP STRAPS 66.9607/28/2019 CCARD VISTAPRINT.COM BUSINESS CARDS ‐ M CALUS 28.6007/28/2019 CCARD WAL‐MART STORES, INC. GATORADE & WATER FOR REHAB; GATORADE, WATER, BUGSPRAY FOR FIREWORKS 150.8207/28/2019 CCARD WAL‐MART STORES, INC. CHALKBOARD PAINT, CHALK, STORAGE BOXES, ROLLER BRUSH, GORILLA TAPE FOR DELTA ROCKS 85.2907/28/2019 CCARD WAL‐MART STORES, INC. BIKE HELMETS ‐ DALMAC GRANT 119.7607/28/2019 CCARD WAL‐MART STORES, INC. STRAINER 5.2708/21/2019 313400 ADT SECURITY SERVICES INC. MONTHLY ALARM MONITORING SERVICE ‐ SEPTEMBER 2019 70.8808/21/2019 313401 SYNCB/AMAZON EXERCISE BALL CHAIRS, FLOAT FOR LIFTSTATION, LEVER‐ACTION BUCKET PUMP 120.9908/21/2019 313402 BLUE CROSS BLUE SHIELD OF MICHIGAN HEALTH INSURANCE ‐ SEPTEMBER 2019 143,565.7508/21/2019 313403 CAPITAL AREA UNITED WAY PAYROLL WITHHOLDING 25.0008/21/2019 313404 CITY OF LANSING GM SANITARY SEWER 425 AGREEMENT (5/16/19 ‐ 6/17/19) 50,742.5308/21/2019 313405 COMCAST SERVICE @ 7708 ADMINISTRATION DR. (8/10/19 ‐ 9/9/19) 32.6208/21/2019 313406 CONSUMERS ENERGY STREET LIGHTS ‐ JULY 2019 3,474.7908/21/2019 313407 DEARBORN NATIONAL LIFE INSURANCE LIFE, ADD, LTD & OPT'L INSURANCE ‐ SEPTEMBER 2019 6,667.3608/21/2019 313408 DELTA DENTAL PLAN OF MICHIGAN DENTAL INSURANCE ‐ SEPTEMBER 2019 16,385.4808/21/2019 313409 EATON COUNTY TREASURER DISTRIBUTION OF SPACE TAX MONIES ‐ JUNE 2019 472.5008/21/2019 313410 HUMANA INSURANCE CO. RETIREES MEDICAL INSURANCE ‐ SEPTEMBER 2019 15,722.8008/21/2019 313411 LANSING BOARD OF WATER & LIGHT WHOLESALE WATER BILLING ‐ JULY 2019, SERVICE @ 7812 W WILLOW HWY (6/14/19 ‐ 7/22/19) 277,502.5908/21/2019 313412 LOWES BUSINESS ACCOUNT SUPPLIES & MATERIALS FOR MULTIPLE DEPTS ‐ JULY 2019 1,629.6608/21/2019 313413 DESIGN HEATING & AIR CONDITIONING REFUND CANCELLED PERMITS #PM190465 & #PM190466 335.0008/21/2019 313414 CAPITAL REAL ESTATE TAX SERVICES REFUND SUMMER TAX OVERPAYMENTS ‐ MULTIPLE PARCELS 13,016.6208/21/2019 313415 UPS SHIPPING CHARGES 31.7108/21/2019 313416 TRI COUNTY TITLE AGENCY ‐ MI LLC W/S REFUND FOR ACCOUNT: 00032667 35.8208/21/2019 313417 HUNDT, MICHAEL D W/S REFUND FOR ACCOUNT: 00028783 37.4208/21/2019 313418 ATA NATIONAL TITLE GROUP, LLC W/S REFUND FOR ACCOUNT: 00029274 220.9708/21/2019 313419 COSTELLO, MALINDA W/S REFUND FOR SECURITY DEPOSIT ACCOUNT: 00033695 28.1808/21/2019 313420 POHL, JONATHAN W/S REFUND FOR ACCOUNT: 00030366 18.3408/21/2019 313421 GLEASON, JACK W/S REFUND FOR ACCOUNT: 00025427 5.1108/21/2019 313422 DIVERSIFIED NATIONAL TITLE AGENCY W/S REFUND FOR ACCOUNT: 00034502 16.5908/21/2019 313423 ATA NATIONAL TITLE W/S REFUND FOR ACCOUNT: 00010877 18.4908/21/2019 313424 MULLINGS, MARY W/S REFUND FOR ACCOUNT: 00020947 161.7508/28/2019 313425 LEE ACKERSON SOFTBALL UMPIRE RAIN‐OUT & PLAYOFF PAYROLL (7/22/19 ‐ 8/15/19) 60.00

08/28/2019 313426 AT&T PHONE SERVICE @ RECYCLING CENTER (8/13/19 ‐ 9/12/19) 68.5908/28/2019 313427 AT&T MOBILITY WIRELESS MODEM ‐ ENGINEERING ‐ JUNE & JULY 2019 72.4808/28/2019 313428 RAY BARNES SOFTBALL UMPIRE RAIN‐OUT & PLAYOFF PAYROLL (7/22/19 ‐ 8/15/19) 200.0008/28/2019 313429 JILL BLACK SOFTBALL SCOREKEEPER (7/29/19 ‐ 8/15/19) 180.0008/28/2019 313430 CLARENCE CLARK SOFTBALL UMPIRE RAIN‐OUT PAYROLL (7/22/19 ‐ 8/15/19) 120.0008/28/2019 313431 COMCAST SERVICE @ MULTIPLE PROPERTIES (8/29/19 ‐ 10/6/19) 282.1708/28/2019 313432 CONNIE COMPTON SOFTBALL SCOREKEEPER (7/29/19 ‐ 8/15/19) 170.0008/28/2019 313433 TODD COMPTON SOFTBALL UMPIRE RAIN‐OUT & PLAYOFF PAYROLL (7/22/19 ‐ 8/15/19) 140.0008/28/2019 313434 CONSUMERS ENERGY SERVICE @ MULTIPLE LOCATIONS (6/26/19 ‐ 8/6/19) 688.4708/28/2019 313435 JAMIE EVANS SOFTBALL UMPIRE RAIN‐OUT & PLAYOFF PAYROLL (7/22/19 ‐ 8/15/19) 20.0008/28/2019 313436 SOLUNA FUENTES TENNIS INSTRUCTOR (7/30/19 ‐ 8/13/19) 108.0008/28/2019 313437 JASON GIBSON SOFTBALL UMPIRE RAIN‐OUT & PLAYOFF PAYROLL (7/22/19 ‐ 8/15/19) 60.0008/28/2019 313438 GRANGER CONTAINER SERVICE @ MULTIPLE LOCATIONS ‐ AUGUST 2019 1,579.7908/28/2019 313439 ART JONES SOFTBALL UMPIRE RAIN‐OUT & PLAYOFF PAYROLL (7/22/19 ‐ 8/15/19) 200.0008/28/2019 313440 ROSS JONES SOFTBALL UMPIRE RAIN‐OUT & PLAYOFF PAYROLL (7/22/19 ‐ 8/15/19) 450.0008/28/2019 313441 LANSING BOARD OF WATER & LIGHT SERVICE @ MULTIPLE LOCATIONS (7/15/19 ‐ 8/18/19) 1,247.7508/28/2019 313442 JOE LOPEZ SOFTBALL UMPIRE RAIN‐OUT & PLAYOFF PAYROLL (7/22/19 ‐ 8/15/19) 60.0008/28/2019 313443 DAVID MILLER SOFTBALL SCOREKEEPER (7/29/19 ‐ 8/15/19) 80.0008/28/2019 313444 MARTEZ WILSON REFUND SECURITY DEPOSIT ENRICHMENT CENTER 250.0008/28/2019 313445 BETHE CARRIER REFUND SECURITY DEPOSIT COMMUNITY CENTER 250.0008/28/2019 313446 MALIKAH GREGORY REFUND SECURITY DEPOSIT COMMUNITY CENTER 250.0008/28/2019 313447 LAURIE HOCKING REFUND SECURITY DEPOSIT COMMUNITY CENTER 250.0008/28/2019 313448 WILLIAM CRENSHAW REFUND PERMIT CHARGES SHARP PARK SHELTER RENTAL 50.0008/28/2019 313449 PAMELA THELEN REFUND SECURITY DEPOSIT COMMUNITY CENTER 250.0008/28/2019 313450 DANIEL PLYLER SOFTBALL UMPIRE RAIN‐OUT & PLAYOFF PAYROLL (7/22/19 ‐ 8/15/19) 180.0008/28/2019 313451 SHARON POTTER SOFTBALL SCOREKEEPER (7/29/19 ‐ 8/15/19) 110.0008/28/2019 313452 LANCE QUEEN SOFTBALL UMPIRE RAIN‐OUT & PLAYOFF PAYROLL (7/22/19 ‐ 8/15/19) 60.0008/28/2019 313453 RYAN ROBERTS SOFTBALL UMPIRE RAIN‐OUT & PLAYOFF PAYROLL (7/22/19 ‐ 8/15/19) 80.0008/28/2019 313454 JESS RUIZ SOFTBALL UMPIRE RAIN‐OUT & PLAYOFF PAYROLL (7/22/19 ‐ 8/15/19) 90.0008/28/2019 313455 TERESA SALISBURY SOFTBALL SCOREKEEPER (7/29/19 ‐ 8/15/19) 20.0008/28/2019 313456 BECKY SCHEEL SOFTBALL SCOREKEEPER (7/29/19 ‐ 8/15/19) 100.0008/28/2019 313457 JIM SEDICK SOFTBALL UMPIRE RAIN‐OUT & PLAYOFF PAYROLL (7/22/19 ‐ 8/15/19) 20.0008/28/2019 313458 RON SMOKER SOFTBALL UMPIRE RAIN‐OUT & PLAYOFF PAYROLL (7/22/19 ‐ 8/15/19) 120.0008/28/2019 313459 KRISTIN SWISHER TENNIS INSTRUCTOR (7/30/19 ‐ 8/13/19) 216.0008/28/2019 313460 WAHLS, JAMES T REFUND SUMMER TAX OVERPAYMENT OLD LANSING RD 3.0008/28/2019 313461 BELL TITLE AGENCY OF OKEMOS REFUND SUMMER TAX OVERPAYMENT 435 STOLL RD 1,625.5808/28/2019 313462 ALBERTA TEDERINGTON SOFTBALL SCOREKEEPER (7/29/19 ‐ 8/15/19) 170.0008/28/2019 313463 VERIZON MACHINE TO MACHINE SCADA SYSTEM (7/20/19 ‐ 8/19/19) 524.7908/28/2019 313464 TITLE RESOURCE AGENCY W/S REFUND FOR ACCOUNT: 00012570 17.4708/28/2019 313465 CURTIS, JEAN E. W/S REFUND FOR ACCOUNT: 00261999 35.6708/28/2019 313466 SILVESTRO II, MARC S W/S REFUND FOR ACCOUNT: 00029476 161.86

