DALTON TOWNSHIP REGULAR BOARD MEETING-JUNE 13, 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 (7).

BOARD MEMBERS ABSENT: None (0).

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 May 9, 2005 were accepted as presented and placed on filed.

PUBLIC COMMENT:
None.

TREASURER'S REPORT:
As of May 31, 2005, the General Fund has $137,046.60, Fire Operating Fund has $132,699.10, and Fire Equipment Fund has $38,504.79. There is $321,592.44 in the Co-Merica J-Fund. The Treasurer's Report was accepted and placed on file for audit.

FIRE BUSINESS:
Assistant Fire Chief, Kevin Anderson, submitted the Incident Log for May 1 through May 31, 2005. Total number of incidents, including exposure fires was 62, with an average response time of 7.16 minutes.

Kevin stated that the Board had previously approved and budgeted for the purchase of an ATV Vehicle for the Fire Department. He stated that the fire chief and the officers selected a Polaris 6 X 6 package that includes the trailer. He stated that he would like approval from the Board to purchase this vehicle.

Motion by Diane, support by Petsy, PASSED to allow the fire department to purchase the 6 X 6 Polaris package for $13,500.00. Roll call vote. Yes: Diane, Petsy, Rosemary, Mike, Kevin, Mary Ellen and Scott. No: none.

MAINTENANCE:
Maintenance Supervisor, Keith Ostoin, stated that routine operations are happening in the maintenance department and discussion regarding road brining.

ORDINANCE ENFORCEMENT:
Ordinance Officer, Frank Swiatek, updated the Board, stating that he has closed 51 cases, 22 are pending, and 19 have been reopened; and the Ordinance Department has spent no money on court costs.

MECHANICAL INSPECTOR:
An updated fee schedule for mechanical inspections was presented to the Board. Discussion followed.

Motion by Rosemary, support by Diane, PASSED to leave the fees schedule for mechanical inspections as it is currently. Yes: all.

Motion by Rosemary, support by Petsy, PASSED to name Scott Plummer of Riverside Inspections as the temporary mechanical inspector for Dalton Township. Yes: all.
BUILDING INSPECTOR:
Building Inspector, Chris Hall, stated that the State Construction Code Ordinance is provided in the packets for the Board's final reading and approval. He reminded the board that we have already adopted this Code; however, by adopting this Ordinance, it will make it easier to enforce the Code and associated fines, etc.

Motion by Diane, support by Mike, PASSED to approve the final reading of the State Construction Code Ordinance. Roll call vote. Yes: Diane, Mike, Kevin, Petsy, Rosemary and Mary Ellen and Scott. No: none.

DUFF ROAD RENTAL: Chris provided the board with a list of items that need to be repaired and/or replaced at the township's rental property on Duff Road, as has been discussed at previous meetings. Scott stated the amount that was budgeted for repairs for this property.

Motion by Mary Ellen, support by Kevin, PASSED to repair or replace windows, repair electrical as stated, and replace and/or repair as much as possible with the amount budgeted. Roll call vote. Yes: Mary Ellen, Kevin, Petsy, Mike, Diane, Rosemary and Scott. No: none.

MONTHLY BILLS:
Motion by Mike, support by Rosemary, PASSED to approve the monthly bills as submitted. General Fund $67,027.49, Fire Operating Fund $5,744.51, and Cemetery Fund $470.59, Street Light Fund $1,383.55 and other miscellaneous bills were paid. Roll call vote. Yes: Mike, Rosemary, Diane, Mary Ellen, Petsy, Kevin and Scott. No: none.

PLANNING COMMISSION RECOMMENDATIONS:

A. Recommendation by the Planning Commission to approve a Special Use Permit for sand mining for Rodger Jourden Jr. and also a Zone Change request from R-1 to AR at 477 Riley Thompson Road.

Motion by Kevin, support by Mike, PASSED to approve the Zone Change for Mr. Jourden, as stated and recommended by the Planning Commission. Yes: Kevin, Mike, Mary Ellen, Diane, Rosemary and Scott. No: Petsy.

Motion by Mike, support by Kevin, PASSED to approve the Sand Mining Permit as requested and recommended by the Planning Commission for Mr. Jourden. Roll call vote. Yes: Kevin, Mike, Mary Ellen, Rosemary and Scott. No: Petsy and Diane.

B. Recommendation by the Planning Commission for reconsideration of a special condition for Tim Trusty's Special Use Permit for his auto repair facility at 5463 Holton Road.

The original Special Use Permit was approved to use this location for Mr. Trusty's business on a temporary basis until Mr. Trusty could find a suitable location for his business. Mike stated this location is zoned for this type of business in the Master Plan and business are located across the street. Mary Ellen stated that it may be zoned for commercial in the future; however, at this time this business is right in between residential homes, on both sides. Curb, gutters, lighting, and a bathroom was discussed.

Motion by Diane, support by Mike, PASSED to approve the recommendation of the Planning Commission and allow the business to remain at said location with all curbs and gutters installed, as required, and also a bathroom as required. Roll call vote. Yes: Diane, Mike, Kevin, Petsy, Rosemary and Scott. No: Mary Ellen.

