DALTON TOWNSHIP REGULAR BOARD MEETING-APRIL 11, 2005
7:00 P.M.

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

BOARD MEMBERS ABSENT: Kevin Wright.

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 special meeting minutes of March 7, 2005, the regular meeting minutes of March 14, 2005, and the special meeting minutes of March 28, 2005 were all accepted as presented and placed on filed. Scott requested one clarification regarding a motion made pertaining to bid openings.

PUBLIC COMMENT:
Richard Hoge stated his concerns and opposition to preliminary approval of the Site Condo at Michillinda and Dalson Roads. Other letters of concern and opposition were also received by residents in this area. Mr. Hoge stated that the Planning Commission did not recommend approval of this project to the township board and he hopes the board will follow their lead. Andy Kops stated that he would like the board to approve the new PINS Contract with the Muskegon County Sheriff Department to help fund local sheriff patrols in Dalton Township, and he stated his reasons for the same. Tom VanAndel stated his support for the PINS contract as well and stated his reasons for the same.

TREASURER'S REPORT:
As of March 31, 2005, the General Fund has $218,350.56, Fire Operating Fund has $180,150.29, and Fire Equipment Fund has $45,700.02. There is $320,200.11 in the Co-Merica J-Fund. The Treasurer's Report was accepted and placed on file for audit.

FIRE BUSINESS:
Fire Chief, Gary Furman was present and stated due to many brush fires the Incident Log for March would be submitted at a later date. There was no further information regarding the Fire Department.

MAINTENANCE:
Maintenance Supervisor, Keith Ostoin, stated the new tractor that was approved for purchase was ordered.

ORDINANCE ENFORCEMENT:
The Ordinance Enforcement Officer, Eric Ridout, resigned from this position as mentioned at the previous meeting, effective April 30. The newly appointed Ordinance Enforcement Officer, Frank Swietk was not present.

CEMETERY:
Steven Klimowicz, a Scout in the process of earning his Eagle badge, was present and requested the board approve his proposed project to replace the flag pole at the Twin Lake cemetery with a new pole and some aesthetic plants. He further explained his project and the costs.

Motion by Diane, support by Mike, PASSED to approve the project proposed by Mr. Klimowicz and approve the expenditure of $350.00 for a 25' flag pole and accessories to be placed at the same location at the Twin Lake Cemetery. Roll call vote. Yes: Diane, Mike, Rosemary, Petsy, Mary Ellen and Scott. No: none.

BUILDING INSPECTOR:
Building Inspector, Chris Hall, stated that he would like the board to consider adoption of the proposed Construction Code Ordinance, as prepared by the township attorney, so that the township can better enforce the State Construction Code and associated responsibility, fees, appeals, and sanctions.

Motion by Diane, support by Mike, PASSED for this ordinance to be drafted by the attorney and brought to the next regular board meeting for the first reading to better enforce the State Construction Code. Yes: all.

Building Inspector, Chris Hall, also requested the board adopt a resolution regarding the retention of fire insurance proceeds. Section 2845 allows municipalities to retain a portion of insurance settlement proceeds if a home is destroyed by fire and the property owners do not clean up the debris. The township can then have the hazardous material removed from the property, and through this resolution adoption can retain 25 percent of the cash value of the insured real property of 25 percent of the final settlement, which ever is less, not to exceed $6,000 for clean up costs.

Motion by Diane, support by Mike, PASSED to approve the Insurance Proceeds Trust Fund Resolution as written. Roll call vote. Yes: Diane, Mike, Rosemary, Petsy, Mary Ellen and Scott. No: none.

MONTHLY BILLS:
Motion by Mike, support by Rosemary, PASSED to approve the monthly bills as submitted. General Fund $68,254.99, Fire Operating Fund $8,894.82, and Cemetery Fund $14.10, Street Light Fund $1,398.62 and other miscellaneous bills were paid. Roll call vote. Yes: Mike, Rosemary, Diane, Petsy, Mary Ellen and Scott. No: none.

PLANNING COMMISSION RECOMMENDATIONS:
Request by Gary Langlois of Nexus Realty for Windy Woods Site Condominium on Michillinda Road, west of Dalson Road. Mr. Steven Vallier of Westshore Consultants was present to explain the plans. Mr. Vallier explained the Site Condo would be located on 31 acres NW of Michillinda and Dalson Roads. He stated this item is for preliminary approval and necessary permits from the health department, the road commission, the drain commissioner, etc., have not been sought until preliminary approval was granted by the township board. The zoning administrator stated that they have met all of the zoning and preliminary requirements for approval. Mike stated the planning commission denied the request because nearby residents were apposed to the project because of traffic, upkeep of the roads, and many other concerns as stated at the planning commission meeting and submitted to the Township Board in letters and in person. The attorney stated that the board cannot deny the request for preliminary approval if the proper zoning is in place and all ordinance requirements have been met. He also stated that if the developer paves road ways outside of the site condo it will be of their own accord and the township cannot place stipulations that paving be done outside the site condos.