08/28/2019 313467 ATA NATIONAL TITLE GROUP, LLC W/S REFUND FOR ACCOUNT: 00009080 8.9308/28/2019 313468 VOYANT COMMUNICATIONS PHONE & INTERNET SERVICE ‐ AUGUST 2019 3,933.3508/29/2019 EFT EATON COUNTY TREASURER TAX DISTRIBUTIONS 8/15/19 1,272,347.8708/29/2019 EFT EATON RESA TAX DISTRIBUTIONS 8/15/19 143,573.1108/29/2019 EFT GRAND LEDGE PUBLIC SCHOOLS TAX DISTRIBUTIONS 8/15/19 826,914.9808/29/2019 EFT INGHAM INTERMEDIATE SCHOOLS TAX DISTRIBUTIONS 8/15/19 233,795.2408/29/2019 EFT LANSING COMMUNITY COLLEGE TAX DISTRIBUTIONS 8/15/19 431,321.4608/29/2019 EFT LANSING PUBLIC SCHOOLS TAX DISTRIBUTIONS 8/15/19 5,312.0308/29/2019 EFT WAVERLY COMMUNITY SCHOOLS TAX DISTRIBUTIONS 8/15/19 339,464.3809/03/2019 EFT INSIGHT NORTH AMERICA LLC INVESTMENT ADVISORY SERVICES ‐ JULY 2019 1,827.0909/04/2019 313473 A‐1 MECHANICAL TOWER BUILDING A/C REPAIR 214.0009/04/2019 313474 ABLE CONCRETE, INC. 2019 SIDEWALK REPLACEMENT PROGRAM ‐ ZONE 4 133,792.1309/04/2019 313475 ALLEGRA PRINT & IMAGING FALL 2019 DELTA MAGAZINE 8,425.8909/04/2019 313476 ALRO STEEL GRAY PLASTIC SHEETS FOR STOCK 673.2009/04/2019 313477 AMERICAN PLANNING ASSOCIATION ANNUAL MEMBERSHIP DUES ‐ APA, MI CHAPTER & AICP ‐ D WALIGORA 544.0009/04/2019 313478 AMERICAN RENTALS, INC. PORTABLE TOILETS 765.0009/04/2019 313479 AUTO VALUE PARTS STORE COOLANT/ANTIFREEZE, SCREW CLAMPS, ALTERNATOR, DIESEL EXHAUST FLUID, LUGNUTS, ETC. 223.4109/04/2019 313480 AUTO ZONE BATTERIES FOR GENERATORS 265.9709/04/2019 313481 BARYAMES CLEANERS INC. FIRE & EMS UNIFORMS ‐ LAUNDRY 368.6509/04/2019 313482 BREATHING AIR SYSTEMS NEW DAMPER FOR COMPRESSOR 204.7009/04/2019 313483 CAREFREE CREATIONS, LLC 60" CEDAR BENCHES (x6) 3,214.0009/04/2019 313484 CDW GOVERNMENT, INC. MS SURFACE LAPTOP, COVER, PROTECTIVE CASE & PEN 783.6609/04/2019 313485 CINTAS CORPORATION #725 MATS FOR SUBSTATION 35.0009/04/2019 313486 CITY OF LANSING GM SANITARY SEWER 425 AGREEMENT (6/17/19 ‐ 7/15/19) 49,536.2809/04/2019 313487 CMP DISTRIBUTORS, INC. TACTICAL FLASHLIGHT & BATTERY 285.0009/04/2019 313488 D&G EQUIPMENT INC. SYNTHETIC OIL, BATTERY 131.2509/04/2019 313489 DOXIM, INC. PROCESS, PRINT, FOLD, INSERT, MAIL W/S BILLS ‐ SEPT 2019 TURN‐OFF 301.5009/04/2019 313490 DAVID CHAPMAN AGENCY, INC. AUTO INSURANCE PREMIUM ADJUSTMENT 496.0009/04/2019 313491 TED DROSTE REIMBURSE MAA ANNUAL CONFERENCE LODGING 418.8609/04/2019 313492 EATON COUNTY REIMBURSE 56A DISTRICT COURT PMTS ‐ JULY 2018 2,399.5109/04/2019 313493 EATON COUNTY TREASURER SHERIFF CONTRACTUAL ‐ SEPTEMBER 2019 262,730.0009/04/2019 313494 EATON COUNTY TREASURER 2019 JULY BOARD OF REVIEW ‐ 2016, 2017, 2018 TAX YEARS 419.7709/04/2019 313495 EATON COUNTY DRAIN COMMISSION PROFESSIONAL SERVICES ‐ OLD RIVER TRAIL PATHWAY 377.0009/04/2019 313496 EATON COUNTY ROAD COMMISSION PROGRESS BILL ‐ OLD RIVER TRAIL PATHWAY 2,491.0009/04/2019 313497 EMERGENCY VEHICLE SERVICES, INC. FIRE SUPPRESSION FOAM 555.0009/04/2019 313498 ETNA SUPPLY COMPANY FROZEN SPRINKLER METER REPLACEMENT 2,035.5009/04/2019 313499 EUROFINS EATON ANALYTICAL, INC. SAMPLE TESTING ‐ GROSS ALPHA, RADIUM 1,262.0009/04/2019 313500 FIRE SERVICE MANAGEMENT, LLC TURNOUT GEAR REPAIR 57.5009/04/2019 313501 FIRST ADVANTAGE OCCUPATIONAL HEALTH EMPLOYEE DRUG TEST 42.0009/04/2019 313502 O'REILLY AUTO PARTS AUTO BATTERY, POWER CONE POLISHER, VEHICLE POLISH 160.4309/04/2019 313503 FLEETPRIDE D‐2 GOVERNOR, TANK VALVE 1.35

