DALTON TOWNSHIP REGULAR BOARD MEETING-JANUARY 10, 2005
7:00 P.M.

BOARD MEMBERS PRESENT: Scott Hladki, Mary Ellen Sherwood, Rosemary Rinella, Mike Hiner, Elizabeth (Petsy) Jenkins, Diane Misze and Kevin Wright.

BOARD MEMBERS ABSENT: None.

Supervisor, Scott Hladki, called the meeting to order at the Dalton Township Hall. The Pledge of Allegiance said, invocation given and roll call taken.

MINUTES:
The regular meeting minutes of December 13, 2004 were revised as follows. Resident Connie Burchfield requested that the previous month's minutes, in the public comments section, reflect that she did not point out inconsistencies with regard to the Treasurer's report at the last meeting. She clarified that the treasurer herself pointed out these inconsistencies and referenced a letter from the State of Michigan, Department of Treasury, which was directing the treasurer to fix inconsistencies in the tax account or the township could face fines, lose its revenue sharing, or other consequences, if the corrections were not made in the tax account. She questioned why we approved to hire the same auditor to fix this for the township when he has ignored or over looked this for several years. It was stated the auditor has mentioned this in previous audit reports in the past, however it was not corrected. Ms. Burchfield requested a copy of the letter from the State regarding incorrect amounts of money in the tax account that the treasurer referenced. Petsy stated that she would it mentioned that on Page Two of the December minutes it is stated that the Township Board was scheduled to meet on January 4 at 7:00 to meet with both remaining candidates for the ordinance enforcement position and a decision would be made at this meeting to hire one of the two candidates for that position. She stated this meeting never took place and that the supervisor met with the candidates individually instead. Jenkins also stated that on Page Four, the day of the Planning Commission meetings should state the last Tuesday of the month, not Thursday. Petsy would also like it clarified that Mr. McCormick should have a special use permit for a storage yard as he is operating at his business on Russell Road without permits to store concrete. Petsy also stated that she would like the December minutes to reflect that some residents were complaining about the activity taking place at Mr. McCormick's business on Russell Road. She would like it stated that the board did review what permits he has to operate at that location, including sand mining and stump grinding, and stated that Mr. McCormick does not possess a special use permit to store concrete at that location. Petsy stated that Mr. McCormick implied that because he and his family have been residents or business owners in the township for several years that they should be allowed this type of activity without permits. She stated that some board members agreed with Mr. McCormick regarding his position and this is disturbing that some board members don't care if people are operating businesses without the required permits to do so. Mike and Mr. McCormick both stated that these operations are part of his business. Petsy stated that he still needs to have the required permits. Other businesses in the township are being shut down or can't be opened if they don't have the required permits from the township.

Both meeting minutes of December 13, 2004 and the Special meeting minutes of January 4, 2005 were also revised to add new Trustee Kevin Wright's name at the end of the minutes, and both were filed.

PUBLIC COMMENT:
Scott introduced the newly hired Township Attorney James Porter. He also introduced Dave LeMieux of the Muskegon Chronicle that was present for coverage of the board meeting. Connie Burchfield welcomed both Mr. LeMieux and the new township attorney. She spoke to both and questioned if the attorney would be handling existing legal cases for the township. Scott stated that he would be handling all legal affairs of the township, including cases already in progress. Resident, Brian Banninga, questioned if the special assessments are still in progress for weed control program for the residents of West and North Lakes. He questioned the amount of funds remaining in the West Lake Weed Fund and questioned if any money was paid out of the General Fund. Rosemary stated that the General Fund did pay for licensing fees for West Lake, and paid for shortages in other lake accounts last year. Stating however, West Lake has funded itself for weed control. Mr. McCormick stated that he did not imply that they could do anything they wanted in the Township and he thinks their record will prove differently that they came in and submitted applications and have all the permits that they think they need to be conducting activities that are taking place at their Russell Road business location.