C. Recommendation by the Planning Commission to allow more hours for Motocross Racing at Thunderbird Raceway, for Roman Marciniak at 350 Riley Thompson Road.

Motion by Diane, support by Rosemary, PASSED to approve more hours of operation from 1:00 p.m. until dusk on Thursdays, Fridays, and Saturdays. Wednesday and Sunday race hours will remain the same as currently allowed. Roll call vote. Yes: Diane, Rosemary, Kevin, Mike, Petsy, Mary Ellen and Scott. No: None.

D. Recommendation by the Planning Commission for approval of a four-unit site condo located on Russell Road SE of the railroad tracks. Parcel number 61-07-032-200-0003-10 for Mr. Spyke.

Mr. Ron Kadelsik, of Westshore Consulting, was present on behalf of Mr. Spyke and explained the plans and the project. Mr. Kadelsik stated that they will meet required easements as a drain goes through this property. Test wells and water quality were also discussed.

Motion by Diane, support by Petsy, PASSED to approve the four-unit site condo as stated and recommended by the Planning Commission, upon the approval of the Health Department and test wells. Yes: Diane, Petsy, Kevin, Mike, Mary Ellen, Rosemary and Scott. No: none.

E. Recommendation by the Planning Commission for approval of an Adult Foster Care Facility at 3716 Whitehall Road for Mr. and Mrs. Clint Hall.

Mr. and Mrs. Hall were present and explained that they currently operate an adult foster care facility in Fruitland Township. It was stated that Mrs. Hall is a registered nurse and they also explained the inspection process that the State of Michigan will conduct before they open this business in about a year. Also stating that the drive will be paved by this time.

Motion by Kevin, support by Mike, PASSED to approve the Special Use Permit for an Adult Foster Care Facility at 3716 Whitehall Road for Mr. and Mrs. Hall, as requested and approved by the Planning Commission. Roll call vote. Yes: Kevin, Mike, Mary Ellen, Diane, Rosemary, Petsy and Scott. No: none.

F. Recommendation of the zoning administrator for revocation of Tom Schalk/Dixon Smith's Special Use Permit for Kobe Hall located at 4860 Holton Road.

The zoning administrator explained that conditions of the special use permit included approval from the drain commissioner, which was approved and now has been revoked; paved parking for 40 cars has not been verified; and a fire lane that is required does not exist. Lengthy discussion took place regarding this issue. Mr. Dixon Smith and his Attorney, Robert Eklund, were present to discuss possible solutions to the drainage issue. Other business owners in this same area were present as well. Also the Muskegon County Drain Commissioner, Marty Hulka, was present to discuss the drainage issue at this location and give the board members an update of a recent meeting in his office regarding the same. Mr. Hulka stated that any further building in this area will require the drain commission approval. Mr. Hulka stated that Mr. Robert Klingel, builder of the site in question, offered to pay $18,000 by this Wednesday to alleviate this problem. Mr. Hulka stated if this happens, then the drainage problem will be solved. Stating the money will be placed in escrow, the work will be bid out, and the corrections will be made for the drainage problem at this location.
After much discussion, it was decided to wait until after Wednesday to take this issue any further.

Motion by Mike, support by Kevin, PASSED to postpone this issue. No action taken. Yes: all.

RESOLUTION #4 NORTH LAKE & WEST LAKE SPECIAL ASSESSMENTS. CONFIRMATION OF SPECIAL ASSESSMENT ROLLS FOR WEED CONTROL PROGRAMS:
The public hearing was open to hear and record any objections to the special assessments levied on either North Lake or West Lake. This action was requested by petition of 50 percent or more of the homeowners on these lakes. No one filled out the form objecting to their special assessment; however questions were entertained by a few residents regarding the special assessment amount per year, the ingredients used for the weed control, etc. Rosemary explained the residents will be billed for this year's cost, and in the future the special assessment billing will be included on the winter tax bills. One letter of objection to special assessments on any lakes in the Township was received. No further comments were made. Hearing closed.

Motion by Mike, support by Rosemary, PASSED to approve the Resolution confirming the special assessment rolls for both North Lake and West Lake. Roll call vote. Yes: Mike, Rosemary, Kevin, Diane, Petsy, Mary Ellen and Scott. No: none.

RESOLUTION #1 SPECIAL ASSESSMENT FOR STREET LIGHTS:
This action was requested by petition of 50 percent, or more, of the land owners in this proposed special assessment district for street lighting along Douglas Trail and Camp Ridge Trail.

Motion by Diane, support by Mike, PASSED to approve Resolution Number One to establish the District and obtain costs of the Special Assessment District for Street Lighting on Douglas Trail and Camp Ridge Trail. Roll call vote. Yes: Diane, Mike, Rosemary, Kevin, Petsy, Mary Ellen and Scott. No: none.