09/04/2019 313504 FCI AUTOMATION ASSEMBLY, UNION TEE QUICK CONNECT FITTINGS 257.5009/04/2019 313505 FROHM & WIDMER, INC. MICHIGAN TAX TRIBUNAL APPRAISAL REPORT ‐ WALMART STORE 10,000.0009/04/2019 313506 GRAINGER SOLENOID VALVE, SLIP SOCKETS 123.0109/04/2019 313507 THE GRAND HOTEL BALANCE DUE FOR 39ERS GRAND HOTEL TRIP 25,245.0009/04/2019 313508 GRAND LEDGE FORD ELEMENT, NUTS & BOLTS FOR AMBULANCE REPAIR 84.3109/04/2019 313509 GRAYMONT CAPITAL, INC. HIGH CALCIUM QUICKLIME 5,120.0009/04/2019 313510 HACH COMPANY REPAIR PARTS FOR FLOW METERS 352.7509/04/2019 313511 HAMMOND FARMS SLATE COPING 202.4409/04/2019 313512 HAVILAND PRODUCTS COMPANY BICARBONATE OF SODA 1,760.0009/04/2019 313513 HENDERSON GLASS, INC. WINDSHIELD REPAIR 29.9509/04/2019 313514 JAMMIN' DJ'S LLC DJ SERVICE FOR TRICK OR TREAT TRAIL 300.0009/04/2019 313515 KENDALL ELECTRIC, INC. CLOCK MOTOR, LIGHT BULBS 134.8209/04/2019 313516 KENNEDY INDUSTRIES, INC. LUBRICANT 123.7509/04/2019 313517 KEUSCH TIRE AND TOWING BRAKE INSPECTION ‐ REPLACE FRONT CALIPERS, PADS, ROTORS & SEALS 1,016.3709/04/2019 313518 LANSING UNIFORM CO. BLOUSE COATS, COAT STRIPES, DRESS SHOES, BELL CROWN HAT, DRESS PANTS, DRESS SHIRT 654.8509/04/2019 313519 LARRY CUSHION TROPHIES & ENGRAVING BRONZE PLAQUE FOR MT HOPE PARK 1,720.0009/04/2019 313520 LOOKING GLASS REGIONAL FIRE REIMBURSE FOR DELTA FIRE CHARGES TO LGRFA CREDIT CARD 34.8409/04/2019 313521 MARK'S LOCK SHOP, INC. BUILDING KEYS 28.0009/04/2019 313522 MCKENNA ASSOCOCIATES, INC. PROFESSIONAL SERVICES ‐ DELTA COMPREHENSIVE PLAN UPDATE ‐ JULY 2019 2,340.0009/04/2019 313523 MENARDS DEHUMIDIFIER, AIR CIRCULATOR, ADHESIVE, WORK GLOVES, FUNNELS, HORNET SPRAY, ETC. 413.0909/04/2019 313524 MECHANICAL INSPECTORS ASSOC OF MI FALL CONFERENCE REGISTRATION ‐ N FOLTZ 335.0009/04/2019 313525 MID‐STATES BOLT & SCREW CO. HEX FINISH NUTS FOR THOMAS L LIFTSTATION 124.3209/04/2019 313526 MICHIGAN MUNICIPAL LEAGUE EMPLOYMENT WEBSITE AD 195.9609/04/2019 313527 MOORE & BRUGGINK, INC. PROFESSIONAL SERVICES ‐ OLD RIVER TRAIL PATHWAY, DELTA MILLS/HAWK MEADOW CONNECTOR 18,558.9009/04/2019 313528 MUNICIPAL SUPPLY CO. 1" SOFT COPPER 2,058.0009/04/2019 313529 NCL OF WISCONSIN FILTERS, CHEMICALS, BUFFER SOLUTION, PETRI DISHES, DISPOSABLE CUVETS, 3‐WAY PIPET BULBS, ETC. 2,436.2909/04/2019 313530 NORTH GRAND RIVER COOPERATIVE DELTA FIRE MEDICAL LINENS ‐ JULY 2019 25.9609/04/2019 313531 OHM ADVISORS PROFESSIONAL SERVICES THROUGH 7/27/19 ‐ SANITARY SEWER MODELING 8,457.5009/04/2019 313532 PAXTON COUNTERTOPS NEW COUNTERTOPS & BACKSPLASH ‐ STATION #1 4,074.0009/04/2019 313533 PHOENIX SAFETY OUTFITTERS NEW TURNOUT COATS & PANTS (x10) 22,720.0009/04/2019 313534 PIAM 2019 FALL CONFERENCE REGISTRATION ‐ N FOLTZ 325.0009/04/2019 313535 RESERVE ACCOUNT ADDITIONAL POSTAGE FUNDS 10,000.0009/04/2019 313536 PROCESS ENGINEERING & EQUIPMENT CO. AIR DIAPHRAGM PARTS 2,985.8009/04/2019 313537 PROVIDENCE CONSULTING COMPANY OFFICE 365 BUSINESS ESSENTIALS W/THREAT PROTECTION ‐ SEPTEMBER 2019 1,572.9009/04/2019 313538 PULSE DESIGN, INC. INFORMATIVE SIGNS FOR POLLINATOR GARDEN AT WILLOW CANOE LAUNCH ‐ PYMT #2 1,120.0009/04/2019 313539 ROSE PEST SOLUTIONS MONTHLY PEST CONTROL ‐ STATION #1 42.0009/04/2019 313540 SCARLETT EXCAVATING, INC. CONTRACTOR PAY APP 1 ‐ SAGINAW WATERMAIN CROSSING 225,083.0509/04/2019 313541 SHERWIN‐WILLIAMS PAINT & BRUSHES 157.8709/04/2019 313542 SKYWATCH SERVICES, LLC EMERGENCY NOTIFICATION ALERT SYSTEM THROUGH 12/31/19 150.0009/04/2019 313543 SME PROFESSIONAL SERVICES ‐ STATION #3 PAVEMENT RECONSTRUCTION & DELTA MILLS CANOE LAUNCH 5,058.6009/04/2019 313544 SPARROW OCCUPATIONAL HEALTH EMPLOYEES PHYSICAL EXAMS, DRUG SCREEN, BLOOD WORK 689.00

09/04/2019 313545 STARTER & ALTERNATOR SHOP ALTERNATOR 165.0009/04/2019 313546 STATE OF MICHIGAN ELEVATOR CERTIFICATE OF OPERATION RENEWAL ‐ ADMIN BLDG 195.0009/04/2019 313547 SUNDANCE CHEVROLET BRAKE PAD KIT, ROTORS, VEHICLE BATTERIES, BRACKET 654.3509/04/2019 313548 THRUN LAW FIRM P.C. LEGAL INVOICES #255497 ‐ #255499 4,602.4009/04/2019 313549 TSI INCORPORATED MAINTENANCE CONTRACT FOR SCBA FIT TESTER 1,920.0009/04/2019 313550 ULINE, INC 6ml POLYBAGS 103.2309/04/2019 313551 VIDCOM SOLUTIONS CLEANED, ADJUSTED, LUBRICATED FAULTY DOOR LATCHES 351.2509/04/2019 313552 VIRIDIS DESIGN GROUP PROFESSIONAL SERVICES ‐ MT HOPE PARK & DELTA MILLS CANOE LAUNCH 2,565.2009/04/2019 313553 DAVID WALIGORA MILEAGE REIMBURSEMENT 113.1009/04/2019 313554 WEST MICHIGAN INTERNATIONAL LLC TRANSDUCER AIR KIT 214.9409/04/2019 313555 WEST SHORE FIRE INC. LEATHER STRUCTURAL BOOTS 629.9209/04/2019 313556 WEST SHORE SERVICES, INC. PUBLIC WARNING SIREN REPAIR 3,443.2109/04/2019 313557 WEST SIDE WATER SYSTEM CONSTRUCTION & ENGINEERING FOR 12" EMERGENCY INTERCONNECT STUB 18,500.5009/04/2019 313558 WINDSOR TOWNSHIP AMBULANCE REIMBURSE FOR ASSISTANCE WITH A DELTA RESIDENT CALL 200.00

PAYABLES 4,676,472.54PAYROLL P.E. 08/24/2019 374,200.69

5,050,673.23$

CHARTER TOWNSHIP OF DELTA Public Meeting Room A

Delta Township Administration Building 7710 West Saginaw Highway

Lansing MI 48917

TOWNSHIP BOARD REGULAR MEETING MINUTES FOR MONDAY, August 19, 2019

I. CALL TO ORDER

Supervisor Fletcher called the meeting to order at 6:00 PM.

II. OPENING CEREMONIES – Pledge of Allegiance

III. ROLL CALL

Members Present: Supervisor Kenneth R. Fletcher, Treasurer Howard A. Pizzo,Clerk Mary R. Clark, Trustee Fonda Brewer, Trustee Andrea M. Cascarilla, Trustee Dennis R. Fedewa, and Trustee KarenJ. Mojica

Members Absent: Manager Brian T. Reed

Others Present: Utilities Director Rick Kane, Parks and Recreation Director Marcus Kirkpatrick, Planning Director Gary Bozek, Engineering Director Ernie West, Financial Director Jeff Anderson, Lt. Ross Tyrell, Attorney Gordie Van Wieren Jr.

IV. PRESENTATIONS AND PROCLAMATIONS1. Badge Pinning

a. James Fitzsimmonsb. Shea Petersc. Aaron Barrigard. Trevor Huisman

Chief Ginebaugh and Assistant Chief Roman conducted the oath of office and badge pinning ceremony for the new Delta Township Firefighter/Paramedics.

V. SET/ADJUST AGENDA

TRUSTEE CASCARILLA MOVED TO APPROVE THE AGENDA ASPRESENTED.

TRUSTEE BREWER SUPPORTED THE MOTION. THE MOTION PASSED 7-0

BACK TO AGENDA

VI. PUBLIC HEARINGS

VII. COMMUNICATIONS

VIII. PUBLIC COMMENTS FOR ITEMS NOT ON AGENDA (maximum two minutes)

IX. INTRODUCTION OF ORDINANCES

X. PASSAGE OF ORDINANCES

2. Passage of the Proposed Zoning Ordinance Amendments

TRUSTEE PIZZO MOVED THAT THE DELTA TOWNSHIP BOARD ADOPT THE ZONING ORDINANCE TEXT AMENDMENT, DESCRIBED IN CASE NO. 7-19-8, TO SECTION 9.02, TABLE 9.02-A.1, SITE DEVELOPMENT STANDARDS FOR ACCESSORY BUILDINGS, ADDING A FIFTH FOOT NOTE, WITH THE FOLLOWING TEXT: 5. THERE SHALL BE NO LIMIT ON ACCESSORY BUILDING FLOOR AREA WITHIN THE ZONING DISTRICT IN WHICH IT IS LOCATED WHEN ASSOCIATED WITH AN INSTRUCTIONAL USE. THE FRONT SETBACK SHALL AT MINIMUM ALIGN WITH THE PRINCIPLE STRUCTURE, THE SIDE AND REAR SETBACKS SHALL BE A MINIMUM OF 20 FEET, AND THE MAXIMUM HEIGHT SHALL NOT EXCEED 25 FEET MEASURED FROM BASE OF THE BUILDING TO ITS PEAK.” FURTHER, I MOVE THAT THE DELTA TOWNSHIP BOARD ADOPT THE ZONING ORDINANCE TEXT AMENDMENT DESCRIBED IN CASE NO. 7-19-8, TO SECTION 4.18 DISTRICT USE TABLE, TABLE 4.18 – B.1 DISTRICT USE TABLE, ROW ENTITLED: PRIMARY/SECONDARY SCHOOLS, ADDING THE LETTER “S” TO THE OFFICE AND COMMERCIAL COLUMNS. THE CLERK IS HEREBY DIRECTED TO PUBLISH NOTICE OF ORDINANCE ADOPTION IN A LOCAL NEWSPAPER.

TRUSTEE FEDEWA SUPPORTED THE MOTION. THE MOTION PASSED 7-0.

3. Passage of the New Fireworks Ordinance

CLERK CLARK MOVED THAT THE DELTA TOWNSHIP BOARD ADOPT THE ORDINANCE, ADDING ARTICLE VI TO CHAPTER 16 (FIRE PREVENTION AND PROTECTION) TO THE DELTA TOWNSHIP CODE OF ORDINANCES, PERTAINING TO FIREWORKS. THE TOWNSHIP CLERK IS HEREBY DIRECTED TO PUBLISH A NOTICE OF ADOPTION OF THE ORDINANCE IN LOCAL NEWSPAPERS AND THE ORDINANCE SHALL TAKE EFFECT UPON PUBLICATION.