Motion by Diane, support by Petsy, PASSED to approve the Preliminary Plans for the Windy Woods Site Condo, subject to permit approvals from all other agencies including the road commission, the drain commissioner, the health department, etc. Yes: Diane, Petsy, Mike, Rosemary, Mary Ellen and Scott. No: None.

Request by Steven Vallier for Weberg Estates Site Condominium, Section 1, Lots 1-3 on Brock Road, near Dalson and Holton Roads. This item was approved by the planning commission and they recommended approval to the township board. Mr. Vallier explained this is final approval for this project and all permits have been obtained for this site condo. A letter was submitted from Victoria Webster, of the Health Department, stating this project was approved with stipulations that shall be placed on the deed. Discussion followed.

Motion by Mike, support by Diane, PASSED to approve the final plans for the Weberg Estates Site Condominium. Roll call vote. Yes: Mike, Diane, Petsy, Rosemary, Mary Ellen and Scott. No: none.

Request by James Rudicil for a Special Use Permit for a Garden Center, Retail Landscape, and Landscape Contractor business at 3918 Holton Road. The zoning administrator stated that all permit approvals have been obtained for this item, there is a driveway route around the perimeters for fire truck access, and MDOT has approved driveway plans. Mr. Rudicil stated that they have been in business 12 years and need a new suitable location. Discussion followed.

Motion by Diane, support by Mike, PASSED to approve the Special Use Permit (SUP) for James Rudicil as submitted. Roll call vote. Yes: Diane, Mike, Petsy, Rosemary, Mary Ellen and Scott. No: none.

APPOINT MEMBER AND ALTERNATE MEMBER FOR WATER SYSTEM MANAGEMENT POLICY BOARD:
Scott stated that he is the member of the Muskegon Municipal Wastewater Management Committee and Mary Ellen is the alternate member of this Committee. Therefore, he would like the board to appoint him as the member of the Water System Management Policy Board and Rosemary as the alternate member.

Motion by Mike, support by Petsy, PASSED to approve the appointment of Scott as the member and Rosemary as the alternate member for the Water System Management Policy Board. Yes: all.

INTERGOVERNMENTAL AGREEMENT FOR PARTNERSHIP IN NEIGHBORHOOD SAFETY:
The Agreement provided between the County of Muskegon and the Townships of Dalton, Fruitland, Laketon, and Whitehall was written for a five year period, being April 1, 2005 through March 31, 2010; for one sheriff deputy assigned to Dalton Township, one sheriff deputy assigned to Laketon Township, and one sheriff deputy assigned to be shared by Fruitland and Whitehall Townships. The costs, the assignment of deputies, maintenance, etc, is covered in the Intergovernmental Agreement. The agreement states the township cost share is 50 percent and Dalton Township cost is 50 percent of actual costs for salary, benefits, vehicles, maintenance, gasoline, etc. Scott questioned if the township costs were actually 50 percent as it seems it is more than 50 percent of the actual costs. Sheriff George Jurkas, the under sheriff, and the Dalton Township PINS officer, were present and answered some questions of the board, but stated if costs are to be changed or negotiated they need to be negotiated with the county board of commissioners. Scott suggested that we approve the agreement for one year and try to negotiate future amounts as the current year will cost the township $48,612.00 and is estimated to cost $66,583 in five years. Mary Ellen stated if cuts need to be made it should not be in the areas of public safety. Diane stated it is getting more expensive, but the township has benefited from the program.

Motion by Mike, support by Rosemary, PASSED to approve Intergovernmental Agreement for Partnership in Neighborhood Safety for one year, and negotiate with the county for the others years stated in the agreement. Roll call vote. Yes: Mike, Rosemary, Diane, Petsy, Mary Ellen and Scott. No: none.

ADOPT SEWER RATES AND CHARGES:
A letter was received from Tom Traciak of ACI Finance stating that he received updated analysis as it pertains to the Sanitary Sewer Study provided by Johnson and Anderson, Inc. The revised estimated costs for connections are $6,500.00 and $58.00 per quarter, per user. Mary Ellen questioned why the cost for Sewer connections on Williamson was 4,800.00 and this is estimated at $6,500.00. It was explained the connection charges will support the infrastructure cost and user rates will provide the revenue support for operations, maintenance and sewer service purchase. Hardship cases were discussed and what can be done for anyone in a hardship position. The attorney explained the process the township can take to help with these situations.