APPROVAL OF THE BOARD TO ALLOW THE COUNTY TO MOVE AHEAD ON SEWER PROJECT ON WHITEHALL ROAD--PHASE 1:
A letter was received from John Warner, Deputy Director of the Muskegon County Department of Public Works, stating there seems to be confusion with some board members regarding these proposed projects and the process that the Township may take in reference to the same. Some board members agreed, and discussion took place. This item was postponed. No action taken.

ROOF BIDS FOR TOWN HALL:
Bids were received from four roofing companies. All were reviewed and discussed.

Motion by Diane, support by Rosemary, PASSED to approve the bid submitted by Bob's Roofing Company, Option II, for $4,854.00. Roll call vote. Yes: Diane, Rosemary, Mike, Petsy, Mary Ellen and Scott. No: Kevin.

REQUEST BY BILL GILLIKEN FOR A LAND SWAP ON RUSSELL ROAD:
Mr. William Gillikin, was present to discuss the letter that he submitted regarding his request for a property swap proposal and clarification with the Township. It was questioned if this property is located in the Forest Preserve Area, where land can not be sold by the Township. This item was referred to the Planning Commission. No action was taken. Most board members were not open to the property swap proposal.

LIBRARY:

A. Resolution in support of the District Library Agreement:

Motion by Mike, support by Diane, PASSED to approve the Resolution in support of the District Library Agreement. Roll call vote. Yes: Mike, Diane, Rosemary, Petsy, Kevin, Mary Ellen and Scott. No: none.

B. Approval of the District Library Agreement:

Motion by Mike, support by Diane, PASSED to approve the District Library Agreement. Roll call vote. Yes: Mike, Diane, Rosemary, Petsy, Kevin, Mary Ellen and Scott. No: none.

C. Resolution to appoint a District Library Board Member:

Motion by Mike, support by Diane, PASSED to approve the Resolution naming Karen Fowler to continue as the Board Representative for Dalton Township on the Muskegon Area District Library Board. Roll call vote. Yes: Mike, Diane, Rosemary, Petsy, Kevin, Mary Ellen and Scott. No: none.

KYLE GOLDBERG EAGLE PROJECT:
This item was postponed.

FIREWORKS DISPLAY BY TOM LUSK:
Motion by Diane, support by Mike, PASSED to approve the Permit as submitted by Mr. Tom Lusk for fire works display at Thunderbird Raceway on July 4, 2005. Yes: all.

MUSKEGON STRIPING & PAVEMENT MAINTENANCE:
This item was postponed.

BOARD COMMENT:
Discussion took place regarding brining and other material used for road repair or construction. Kevin stated that there is a brine material that can be used and it only has to be done once per year. The attorney discussed a truck route ordinance that may help with heavy equipment being used on township roads. Petsy stated the township owns a large amount of property, and recommend the board consider horse and bike trails for the publics use on some of this property. Diane discussed Public Act 495, new legislation that prohibits car dealerships to be located in the same dwelling as a residential home. Scott stated that a $400.00 donation was received for use at Beegle Field.

WATER SYSTEM POLICY BOARD-ALTERNATE MEMBER: Rosemary stated that the Board previously appointed her as the alternate voting member for the Water System Board. She requested that the board revoke this action and appoint Deputy Supervisor, Stephanie Barrett, as the Alternate Voting Member on the Water System Policy Board.

Motion by Mike, support by Kevin, PASSED to appoint Stephanie Barrett as the alternate member of the Muskegon County Regional Water System Policy Board. Roll call vote. Yes: Mike, Kevin, Diane, Rosemary, Petsy, Mary Ellen and Scott. No: None.

SALARY FOR THE DEPUTY SUPERVISOR: Scott stated that he appointed Stephanie Barrett, as his Deputy Supervisor after the last board meeting. He stated the board needs to consider a pay rate for this position. Mary Ellen stated the Board should make this decision tonight as she will be doing payroll tomorrow and can not pay Stephanie until a decision is made. Mary Ellen stated that the budget and accounts will also need to be amended to accommodate for this position. Scott stated that he preferred an hourly rate, as he should be returning to work soon. Stephanie stated that it is hard to determine how much time is being spent on her zoning administration and how much time is spent on deputy supervisor functions. Discussion followed.

Motion by Mike, support by Rosemary, PASSED to approve the establishment of necessary accounts and make the necessary budget amendments of $450.00 per month to accommodate for the deputy supervisor salary until Scott Hladki returns to work on a regular basis. Roll call vote. Yes: Mike, Rosemary, Diane, Petsy, Kevin, Mary Ellen and Scott. No: none.

Motion by Diane, support by Rosemary, PASSED to approve $450.00 per month salary for the Deputy Supervisor position, on a as needed basis, and also to pay for May services that she has worked already.
Roll call vote. Yes: Diane, Rosemary, Mike, Petsy, Kevin, Mary Ellen and Scott. No: none.

PUBLIC COMMENT:
Bruce Fisher, owner of the Alibi Bar on Holton Road, was present to inquire about the recently enforced blinking sign ordinance. Others were also concerned regarding this issue and how to change the ordinance as their businesses have had blinking signs for years now.

ADJOURNMENT:
Motion by Mike, support by Kevin, PASSED to adjourn at 9:30 p.m.

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