TRUSTEE CASCARILLA SUPPORTED THE MOTION. THE MOTION PASSED 7-0.

AUGUST 19, 2019 TOWNSHIP BOARD MINUTES – REGULAR MEETING CHARTER TOWNSHIP OF DELTA Page 2 of 9

AN ORDINANCE OF THE CHARTER TOWNSHIP OF DELTA, EATON COUNTY, MICHIGAN, PROVIDING THAT THE CODE OF ORDINANCES BE AMENDED BY ADDING ARTICLE VI (“FIREWORKS”) TO CHAPTER 16 (“FIRE PREVENTION AND PROTECTION”) TO DEFINE TYPES OF FIREWORKS; TO PRESCRIBE THE DATES ON WHICH THE IGNITION, DISCHARGE, AND USE OF CONSUMER FIREWORKS ARE PERMITTED AND NOT SUBJECT TO REGULATION; TO IMPOSE CIVIL FINES, IN ACCORDANCE WITH STATE LAW, FOR VIOLATIONS THEREOF; TO PROSCRIBE OTHER CONDUCT; TO ALLOW THE YEAR-ROUND USE OF LOW-IMPACT FIREWORKS; TO REQUIRE AN APPLICATION AND PERMIT FOR THE IGNITION, DISCHARGE, AND USE OF ARTICLES PYROTECHNIC AND DISPLAY FIREWORKS; TO REPEAL CONFLICTING ORDINANCES; AND TO PROVIDE AN EFFECTIVE DATE HEREOF.

The Charter Township of Delta, Eaton County, Michigan ordains:

SECTION I

ADDITION OF CHAPTER 16, ARTICLE VI. The Code of Ordinances is hereby amended by adding Article VI to Chapter 16 and sections, to be numbered Sec. 16-81 through Sec. 16-86, which such article and sections read as follows:

Sec. 16-81. – Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Act means the Michigan fireworks safety act, Public Act No. 256 of 2011 (MCL 28.451 et seq., as amended).


DELTA CHARTER TOWNSHIPEATON COUNTY, MICHIGAN

ORDINANCE NUMBER _______

PREAMBLE

At a duly scheduled and noticed meeting of the Township Board of the Charter Township of Delta, Eaton County, Michigan, held at the Delta Township Offices on July 10, 2017 at 6:00 p.m., Township Board Member _________________ moved to reintroduce the following Ordinance, which motion was seconded by Township Board Member ________________. The Ordinance was originally introduced by the Board on June 19, 2017.


Articles pyrotechnic means pyrotechnic devices for professional use that are similar to consumer fireworks in chemical composition and construction but not intended for consumer use, that meet the weight limits for consumer fireworks but are not labeled as such, and that are classified as UN0431 or UN0432 under 49 CFR 172.101.

Consumer fireworks means fireworks devices that are designed to produce visible effects of combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 CFR parts 1500 and 1507, and that are listed in APA Standard 87-1, 3.1.2., 3.1.3., or 3.5. Consumer fireworks does not include low-impact fireworks.

Display fireworks means large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration, or detonation, as provided in 27 CFR 555.11, 49 CFR 172, and APA Standard 87-1, 4.1.

Low-impact fireworks means ground and handheld sparkling devices as that phrase is defined under APA Standard 87-1, 3.1., 3.1.1.1 to 3.1.1.8, and 3.5.

All other terms used in this article shall have the same meaning as defined or as provided in the Act.

Sec. 16-82. – Ignition, Discharge, or Use of Consumer Fireworks.

No person shall ignite, discharge, or use consumer fireworks in the township; except that this prohibition shall not preclude any person from igniting, discharging, or using consumer fireworks within the township after 11:00 a.m. on the following days:

(a) December 31 until 1:00 a.m. on January 1,(b) the Saturday and Sunday immediately preceding Memorial Day until 11:45

p.m. on each of those days,(c) June 29 to July 4 until 11:45 p.m. on each of those days,(d) July 5, if that date is a Friday or Saturday, until 11:45 p.m., or(e) the Saturday and Sunday immediately preceding Labor Day until 11:45 p.m.

on each of those days.

Sec. 16-83. – Exception.

If the state department of natural resources fire division elevates fire conditions to extreme or very high for 72 consecutive hours, the fire chief in consultation with the department of natural resources may enforce a no burning restriction that includes a ban on the ignition, discharge, or use of consumer fireworks notwithstanding the days generally exempt and listed in sec. 16-82. The fire chief shall be responsible for ensuring that adequate advance notice of the burning restriction is provided to the public.

(a) No person shall ignite, discharge or use consumer fireworks on public property, schoolproperty, church property, or the property of another person without that organization’s orperson’s express permission to use those fireworks on those premises. A violation of thissubsection is punishable by a state civil infraction and a civil fine of $500.00.

(b) No person shall sell consumer fireworks to a minor. A violation of this subsection ispunishable by a civil fine of $1,000.00, and, for a second or subsequent violation, a civilfine of $2,500.00.

(c) No person shall discharge, ignite or use consumer fireworks or low-impact fireworkswhile under the influence of alcoholic liquor, controlled substance, or a combinationthereof. A violation of this subsection is punishable by a state civil infraction and a civilfine of $1,000.00.

Sec. 16-85 – Low-Impact Fireworks.

A person may use low-impact fireworks year-round.

Sec. 16-86 – Ignition, Discharge, or Use of Articles Pyrotechnic and Display Fireworks; Application and Permit Required.

(a) No person shall discharge, ignite, or use articles pyrotechnic nor display fireworkswithout first submitting an application to the township on the form available online andprescribed by the state department of licensing and regulatory affairs, or its successor,and receiving a permit from the township in compliance with the Act.

(b) An application submitted under this section shall be made in writing at least 30 daysbefore the day of the proposed use.

(c) The township may charge and collect a fee to issue a permit, which fee shall beretained by the township.

(d) A permit is not transferable and shall not be issued to a minor.


Sec. 16-84 – Enforcement.

A person who violates any provision of this article shall be subject to a civil fine of $1,000.00 for each violation, unless specifically provided otherwise. If such a civil fine is assessed, $500.00 of the fine collected will be remitted to the local law enforcement agency responsible for enforcing the ordinance.

Sec. 16-84 – Prohibited Conduct; Penalties.

_________________________ Kenneth R. Fletcher, Supervisor

_________________________ Mary R. Clark, Clerk

I, Mary R. Clark, Clerk of the Charter Township of Delta, Eaton County, Michigan, hereby certify that the foregoing is a complete ordinance adopted by the Township Board at its regular meeting on _______________, 2019.

_________________________ Mary R. Clark, Clerk


SECTION II

SEVERABILITY. If any clause, sentence, paragraph or part of this Ordinance shall for any reason be finally adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment is rendered.

SECTION III

REPEAL. All ordinances or parts of ordinances of the Charter Township of Delta inconsistent herein are hereby repealed so far as they may inconsistent with the provisions of this Ordinance.

SECTION IV

EFFECTIVE DATE. This Ordinance shall take effect upon final publication as required by law.

Roll call vote taken:

Absent:

Yeas:

Nays:

XI. CONSENT AGENDA –

TRUSTEE BREWER MOVED TO APPROVE THE CONSENT AGENDA ASPRESENTED.

TRUSTEE MOJICA SUPPORTED THE MOTION. THE MOTION PASSED 7-0.

ROLL CALL:

AYES: SUPERVISOR FLETCHER, CLERK CLARK, TREASURER PIZZO,TRUSTEE BREWER, TRUSTEE CASCARILLA, TRUSTEEFEDEWA, AND TRUSTEE MOJICA

NAYS: NONE

ABSENT:

THE MOTION PASSED 7-0.

4. Bills and Financial Transactions:

TRUSTEE BREWER MOVED TO APPROVE THE BILLS AND FINANCIAL TRANSACTIONS IN THE AMOUNT OF $3,237,372.50.


TRUSTEE BREWER MOVED TO APPROVE THE MINUTES

5. Minutes –

August 5, 2019 Regular Board MeetingAugust 12, 2019 Committee of the Whole Meeting


Bond/Debt Payments $ Investments $ Payroll & Related $ 380,618.23 Refunds $ 2,174.46 Tax Distributions $ 2,469,722.74 Vendor Claims $ 384,857,.07

Total $ 3,237,372.50


6. Planning Commission Transmittal of the 2020 Capital Improvements Plan

TRUSTEE BREWER MOVED THAT THE DELTA TOWNSHIP BOARD ACKNOWLEDGE RECEIPT OF THE 2020 CAPITAL IMPROVEMENTS PLAN AS PREPARED AND ADOPTED BY THE DELTA TOWNSHIP PLANNING COMMISSION.


XII. ITEMS REMOVED FROM CONSENT AGENDA FOR DISCUSSION

XIII. ITEMS ADDED TO AGENDA UNDER SECTION V. SET/ADJUST AGENDA

XIV. ITEMS OF BUSINESS

7. Purchase of Trackless Tractor

TRUSTEE MOJICA MOVED THAT THE DELTA TOWNSHIP BOARDACCEPTS THE PROPOSAL FROM BELL EQUIPMENT COMPANY, 78NORTHPOINTE DRIVE, LAKE ORION, MICHIGAN 48359, THROUGHTHE MIDEAL BID PROGRAM, FOR THE PURCHASE OF A MT7MUNICIPAL TRACTOR AND ATTACHMENTS AT A COST OF $126,649.

TRUSTEE CASCARILLA SUPPORTED THE MOTION. THE MOTIONPASSED 7-0.