TREASURER'S REPORT:
The Treasurer requested that she go back to completing the Treasurers Report on meeting day instead of a week prior to the meeting for packets. Some discussion followed. The treasurer stated that she would be submitting these on meeting day again in the future, rather than a week before the meetings as all interest statements, etc. are not available a week prior to the meeting dates.

As of December 31, 2004, the General Fund has $47,390.64, Fire Operating Fund has $72,033.88, and Fire Equipment Fund has $12,750.26. There is $317,977.56 in the Co-Merica J-Fund. The Treasurer's Report was accepted and placed on file for audit.

FIRE BUSINESS:
Chief Furman submitted the Incident Log for December 1 through December 31, 2004. Total number of incidents, including exposure fires was 39, with an average response time of 7.79 minutes.

NEW COPIER-FAX-SCANNER: Chief Furman stated that the copier at the fire department has not been working and would be costly to repair, if it can be repaired, and stated that there is money left in the gym membership account that was not used. He stated that he would like the board's approval to use this money to purchase or lease a new copier-fax-scanner combination. Discussion followed about lease verses purchase.

Motion by Mike, support by Diane, PASSED to approve the purchase for a new copier, fax, scanner, combination for $2, 995.00. Roll call vote. Yes: Mike, Diane, Rosemary, Kevin, Petsy, Mary Ellen and Scott. No: None.

EMPLOYMENT CONTRACT: Chief Furman's Employment Contract was updated and brought to the board for approval. Chief Furman stated the contract needs to be updated to reflect sick leave as he has to be off work for some time as he is having back surgery this month. He explained the Fire Commission Chairman, Wayne Beebe, reviewed the changes as did Mary Ellen who serves as Secretary for the Fire Commission. He stated that Scott and Rosemary also reviewed and approved the changes in the Contract. He explained the main changes include, an expiration date of the contract, compensation was revised to reflect salary changes for the next three years, and a section was added for sick leave. The attorney explained that some of the changes are making this contract consistent with the employee policy that is in place for other township employees.

Motion by Mike, support by Rosemary, PASSED to approve the revised and updated version of the employment contract between Fire Chief Gary Furman and Dalton Township. Roll call vote. Yes: Mike, Rosemary, Diane, Kevin, Petsy, Mary Ellen and Scott. No: None.

Chief Furman stated that former Township Attorney Doug Hughes is still representing Dalton Township in reference to the Tridonn Construction case and wanted this clarified. Discussion followed regarding the status of court action in this case.

MAINTENANCE:
Maintenance Supervisor, Keith Ostoin, stated that the paper and cardboard bin is in use at the transfer station. He also stated that he has revised the letter regarding fee changes at the transfer station and will provide the revised version to board members in the near future.

MONTHLY BILLS:
Questions from board members were entertained and answered regarding some bills.

Motion by Rosemary, support by Mike, PASSED to approve the monthly bills as submitted. General Fund $24,966.12, Fire Operating Fund $2,368.61, and Cemetery Fund $75.00. Roll call vote. Yes: Rosemary, Mike, Kevin, Diane, Petsy, Mary Ellen and Scott. No: None.

PLANNING COMMISSION RECOMMENDATIONS:
Request by Nextel Communications for a Cell Tower at 5085 Holton Road. Terri Wissner, representative of Nextel, was present and explained the tower project in detail. She stated they will be leasing a 100 x 100 piece of property behind Twin Lake Greenhouse. This item was approved by the Planning Commission with stipulations of permit approvals. Lighting was discussed. Ms. Wissner stated lighting will be placed as required by the FAA.

Motion by Diane, support by Kevin, PASSED to approve the planning commission's recommendation contingent upon permit approvals from the Muskegon County Road Commission and the F.A.A. Roll call vote. Yes: Diane, Kevin, Mike, Petsy, Rosemary, Mary Ellen and Scott. No: None.