Motion by Petsy, support by Scott, PASSED to approve the sewer rates and charges as written for Phase I. Yes: Petsy, Scott, Mike, Diane, Rosemary and Mary Ellen. No: none.

TOWNSHIP SEPTIC SYSTEM:
Scott stated that he would like to hold off on the repairs of the septic system/drain field for now as it seems to be working alright again. He stated maybe the spring high water table caused the overflow; however, he would like board approval of this expenditure in the event that repairs are immanent. Pesty questioned if Scott received more than one quote. He stated no. Petsy suggested that Scott obtain another quote for comparison purposes.

Motion by Rosemary, support by Diane, PASSED to approve the expenditure of up to $4,500.00 for a new septic system/drain field if needed. Yes: Rosemary, Diane, Petsy, Mike, Mary Ellen and Scott. No: none.

RESOLUTION NUMBER THREE (3) FOR NORTH AND WEST LAKES SPECIAL ASSESSMENT DISTRICT:
Motion by Rosemary, support by Mike, PASSED to approve Resolution Number Three (3) for both North and West Lake Special Assessment Rolls. Roll call vote: Yes: Rosemary, Mike, Diane, Petsy, Mary Ellen and Scott. No: none.

Motion by Diane, support by Rosemary, PASSED to set the public hearing date for May 9, 2005, at the next regular board meeting, for the Special Assessment Rolls for North and West Lake Special Assessment. Yes: all.

APPROVE PURCHASE AGREEMENT FOR LAND GRANT AND PAY FOR THE LAND AT BEEGLE FIELD:
Motion by Rosemary, support by Scott, PASSED to approve the land Purchase Agreement for property located near the current Beegle Field Park for $58,000.00 with $30,000.00 being reimbursed from grant funding. Roll call vote: Yes: Rosemary, Scott, Mike and Mary Ellen. No: Diane and Pesty.

LAND BID-LAKEWOOD:
Motion by Diane, support by Mike, PASSED to approve the land bid submitted by Josh Blohm for $1,000.00 for Lakewood Addition Number 7, Block 85, Lots 1-6, Section 4. Roll call vote: Yes: Diane, Mike, Rosemary, Petsy, Mary Ellen and Scott. No: none.

LAND BID-BLAIR:
Motion by Diane, support by Rosemary, PASSED to approve the land bid submitted by Kevin Wright for $11,157.00 for Sunview, Lot 33, Section 031 on Blair Road. Roll call vote: Yes: Diane, Rosemary, Mike, Petsy, Mary Ellen and Scott. No: none.

BOARD COMMENT:
Motion by Diane, support by Scott, PASSED to authorize the treasurer to sign subordination agreements for refinancing purposes on behalf of Dalton Township. Yes: all.

Brining of dirt roads and the conditions of roads were discussed. Scott gave an update of a pending legal case. Scott stated that he has to have another surgery to remove additional lymph nodes where cancer was found. He stated after the surgery he will then begin a year of chemotherapy treatments. He stated that he would like to recommend Zoning Administrative, Stephanie Barrett, to be appointed as the Deputy Supervisor to work with him and attend meetings and bring back information. Mary Ellen stated that she is the alternate to attend and vote on the Wastewater Committee, and Rosemary is the voting alternate on the Northside Water Committee in Scott's absence. Petsy stated that we made it through months before without a supervisor in between Rich and Scott and made it through. Some board members felt this was an extra expense for the township when there are six other board members that could pitch in and keep things going. Mike and Rosemary stated that they would like to keep Stephanie in mind for the position. The attorney stated that Scott did not need the board's approval to appoint a deputy, the board would however, need to set the pay scale for this position.

PUBLIC COMMENT:
Richard Vallier stated that Scott should consider Trustee, Diane Misze, for the Deputy Supervisor position as she has much more experience. Mr. Vallier also questioned why the treasurer's husband is being covered by the township insurance policy as he is over 65 years of age. The attorney stated that he would review appropriate documents to see if this was the intent of the insurance coverage ordinance. County Commissioner, Chuck Buzzell stated that having the attorney at the board meetings is much more efficient. He also updated the board regarding county wide fiscal issues. David Glick stated concerns about the terrible conditions of Cady Road. Karen Fowler made comments regarding weed control and fertilizers that cause lake weeds.

ADJOURNMENT:
Motion by Mike, support by Diane, PASSED to adjourn at 9:02 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