XV. MANAGER’S REPORT – Supervisor Fletcher

Supervisor Fletcher presented updates to the Township Board:

• Library will have new Sunday hours starting September 8, 2019.• Delta Commerce Dr. stop light installed by next spring• Mount Hope Park Grand Opening – Saturday, October 5, 2019

XVI. COMMITTEE OF THE WHOLE

8. Adjourn to Executive Session

TRUSTEE MOJICA MOVED THE DELTA TOWNSHIP BOARD ADJOURN TO EXECUTIVE SESSION AT THE REQUEST OF THE TOWNSHIP MANAGER UNDER THE OPEN MEETINGS ACT (ACT 267 OF 1976), SECTION 15.268, SEC. 8 (H) TO CONSIDER MATERIAL EXEMPT FROM DISCUSSION OR DISCLOSURE BY STATE OR FEDERAL STATUTE.

TRUSTEE CASCARILLA SUPPORTED THE MOTION. 6:17 PM


TRUSTEE FEDEWA MOVED TO END THE BOARD EXECUTIVE CLOSED SESSION AT 6:51 PM

.

TRUSTEE PIZZO SUPPORTED THE MOTION. THE MOTION PASSED 7-0.

XVII. PUBLIC COMMENTS

XVIII. ADJOURNMENT –

Supervisor Fletcher adjourned the meeting at 6:52 PM.


KENNETH R. FLETCHER, SUPERVISOR

MARY R. CLARK, TOWNSHIP CLERK

/tf Dropbox:\Clerk\Board Materials\Board Meetings\Minutes\2019\__________, 2019 Regular Board Meeting Minutes Approved:


Engineering Department (517) 323-8540

7710 West Saginaw Highway • Lansing, Michigan 48917-9712 Phone: (517) 323-8540 • Fax: (517) 327-1760 www.deltami.gov • www.facebook.com/deltatownship • www.twitter.com/deltatownship

Supervisor Kenneth R. Fletcher Treasurer Howard A. Pizzo Clerk Mary R. Clark Manager Brian T. Reed

Trustee Fonda J. Brewer Trustee Andrea M. Cascarilla

Trustee Dennis R. Fedewa Trustee Karen J. Mojica

TO: Supervisor Kenneth R. Fletcher and the Delta Township Board FROM: Ernest A. West, P.E., Township Engineer DATE: August 26, 2019 SUBJECT: Acceptance of Guru Nanak Sikh Center Utility Agreement Attached please find an executed Municipal Utility Agreement for the installation of public water main to accommodate the construction of the Guru Nanak Sikh Center, located in Section 21 of Delta Township. The agreement has been signed by the developer. The document follows the standard form that has been drafted and is currently used by the Township Engineering Department. The following motion is offered for your consideration:

"I move that the Township Board approve the Municipal Utility Agreement submitted by Guru Nanak Sikh Center for the installation of the public water main to accommodate the construction of a proposed 10,074 square foot building located in Section 21 of Delta Township. I further move that the Township Supervisor and Clerk be authorized and directed to sign the agreement on behalf of the Township.”

Staff will attend the September 3, 2019 Board meeting to answer any questions or address any concerns from the Board. If there any questions in the interim, please let us know. Thank you.

BACK TO AGENDA

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CHARTER TOWNSHIP OF DELTA MUNICIPAL UTILITY AGREEMENT

FOR GURU NANAK SIKH CENTER

SECTION 21

THIS AGREEMENT, made this day of , 2019, by and

between GURU NANAK SIKH CENTER, whose address is 4701 Pleasant Grove, Lansing, Michigan

48910, hereinafter referred to as “Developer” and the CHARTER TOWNSHIP OF DELTA, a

Michigan Municipal Corporation, whose address is 7710 West Saginaw Highway, Lansing, Michigan

48917, hereinafter referred to as “Delta”.

WITNESSETH:

WHEREAS, Developer is desirous of extending the Municipal Water Main Facilities to serve its

proposed development in accordance with Chapter 40 of the Township’s Code of Ordinances, as

amended, and

WHEREAS, The parties hereto intend by this Agreement to aid in the administration of the

extension and/or relocation of the Municipal Water Main Facilities for the proposed development:

NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties heretofore and

in consideration of the foregoing and the mutual promises hereinafter contained as follows:

1. This Agreement concerns the approved final Site and Construction Civil Engineering &

Site Plans for the Guru Nanak Sikh Center, as prepared by KEBS, Inc., dated August 16, 2019, and

sealed by Gregory A. Petru, PE, a Michigan licensed professional engineer; which will serve as the

drawings of record as to Water Main Facilities to be built and/or relocated; and which may be revised to

incorporate changes in the development of the site that is the subject of the site plan drawings and/or any

new phases thereof, subject to prior written approval of the Township Engineer and the revising of the

site plan drawings. Issuances of water permits for connecting individual buildings to the Water Main

Facilities are subject to satisfactory completion of the Water Main Facilities as set forth in this

Agreement.

2. Developer shall arrange for the procurement of the necessary materials, labor and

equipment to cause the construction of the Water Main Facilities on private and public properties.

Certain of these facilities, upon completion, shall be owned by Delta, in a manner consistent with this

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Agreement, the plans and specifications, and all applicable statutes, ordinances and rules, and

regulations. Developer shall pay all costs of installation and construction of the Water Main Facilities to

be owned by Delta upon completion thereof. Developer shall pay all charges incurred by Delta for

engineering services as later herein delineated. Developer shall be responsible for contractors retained

to perform the work, and shall condition final payments to said contractors upon certification of the

completed work by the Township Engineer. Safety in the construction of the Water Main Facilities shall

be the sole responsibility of the Developer and his contractors. The contractors shall comply with the

current applicable requirements of Federal and State of Michigan Occupational Health and Safety

regulations during construction of the Water Main Facilities.

3. That the parties agree the facilities indicated herein to be built may be phased or staged.

Developer agrees that it will supply Delta with construction plans and specifications for any current

phase of the work covered by this Agreement, which plans shall be prepared by a Registered

Professional Engineer, licensed to practice in the State of Michigan, to show the proposed utility

facilities to become the property of Delta. The plans and specifications shall be consistent with the

DELTA MUNICIPAL UTILITY STANDARDS. All construction plans and specifications in

connection therewith shall be subject to approval by the Township Engineer. The Township Engineer

shall forward all such plans for approval of the appropriate State agency and the issuance of the

necessary permits, as applicable. When a permit is granted by the appropriate State agency, same shall

constitute approval by said agency and the Township Engineer. Developer shall furnish Delta a

reproducible copy of the plans and specifications for the Township Engineer’s use during construction.

4. That the parties agree a commitment is hereby made on the part of the Developer to build

the Water Main Facilities herein indicated within two years of the issuance of the State permits, and on

the part of Delta, to own, operate and maintain the public portion of the Municipal Water Main

Facilities, being the public water mains and associated valves and hydrants. The water stubs and leads

connecting the public water main to the buildings shall be maintained by the owners of the buildings

which are connected.

5. That all resident engineering, layout staking and detailed construction inspection,

including compaction of trench backfill material, shall be performed by qualified personnel retained by

the Developer.

6. That Developer shall determine, by field survey, vertical and horizontal locations of each

water main, water valves, hydrants, fittings, corporation stops, curb stops and all other related

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appurtenances, after installation of the facilities, for incorporation into as-built drawings, easement

exhibits and Township’s mapping system.

7. The Township Engineer shall perform the following activities in assessing general

compliance with the requirements of Delta’s MUNICIPAL UTILITY STANDARDS as applicable:

WATER FACILITIES:

Spot check materials and general construction methods and procedures. Observe all connections to existing mains. Coordinate shut down of existing customers as situation dictates. Operate existing valves when procedures dictate. Observe pressure test, disinfection and thrust restraint devices; draw and deliver watch samples to a MDEQ-certified laboratory. Prepare easement grants based upon legal descriptions and easement exhibit drawings provided

by Developer, as required.

The Township Engineer shall not supervise construction, perform any staking, or necessarily observe all

the construction work. Developer shall pay the actual hourly rate of Delta personnel employed to

perform engineering services plus time and one-half for overtime and double time for Sunday or

Holiday work, plus 70% to cover fringes, transportation, equipment and administrative overhead costs.

Above said work by the Township Engineer is estimated to cost $2,000; as much as 20% increase is

estimated if part of the work is performed during the period of November through April.

8. That the construction shall not commence until the Township Engineer shall have given

written authorization to the Developer. Prior to starting construction work Developer shall have:

A. Caused his contractor to furnish certificates of insurance noting Delta as an additional insured (see General Conditions of Municipal Utility Standards).

B. Conducted the pre-construction meeting (See General Specifications of Municipal

Utility Standards). C. Caused his contractor to have obtained proper permits from the Road Commission

and the other governmental agencies as may be applicable, and to have notified the MISS DIG program.

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9. It is agreed between the parties that the Township Engineer shall have jurisdiction and

control of the water valves in Delta’s existing water mains and that any time the Water Main Facilities

must be turned on or off in order to facilitate the construction of the new Water Main Facilities, same

shall be done under the jurisdiction or representatives of the Township Engineer. Water meters shall not

be installed until after the Township Engineer has certified the satisfactory completion of the work;

however, at the sole discretion of the Township, temporary meters may be installed at the expense of the

Developer for water to be used in the construction of a building, said temporary water meter to be

installed by Delta’s Water Department personnel only after the pressure testing and “safe” water

sampling is complete and with the affirmation of the Township Engineer. If temporary meters are

permitted by the Township, the Developer shall be liable for any damage or loss which is incurred due

to the Developer’s use of the Township water system. The Township Engineer shall not draw the “safe”

water sample prior to satisfactory completion of that portion of the public water systems serving the

same buildable parcels of land.