ZONING ADMINISTRATOR AGREEMENT:
A draft copy of this agreement was presented to the board with increased hours and salary from the agreement with the former Zoning Administrator, John Kuieck. Petsy stated that the Zoning Administrator, Stephanie Barrett, currently gets paid for mileage which is not mentioned and she is also paid $60.00 per meeting to act as secretary for the Planning Commission and the Zoning Board of Appeals. She stated that since Stephanie has to be present at these meeting anyway, she should not be getting paid $60.00 per meeting, and salary, when she has to be present anyway. Petsy agreed she should be compensated for taking the minutes, however not this much as this is part of her job, and she needs to be present anyway, as was the former zoning administrator. Scott stated that she is not required to be at the meetings; stating the former administrator was not required, but chose to attend meetings. Mike, Scott, and Rosemary, supported the increased hours and wages and an additional six (6) hours per week for this position. Stephanie currently works 4 hours per week, and the agreement increases the hours to 10 per week, working 7 hours on Monday's and three hours on Wednesday; with an increase in wages of approximately $300.00 per month to $1,000.00 monthly and $12,000.00 annually. Mary Ellen stated that this position just received a substantial raise recently and this is in the middle of a fiscal year. She suggested getting comparison salary and put in the budget for the next fiscal year to begin April 1, 2005. Scott stated that Stephanie deserves the increased hours and pay with the services we are receiving from her in this position.

Motion by Diane, support by Mary Ellen, PASSED to postpone this item until the next regular board meeting. Scott was directed to check with other townships regarding pay, hours, and other salary ranges for this type of position with similar hours, etc.

TOWNSHIP HALL CLOSINGS FOR 2005:
Scott stated this is a revised version as a couple holidays were missed when the first holiday closing schedule was presented. Added were July 5th the day after Independence Day, and December 23rd. Scott stated that he has a copy of the County's Holiday Schedule and compared to theirs. Discussion followed. Connie Burchfield a resident of Dalton and an employee of the County stated that she would be surprised if the County is closed on July 5th. Scott stated that for boaters watching the fireworks you can't get out of the water until 2:00 a.m.

Motion by Petsy, support by Mary Ellen, PASSED to accept the revised version of the holiday closing with the exclusion of July 5th. Roll call vote. Yes: Petsy, Mary Ellen, Mike, Diane, Rosemary, Kevin. No: Scott.

DALTON TOWNSHIP TRAFFIC CODE ORDINANCE:
Lengthy discussion took place regarding this ordinance. Scott stated that Laketon Township passed this ordinance and stated the money would come to the township instead of going to the county and the township could then in turn say where the money will be spent. Mary Ellen read a potion of a letter received from Elizabeth Winsche, Library Director, stating that if additional townships in Muskegon County adopt this Uniform Traffic Code, it will negatively affect the funding of your public libraries. The amount of the reduction cannot be defined but it could be a significant loss in revenue at a time when libraries can least afford it". Board members were not willing to harm funding of our libraries and were confused regarding the conflict between the traffic code and library funding. The attorney explained the ordinance document further.

Motion by Rosemary, support by Petsy, PASSED to postpone this item for further clarification.

FEE FOR APPRAISAL OF 4.3 ACRES ON TYLER ROAD ADJOINING BEEGLE FIELD:
Scott stated this appraisal needs to be completed to appraise the captioned property, and stated that this is the only quote received for this appraisal as Elden J. Nedeau and Associates, Inc. is the only appraisal company in Muskegon that is State Certified by the DNR to conduct such an appraisal. Scott stated the fee of $1,500.00 will be reimbursed from a State Grant.

Motion by Rosemary, support by Scott, PASSED to approve paying the fee of $1,500.00 for the appraisal as quoted. Roll call vote. Yes: Rosemary, Scott, Mike, Diane, Kevin, Petsy and Mary Ellen. No: none.