10. That the Township Engineer shall certify the satisfactory completion of the work

provided for hereunder; said certificate shall be filed with the Township Clerk. The following items, as

applicable, shall be completed before final certification can be made:

A. A satisfactory high pressure hydrostatic testing of the Water Main Facilities shall be complete.

B. Receipt of tests of water taken from the Water Main Facilities showing same to

have been tested “safe”. C. Developer shall complete clean-up of construction site within the road right-of-

way.

D. Developer shall execute and deliver a deed of grant from Developer to the Township covering all utility installation which is to be owned by Delta.

E. Final construction Waivers of Lien on the project shall be filed with the Township

Engineering Department. F. Easement grants, suitable for recording, granting to Delta access to the utility

mains and appurtenances to be owned by Delta for construction, operation and maintenance purposes, including the right to make future hook-ups or connections to any of said lines shall have been delivered for such mains not constructed in public rights-of-way. The easement grants shall hold Developer responsible for costs of repair to any landscaping or other improvements that may exist within the easements and may become damaged or destroyed in the initial construction of

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the utilities. Upon acceptance of the utility by the Township, the Township shall be responsible for returning all seeded surface area, driveways and parking areas to substantially the same condition after repairs and/or maintenance are completed by the Township. Developer’s Surveyor/Engineer shall prepare legal description(s) and easement exhibit drawing(s) based upon the final installed location of the Water Main Facilities.

G. The Developer’s Engineer shall prepare as-built drawings for the Water Main

Facilities. As-built drawings shall be provided electronically in CAD and .pdf formats. As-built drawings shall update the construction drawings to accurately reflect the installed location, elevation and conditions of final utility installation based upon field measurements incorporated into the CAD file(s). CAD files shall be based upon Michigan South Zone (2113) State Plane Coordinate System NAD83 (2011) Epoch 2010.00 realization and the 1988 North American Vertical Datum (NAVD88) to an accuracy of +/- 0.01 feet vertically and +/- 0.1 feet horizontally.

11. That no permits for the use of any utilities shall be either requested or issued until after

the facilities which are to become the property of Delta have been certified as satisfactorily complete by

the Township Engineer and the proper deeds of grant, waivers of lien and easement agreements are

provided to the Township in accordance with the requirements of Paragraph 8 of this Agreement. In the

event of a violation of this paragraph, the Township may without notice or liability to the Developer,

disconnect the facilities and/or take any other action necessary to prevent the flowage of water into the

facilities constructed pursuant to this Agreement. The Developer shall pay all costs, including actual

attorneys’ fees, which the Township incurs in enforcing the provisions of this paragraph.

12. It is further agreed by the parties that no building shall be occupied nor an occupancy

permit be issued until after an access road shall be completed to assure access by Delta’s Fire

Department apparatus and the Township Engineer has certified to the satisfactory completion of the

work.

13. Delta agrees that when certification of final approval has been made by the Township

Engineer, subject to a final financial accounting and any other applicable considerations which may

arise, the Board of Delta shall accept the certain facilities which are to be a part of Delta’s Municipal

Water Main Facilities.

14. That Developer guarantees the materials and workmanship in the facilities for a period of

not more than two (2) years from the date of partial utilization, but at least one (1) year from the date of

final acceptance of said facilities by the Township Board.

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15. Developer shall, upon completion of construction of the Water Main Facilities, certify as

to the costs of materials, labor, equipment, engineering and administrative overhead to the Township

Engineer so that Delta may capitalize donated assets.

16. Main charges shall be levied on the Municipal Water Main Facilities as provided for in

Chapter 40 of the Township Code of Ordinances.

17. To the fullest extent permitted by law, the Developer shall indemnify and hold harmless

Delta and its agents and employees from and against claims, damages, losses and expenses, including

but not limited to attorneys’ fees, arising out of or in any way related to construction, installation and/or

hook-up operations, or the duties or obligations of this Agreement, caused in whole or in part by any

acts or omissions of the Developer, a contractor, or anyone directly or indirectly employed by them or

anyone for whose acts they may be liable. The Developer's indemnification responsibility shall be to the

fullest degree of the Developer' fault (or the fault of any others for whom the Contractor is responsible),

except that the Developer shall not be obligated to indemnify to the extent of the Delta's sole negligence.

The Developer shall be responsible to Delta and its agents and employees from and against all amounts

such parties may be required to pay in attorneys’ fees in order to pursue enforcement of this provision

against the Developer or otherwise obtain indemnification from the Developer provided under the terms

of this Paragraph 17. Such obligations shall not be construed to negate, abridge or reduce any other

rights or obligations of indemnity which would otherwise exist as to any party or person set forth in this

Paragraph 17.

18. Pursuant to Sections 40-204 and 40-513 of the Township Code of Ordinances the

Township by this contract agrees to rebate main and stub charges from Third parties, if any such charges

are collected, to the Developer for future connections to Municipal Water Main Facilities constructed as

part of the development that is the subject of this Agreement for a period of seven (7) years. The

Township shall have the sole authority to determine what future connections come within the provisions

of this paragraph. Total rebates shall not exceed the actual cost of construction abutting Third Parties’

property. The Developer shall not contract with, or otherwise exact any fee from, any third party who

desires to connect to, and/or make any addition to Delta’s Municipal Water Main Facilities.

19. This Agreement shall expire seven (7) years from the first said date and may be amended

or extended at any time upon mutual consent of the parties.

20. Partial Invalidity. If any provision of this Agreement is held by a court of competent

jurisdiction to be invalid, void or unenforceable in any manner, the remaining provisions of the

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Agreement shall nonetheless continue in full force and effect without being impaired or invalidated in

any way. In addition, if any provision of this Agreement may be modified by a court of competent

jurisdiction such that it may be enforced, then said provision shall be modified and, as modified, shall be

fully enforced.

21. Applicable Law. This Agreement, together with the right, duties and obligations

hereunder, shall be construed in accordance with the laws of the State of Michigan.

22. Conflict. In the event of a conflict between the terms of this Agreement and the

Township Code of Ordinances, the provisions contained in the Township Code of Ordinances shall

govern.

23. Entire Agreement. Except as otherwise stated herein, this Agreement contains the entire

understanding of the parties hereto with respect to the subject matter contained herein, supersedes all

prior agreements, understandings and negotiations; and no parole evidence of prior or contemporaneous

agreements, understanding and negotiations shall govern or be used to construe or modify this

Agreement. No modification or alteration hereof shall be deemed effective unless in writing and signed

by all parties to this Agreement.

24. Code of Ordinances. The Developer shall comply with the provisions of the Township

Code of Ordinances which are in effect at the time when the work is performed under this Agreement,

even though there may be changes to these Ordinances after the date that this Agreement is signed by

the Developer.

25. Termination. In the event that the Developer breaches any of the terms, covenants or

conditions contained in this Agreement, the Township, at its option and after providing written notice

thereof to the Developer and Developer’s failure to cure the same within twenty (20) calendar days after

Developer’s receipt thereof, may terminate this Agreement and all of the rights of Developer hereunder

shall cease. The Township shall be entitled to all costs, including actual attorneys’ fees, which the

Township incurs because of the Developer’s breach of this Agreement.

26. Time. Time is of the essence to this Agreement and each and all of its provisions.

SIGNATURES APPEAR ON FOLLOWING PAGES

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IN THE PRESENCE OF: CHARTER TOWNSHIP OF DELTA, a Municipal Corporation

Kenneth R. Fletcher, Supervisor Witness #1: (per authorization contained in the Board

(Printed Name) Resolution attached as “Exhibit A”) Mary R. Clark, Clerk Witness #2: (per authorization contained in the Board (Printed Name) Resolution attached as “Exhibit A”)

STATE OF MICHIGAN } }ss COUNTY OF EATON }

On this day of , 2019 before me

appeared Kenneth R. Fletcher and Mary R. Clark, to me personally known, who being by me duly

sworn, did say that they are the Supervisor and Clerk, respectively of the Charter Township of Delta,

who executed the within instrument and acknowledged said instrument to be a free act and deed of said

Township.

Notary Public ___ ___County, MI My Commission Expires:

DRAFTED BY: Jennifer Bernardin Engineering Department Assistant Charter Township of Delta 7710 West Saginaw Highway Lansing, Michigan 48917

Planning Department (517) 323-8560

7710 West Saginaw Highway Lansing, Michigan 48917-9712

Phone: (517) 323-8560 Fax: (517) 323-8599

www.deltami.gov www.facebook.com/deltatownship www.twitter.com/deltatownship

Supervisor Kenneth R. Fletcher

Treasurer Howard A. Pizzo

Clerk Mary R. Clark

Manager Brian T. Reed

Trustee Fonda J. Brewer

Trustee Andrea M. Cascarilla

Trustee Dennis R. Fedewa

Trustee Karen J. Mojica

MEMO

TO:

FROM:

DATE:

SUBJECT:

Supervisor Kenneth R. Fletcher and the Delta Township Board

Gary Bozek

Planning Director

August 28, 2019

Referral of Diane Carlson Rezoning Request to the Planning Commission for the Purpose

of Holding a Public Hearing in Case No. 8-19-10.

Please be advised that we are in receipt of a rezoning application submitted by Ms. Diane Carlson to rezone her

9,888 square foot lot at 419 Hume Boulevard from O, Office, to RC, Moderate Density Residential. Ms.

Carlson’s lot and house are classified as a legal non-conforming. The house was constructed on the subject

parcel in the Castle Hills Subdivision (circa 1929) prior to the establishment of O, Office, zoning classification

in 1974. While the residential use may continue in perpetuity, her attempts to sell the house have been hindered

due to the reluctance of lenders to provide financing for a non-conforming situation. Ms. Carlson has reached

out to the owners of surrounding office buildings; offering to sell her property to them, but there has been no

interest. Attached please find an aerial location map illustrating the subject parcel. All of the abutting

properties to the north, south and east are zoned O, Office. The facing properties to the west, on the west side

of Hume, are zoned RC, Moderate Density Residential.

The rezoning request is being placed on the Board's Tuesday, September 3, 2019 regular meeting agenda for

referral to the Planning Commission for the purpose of holding a public hearing and making a recommendation

to the Township Board. The hearing before the Planning Commission is scheduled for Monday, September 9,

2019.

The following motion is offered for the Board's consideration:

"I move that the Delta Township Board refer Ms. Diane Carlson’s request to rezone the property described in Case No. 8-19-10 from O, Office, to RC, Moderate Density Residential, to the Planning Commission for the purposes of holding a public hearing on the matter and submitting a recommendation to the Township Board."

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Attachments

C:\USERS\GBOZEK\DROPBOX (DELTA TOWNSHIP)\DELTA PLANNING DEPARTMENT\GARY BOZEK\CORS\BRD\CARLSON RZ REFERRAL MEMO.DOC

BACK TO AGENDA

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Carlson Rezoning RequestO, Office to RC, Moderate Density ResidentialCase No. 8-19-10Aerial Location Map

Planning Department (517) 323-8560

7710 West Saginaw Highway Lansing, Michigan 48917-9712

Phone: (517) 323-8560 Fax: (517) 323-8599

www.deltami.gov www.facebook.com/deltatownship www.twitter.com/deltatownship

Supervisor Kenneth R. Fletcher

Treasurer Howard A. Pizzo

Clerk Mary R. Clark

Manager Brian T. Reed

Trustee Fonda J. Brewer

Trustee Andrea M. Cascarilla

Trustee Dennis R. Fedewa

Trustee Karen J. Mojica

MEMO

TO:

FROM:

DATE:

SUBJECT:

Supervisor Kenneth R. Fletcher and the Delta Township Board

Gary Bozek

Planning Director

August 28, 2019

Request for Formal Termination of Gillespie Westbury Commons East-West Collector

Road Right-of-Way Easement

In 1997, as part of the Westbury Commons apartment complex development approval, Mr. Patrick Gillespie

provided an easement to serve as right-of-way for a future East-West Collector Road that was proposed to be

constructed through the center of Sections 10 and 11 of the Township in a similar fashion as does Michigan

Avenue through Sections 13, 14, and 15. As development occurred adjacent to the proposed routing of the

road, the Township acquired the necessary right-of-way from the developers. The Township opted not to

proceed with the road project. Today, the East-West shared-use pathway occupies portions of the right-of-way

that was acquired for the road.

The particular easement granted by Mr. Gillespie contained a clause stating that the easement could only be

used for roadway purposes, and that the easement area would automatically revert back to Mr. Gillespie should

the road not be constructed by May 31, 2001. Further, the easement document requires the Township to

execute any necessary documents to formally terminate the easement agreement upon request of the Grantor.

The letter from Mr. Gillespie dated August 13, 2019 requesting formal termination of the easement agreement is

attached.

What has precipitated this request for termination is Mr. Gillespie’s desire to improve access to a 2nd floor

duplex unit within his Westbury Commons apartment complex. The proposed stairwell and deck would

encroach into the easement area. The attached aerial map illustrates the easement area in question. The duplex

lies in the southwest corner of the site adjacent to the highlighted easement area. Please note that a small

parking area and a row of mature trees associated with the Westbury Commons development occupies the

easement area. Please also note that the East-West Pathway lies entirely outside the easement area that is the

subject of the formal termination request and will not be impacted. The area occupied by the pathway is within

an easement that is independent of the Gillespie easement. The pathway was constructed in a manner that

respected the automatic termination of the Gillespie easement.

BACK TO AGENDA

Motion

Supervisor Fletcher & Delta Township Board

Re. Request for Formal Termination of Gillespie E-W Collector Road Easement

August 28, 2019

Page 2

Also attached is the termination agreement drafted by staff and reviewed and approved by the Township

Attorney and counsel for Mr. Gillespie. Mr. Gillespie has already signed the agreement.

It should be noted that the termination agreement does not negate any other utilities easements that intersect the

Gillespie road right-of-way easement.

The following motion is offered for the Board’s consideration:

“I move that the Delta Township Board execute the “Termination of Easement” with Mr. Patrick K. Gillespie as prepared by staff, which will result in the termination of the easement and right-of-way granted to the Township by Mr. Gillespie via the instrument dated May 20, 1997, recorded in Liber 1176, Pages 293 through 295, Eaton County, Michigan, Register of Deeds, as per the provisions set forth in said instrument. I further move that Delta Township Supervisor Kenneth R Fletcher be authorized to sign and execute the “Termination of Easement” document on behalf of Delta Township.”

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Attachments

C:\USERS\GBOZEK\DROPBOX (DELTA TOWNSHIP)\DELTA PLANNING DEPARTMENT\GARY BOZEK\ENGINEERING\EASEMENT DOCUMENTS\GILLESPIE RETURN\GILLESPIE TERMINATION OF

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TERMINATION OF EASEMENT

THIS TERMINATION OF EASEMENT ("Termination") is made and entered into this __ day of 2019, by and between WESTBURY, L.L.C., a Michigan limited liability company, whose address is 330 Marshall Street, Suite 100, Lansing, Michigan 48912 (the "Owner") and the CHARTER TOWNSHIP OF DELTA, a Michigan charter township organized and operating under the Charter Township Act, MCL 42.1, et seq., whose address is 7710 West Saginaw Highway, Lansing, Michigan 48917 (the "Township").

WHEREAS, an easement and right-of-way was granted to the Township by the Owner via the instrument dated May 20, 1997, recorded in Liber 1176, Pages 293 through 295, Eaton County, Michigan, Register of Deeds (the "Easement"), which is attached hereto and made a part hereof as Exhibit "A"; and

WHEREAS, the Easement was granted for purposes of constructing and maintaining a public roadway; and

WHEREAS, the stated duration of the Easement is that it continues until the Township no longer uses the Easement for public roadway purposes, or said roadway was not constructed on or before May 31, 200 1; after which the Easement automatically terminates; and

WHEREAS, the Easement was not used for public roadway purposes and a roadway was not constructed within the Easement area within the stated timeframe; and

WHEREAS, the Township agreed to cooperate and execute the documents necessary to terminate the Easement at the request of the Owner upon its termination and the Owner has formally requested termination of the Easement.

NOW, THEREFORE, in consideration of the mutual covenants and grants contained herein, the Parties hereby agree as follows:

1. Termination of Easement. The Township hereby terminates, releases and relinquishes all Township rights created or reserved in the Easement.

2. Consideration. In consideration of and in exchange for the Township's release, the Township shall not be responsible for removing any structures or equipment that may exist within the Easement.

3. Intersecting Easements. This Termination of Easement does not terminate any other existing independently recorded easements for other purposes that may intersect the easement area described in the preceding paragraph number one of this instrument.

4. Governing Law. This Termination shall be construed in accordance with and governed by the laws of the State of Michigan.

IN WITNESS WHEREOF, this Termination of Easement has been executed by the Owner and the Township on the day and year first above written.

WESTBURY, L.L.C., a Michigan limited liability company

By: Gillespie Group Manager, Inc. Its: Manager _

Hnh.~ Its: President

The foregoing instrument was acknowledged before me this ·~ day of au..~ , 2019, by Patrick K. Gillespie, President of Gillespie Group Manager, Inc., Man er of Westbury L.L.C., a Michigan limited habtlity company.

CHARTER TOWNSHIP OF DELTA, a Michigan charter township

By: _ __________________ __

Kenneth R. Fletcher Its: Township Supervisor

The foregoing instrument was acknowledged before me this __ day of ________ , 2019, by Kenneth R. Fletcher, the Township Supervisor, Charter Township of Delta, a Michigan charter township.

Prepared By: Gary M. Bozek, AICP Planning Director/Zoning Administrator Charter Township of Delta 7710 West Saginaw Highway Lansing, MI 48917-9712

Return to Upon Recordation: John R. Fifarek Lasky Fifarek, P.C. 120 N. Washington Square Suite 265 Lansing, MI 48933

___________ ,Notary Public _ _____________ County, Michigan My commission expires: ______ __ Acting in County, Michigan

EXHIBIT A

See attached Grant of Easement and Right-of-Way, dated May 20, 1997 and recorded on October 9, 1997 in Liber 1176, Pages 293 through 295, Eaton County, Michigan, Register of Deeds.

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EXHIBIT A

Assessing Department (517) 323-8520





MEMO TO: Supervisor Kenneth R. Fletcher and Delta Township Board FROM: Ted Droste, Assessor DATE: August 28, 2019 SUBJECT: Annual Report of IFT Compliance In May of 2018, the Board directed staff to provide an annual audit of IFT Compliance. On the following pages are the collective 2019 information regarding our audit of each business within Delta Township that currently has an active IFT. The purpose of this audit is to determine compliance with the original agreement regarding the capital investment, and the number of jobs created or retained due to this investment. The attached report highlights that each business has made the promised capital investment, and most of them have been able to create or retain the number of jobs they estimated before the project began. Keep in mind, the job creation number is a snapshot in time, and fluctuates based on the demand of the industry they supply.

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To: Brian Reed, Township Manager From: Ted L Droste, Assessor Date: August 15, 2019 RE: Annual Industrial Facilities Compliance Report The attached report contains all businesses that have an active tax abatement within the Township. We have audited each business for the number of jobs created as a result of the project related to their IFT and have received an affidavit from each Company. As you are aware, each Tax Abatement application includes language that states [similarly].

To highlight, this spreadsheet shows the number of jobs each business stated they would create and/or retain as a result of this project, and the actual number of jobs created. Keep in mind the number of jobs reported is a snap-shot of the date they reported. In other words, the number of jobs fluctuate annually based on the supply and demand of the market. The spreadsheet also shows the estimated, versus actual, business investment.