RESOLUTION NORTHSIDE WATER AND EASTSIDE WATER SYSTEMS COMBINED:
The resolution before the Board states that Dalton Township supports the efforts of the Muskegon County Board of Public Works and the County of Muskegon in their expenditure of funds and time in preparing appropriate documents, plans, and management direction, for Muskegon Township's review, and the approval of the owners, in order to accomplish a combined and unified Northside and Eastside system combined.

Some board members stated that everything in this resolution is in contradiction of what the County officals told us previously. They stated previously that combination of these systems should never take place as the Eastside System is very old and the Northside System and customers would then be paying for repairs of the old Eastside System. Scott stated that the county has changed their opinion completely since this time and this resolution does not approve for the Northside to pay for Eastside water improvements. He stated that by combining systems the customer base is larger and will provide proof to the state that loans could easily be repaid with this many users in the system. Mary Ellen stated that she would like to hear from the county officials and the county commissioner that this is now the way to go, as it contradicts former statements from several county officials. Scott stated that the county prepared this resolution and that Muskegon Township and Laketon Township have already approved this same resolution. Pesty also stated this is in contradiction of what the county has told us in the past. Mike stated that he has concerns with approving this resolution as well until the county explains past statements.

Motion by Mary Ellen, support by Mike, PASSED to postpone this item until we can talk to county officials and bring it back to our next meeting.

RESOLUTION REVISING USERS CHARGE AND RATES-NORTHSIDE WATER SYSTEM:
Appendix "A" was changed to reflect updated rates and charges to the Northside Water System Ordinance.

Motion by Diane, support by Rosemary, PASSED to approve the new and revised rates for the Northside Water System user charge units as explained on Exhibit A. Roll call vote. Yes: Diane, Rosemary, Mike, Kevin, Petsy, Mary Ellen and Scott.

BOARD MEMBER COMMENTS:
Scott thanked the attorney for being present at our meeting. The attorney gave the township board updates on new laws that have been approved by the legislature that affect township government. Further discussion followed with the attorney. Mary Ellen updated the board members of election consolidation laws that are in effect and are changing the election coordination as the school systems can no longer, under the consolidation, conduct their own elections. She stated that the process has been confusing for clerks, the county, and the schools. She stated that a meeting was held today with the county, local clerks, and representatives of the school districts and tentative precincts were discussed. She informed the board that school elections will now be conducted by local clerks and this means an election every year in May for township clerks to conduct school elections. She stated the schools are responsible for reimbursement of all costs involved with the school elections, unless other elections are held in conjunction with the school elections. Both Whitehall and Reeths Puffer School Districts are in Dalton Township. She stated this is only a small portion of the state legislation that has changed the election process and procedures. She will update the board in the future with more finalized details. Mary Ellen stated that there is also federal legislation that was passed called H.A.V.A. (Help America Vote Act). She stated that under this Act the State of Michigan will be provided with money for new election equipment that will be implemented in Muskegon County this year, 2005. She explained the new optical scan voting system that will be implemented in the county and explained the training that will be involved in the near future for clerks and election inspectors. Further discussion followed including county wide pay for election inspectors. Mary Ellen explained further and answered questions of the board. Scott stated that pay raises need to be discussed for the budget process and requested that board members call him with their suggestions.

PUBLIC COMMENT:
Brain Banninga made additional comments regarding the West Lake Special Assessment costs that is currently in progress and stated that residents agreed to pay $75.00 per year for this special assessment. He questioned if the costs will be higher than this projected amount. Steve Ellis made comments regarding the time allowed for public comment and questioned why the opinion and advice of citizens is sometimes welcomed and other times not allowed, except during the short public comment time allowed.

ADJOURNMENT:
Motion by Mike, support by Rosemary, PASSED to adjourn at 8:32 p.m.

DALTON TOWNSHIP BOARD
Scott Hladki Supervisor
Mary Ellen Sherwood Clerk
Rosemary Rinella Treasurer
Michael Hiner Trustee
Kevin Wright Trustee
Elizabeth Jenkins Trustee
Diane Misze Trustee