Based on our 2019 audit, the spreadsheet shows these business have NOT created/retained the jobs their application stated they would:

• Douglas Steel – they have created/retained 5 less jobs than anticipated [30 versus 35]

• Alliance Interiors 2012 – they have created/retained 5 less jobs than anticipated [110 versus 115]

• Norplas 2015 - they have created/retained 66 less jobs than anticipated [436 versus 502] Note: they stated their employee count is currently down due to GM

• Munters - they have created/retained 6 less jobs than anticipated [67 versus 73]

• Midwest Press – they have created/retained 4 less jobs than anticipated [41 versus 45]

• Fleet Image 2008 - they have created/retained 14 less jobs than anticipated [2 versus 16]

Note: they initially hired 16 employees when their contract began, however, they stated their employee count is lower now since they lost the contract associated with this project. The IFT expires in 2 years and the current tax abatement is $65.64 per year.

Please let me know if you need any other information.

CERTIFICATE NUMBER FACILITY NAME

Original Application # of jobs that this project will retain

Original Application # of jobs project is expected to create

2019 Reprted Numbers - # of jobs

that this project retained

2019 Reprted Numbers - # of jobs

that this project created

Original Application Total Investment

ACTUAL Total Investment PARCEL NUMBER

SCHOOL DISTRICT PROPERTY TYPE

YEAR Budget

EXPIRATION DATE

2019 TAXABLE

VALUE

AMOUNT OF 2019 TAX

ABATEMENT2010-371 Douglas Steel Fabrication Corp 31 4 30 0 949,630$ 949,630$ 23-040-091-024-400-15 Waverly PERSONAL 2011 2022 $179,400 $3,432.392010-082 Air Lift Company 70 20 70 30 563,245$ 564,000$ 23-040-091-025-133-11 Waverly REAL 2011 2022 $442,300 $11,455.262010-082 Air Lift Company 70 20 70 30 150,000$ 150,000$ 23-040-091-025-133-15 Waverly PERSONAL 2011 2022 $18,700 $357.782014-416 Air Lift Company 0 30 0 118 2,500,000$ 2,195,500$ 23-040-091-025-134-11 Waverly REAL 2015 2017 $961,200 $24,894.412014-416 Air Lift Company 0 30 0 118 727,000$ 727,000$ 23-040-091-025-134-15 Waverly PERSONAL 2015 2027 $0 $0.002006-122 Alliance Interiors 0 80 0 80 5,000,000$ 5,861,596$ 23-040-091-025-150-15 Waverly PERSONAL 2007 2018 $0 $0.002008-510 Alliance Interiors 90 25 90 25 2,500,000$ 2,365,537$ 23-040-091-025-155-15 Waverly PERSONAL 2009 2020 $0 $0.002012-299 Alliance Interiors 95 20 95 15 1,850,823$ 1,344,617$ 23-040-091-025-156-15 Waverly PERSONAL 2013 2025 $120,100 $2,297.832011-338 Woodbridge Ventures Inc. 162 84 162 84 2,392,103$ 2,631,313$ 23-040-091-026-127-15 Waverly PERSONAL 2012 2024 $0 $0.002007-084 Woodbridge Ventures Inc. 215 15 215 15 650,000$ 650,000$ 23-040-091-026-129-11 Waverly REAL 2007 2019 $206,700 $5,353.392007-084 Woodbridge Lansing 215 15 215 15 7,400,000$ 7,460,118$ 23-040-091-026-129-15 Waverly PERSONAL 2007 2019 $0 $0.002015-133 Woodbridge Lansing 214 43 215 65 5,972,000$ 5,972,000$ 23-040-091-026-130-15 Waverly PERSONAL 2015 2027 $0 $0.002008-501 Joseph T. Ryerson & Son 15 30 15 34 3,528,459$ 3,528,459$ 23-040-091-026-132-11 Grand Ledge REAL 2008 2020 $545,674 $12,870.702008-501 Joseph T. Ryerson & Son 15 30 15 34 1,818,006$ 1,818,006$ 23-040-091-026-132-15 Grand Ledge PERSONAL 2008 2020 $0 $0.002008-501 Joseph T. Ryerson & Son 15 30 15 34 3,528,459$ 3,528,459$ 23-040-091-026-133-11 Waverly REAL 2008 2020 $615,350 $15,937.132008-501 Joseph T. Ryerson & Son 15 30 15 34 1,818,006$ 1,818,006$ 23-040-091-026-133-15 Waverly PERSONAL 2008 2020 $0 $0.002013-298 Norplas Industries Inc. 0 300 0 310 24,657,260$ 25,250,000$ 23-040-091-026-160-11 Waverly REAL 2014 2026 $7,531,400 $195,057.992013-298 Norplas Industries Inc. 0 300 0 310 58,055,000$ 66,578,454$ 23-040-091-026-160-15 Waverly PERSONAL 2015 2027 $0 $0.002015-176 Norplas Industries Inc. 310 192 310 126 7,125,000$ 5,981,000$ 23-040-091-026-165-11 Waverly REAL 2016 2028 $2,836,100 $73,453.002015-175 Munters Corporation 57 16 57 10 3,850,000$ 3,570,000$ 23-040-091-028-230-11 Grand Ledge REAL 2015 2023 $2,201,935 $51,936.602015-175 Munters Corporation 57 16 57 10 315,000$ 766,916$ 23-040-091-028-230-15 Grand Ledge PERSONAL 2015 2023 $0 $0.002006-039 Midwest Press 35 10 31 10 981,000$ 981,000$ 23-040-091-026-170-11 Waverly REAL 2019 2030 $316,800 $8,204.902012-306 Capital Asphalt FKA-Superior 0 12 0 12 1,250,000$ 1,300,000$ 23-040-091-033-400-11 Grand Ledge REAL 2013 2025 $417,100 $9,838.052012-306 Capital Asphalt FKA-Superior 0 12 0 12 3,250,000$ 2,267,660$ 23-040-091-033-400-15 Grand Ledge PERSONAL 2013 2025 $511,000 $7,453.852008-284 Fleet Image 6 10 2 0 235,986$ 228,306$ 23-040-091-046-200-15 Grand Ledge PERSONAL 2008 2021 $4,500 $65.64TOTAL 141,066,977$ 148,487,577$ $16,908,259 $419,176.54

DELTA TOWNSHIP

INDUSTRIAL FACILITY REPORT FOR 2019 Tax Year






TO:

FROM:

DATE:

MEMO

Supervisor Kenneth R. Fletcher and Delta Township Board

Ted Droste, Assessor

August 28, 2019

SUBJECT: 2019 AMAR results

The purpose of this memo is to supply information on the results received from the Michigan State Tax Commission regarding the 2019 AMAR of the Delta Township Assessing Records.

The AMAR, otherwise known as the “Audit of Minimum Assessing Requirements,” is an audit that is completed every 5 years.

Below is general information supplied by the Michigan State Tax Commission regarding this process.

What is an AMAR – “Audit of Minimum Assessing Requirements”

• First implemented by the STC 2013

• Each local unit will be audited once every five years; it is an audit ofthe local unit and not an audit of the assessor

• Audits are conducted by an outside contractor [T.M.A.]

• Audit of Minimum Requirements

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• All requirements are based in statute, STC Rule, Policy, Bulletin or Publication

• New five year audit cycle started in 2018 Why is the AMAR important to local units?

• The AMAR ensures compliance with State Law

• Local units can be assured of assessment uniformity • Local units can be assured that all property is being assessed

• It provides transparency into the assessment process for both local

units and taxpayers AMAR Background

• The State Tax Commission, per MCL 211.10f, has jurisdiction to determine substantial compliance with the requirements of the General Property Tax Act.

• Local units of government that do not meet one or more of the minimum requirements must submit a corrective action plan detailing how and when the deficiencies will be resolved.

I am pleased to report that we received an “in compliance” letter from the State Tax Commission on July 16th, 2019. The original report results, dated May 23, 2019, asked for clarification on the below 3 deficiencies. These items were addressed and sent to the State Tax Commission where they were approved.

1. Item 1 - MCL 211.7cc requires that interest be charged at a rate of 1.25% per month to the owner of a property that has been issued a PRE denial notice. Deficiency Response: The auditor checked ‘no’ however this area is in compliance. The Eaton County Treasurer does the billing for prior year PRE denials – we did 6 denials prior to any tax bills being issued so no interest or penalty was due.

2. Item 2 – the Unit has 0 parcels on over-ride. Several parcels have a flat land value of $0 without a reason. Deficiency Response: The parcels [868] that were identified are Residential Condos. Traditional condos do not own land, so the Assessors record card states a “zero land value.” The auditors require a reason to be entered; I have discussed this with them and I have entered a note of “no land value – Common Element” in the land value printout. So, this has been corrected already. This is a new requirement from the last AMAR we had.

3. Item #3 - Poverty Exemption guidelines needed an adoption date: We have had complete Poverty Exemption guidelines in place since 1994. The AMAR report is looking for the ‘adoption date’ that I sent in my follow up letter.

Manager’s Office (517) 323-8590





MEMO DATE: September 3, 2019 TO: Supervisor Kenneth R. Fletcher and the Delta Township Board FROM: Brian T. Reed, Township Manager RE: Executive Session for Collective Bargaining I am requesting that we adjourn to Executive Session to for strategy and negotiation sessions connected with the negotiation of a collective bargaining agreement with the IAFF 2846 Fire Fighter’s Union. This is allowed under the Open Meetings Act, Section 15.268(c), P.A. 267 of 1976, as amended. Therefore the following resolution is offered for your consideration:

“I move that the Delta Township Board adjourn to Executive Session at the request of the Township Manager under the Open Meetings Act (Act 267 of 1976), Section 15.268 (c) for strategy and negotiation sessions connected with the negotiation of a collective bargaining agreement.”

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