DALTON TOWNSHIP REGULAR BOARD MEETING-JULY 11, 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. Scott stated that Agenda Items Numbered 13 and 14 need to be tabled until the August meeting.

MINUTES:
The Regular Meeting Minutes of June 13 and Special Meeting Minutes for June 27, 2005 were accepted as presented and placed on filed.

PUBLIC COMMENT:
None.

TREASURER'S REPORT:
As of June 30, 2005, the General Fund has $63,635.72, Fire Operating Fund has $102,866.88, and Fire Equipment Fund has $48,209.53. There is $322,327.88 in the Co-Merica J-Fund. The Treasurer's Report was accepted and placed on file for audit.

FIRE BUSINESS:
Fire Chief, Gary Furman, submitted the Incident Log for June 1 through June 30, 2005. Total number of incidents, including exposure fires was 58, with an average response time of 7.7 minutes.

MAINTENANCE:
Maintenance Supervisor, Keith Ostoin, stated that the second application of brining will begin this Wednesday and they will put an additional 1,000 application per road mile, as the amount applied for the first brining for this year was not sufficient. Keith also stated that the cemeteries are looking good and credited this to the seasonal employee, Dick Wells.

MONTHLY BILLS:
Motion by Mike, support by Rosemary, PASSED to approve the monthly bills as submitted. General Fund $8,800.94, Fire Operating Fund $37,579.94, and Cemetery Fund $0.00, Street Light Fund $0.00 and other miscellaneous bills were paid from the Building Fund and other miscellaneous funds. Roll call vote. Yes: Mike, Rosemary, Diane, Kevin, Petsy, Mary Ellen and Scott. No: none.

PLANNING COMMISSION RECOMMENDATIONS:

A. Recommendation by the Planning Commission to approve a Zone Change from A-R (Agricultural) to C-3 (Commercial) and approval of a Special Use Permit at the N. E. corner of Russell and Bard Roads (formerly Baker School) for a service station on this 3.8 acres for McCormick, LLC on Parcel #61-07-021-300-0005-00.

Lengthy discussion took place. Some board members stated that commercial is not consistent with the Township's Master Plan for this area. Mike stated that at the planning commission meeting concerns were expressed about traffic at this location, if approved, and water and sewer issues were discussed; as this utility is not available at this location. Some board members stated that there is a commercial business right across the street from this location. Petsy stated that if commercial is to be allowed at this location, then the Master Plan should be amended first. The attorney stated that the board may deviate from the Master Plan, and stated that there are other commercial properties in this area. He stated that normally an amendment would be made to the Master Plan first; however, it does not need a formal amendment to approve the rezone at this location. Petsy stated that when the Master Plan was created the residents wanted to keep this area rural this is the reason it is zoned A-R. Some board members stated that since there are already commercial properties there, that it is inevitable that commercial will be located there from U.S. 31 to Riley Thompson, the route to Michigan Adventure Park. Permits were discussed that McCormick's will need to obtain from the State, M.D.O.T., M.C.R.C., and the heath department to build the service station at this location. Buffer zones were also discussed.

Motion by Mike, support by Kevin, PASSED to accept the Planning Commission's recommendation and approve the Zone Change from A-R to C-3 as requested by McCormick LLC for the property located at Bard and Russell Roads, as described in the application. Roll call vote. Yes: Mike, Kevin, Mary Ellen and Scott. No: Petsy, Diane and Rosemary.

Motion by Mike, support by Kevin, PASSED to approve the Special Use Permit as outlined on the plans, contingent upon fences or other appropriate buffer zones be installed on the East and North sides of this property. Roll call vote. Yes: Mike, Kevin, Mary Ellen, Rosemary and Scott. No: Petsy and Diane.

RESOLUTION #2- SPECIAL ASSESSMENT FOR STREET LIGHTING ON DOUGLAS TRAIL AND ON CAMP RIDGE TRAIL AS REQUESTED BY PETITIONS FILED:
This is a public hearing and notice was posted, published, and mailed by first class mail to all affected property owners, before this resolution is adopted approving plans, costs, declaring intention to make said improvements as petitioned, tentatively designating a special assessment district, and approving the township supervisor to prepare the Special Assessment Roll. The supervisor declared the public hearing open. No one was present regarding this agenda item.

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

NORTHSIDE WATER SYSTEM RESOLUTIONS-TWO RESOLUTIONS: This first Resolution amends and updates the fees and charges, and changes Appendix A & B, titled, User Charge Units Schedule, to set the interest rate for customer financing of water connections at six (6) percent as the township will be charged interest from bank charges.

Motion by Diane, support by Mike, PASSED to approve the Resolution to amend Appendix A & B, titled, North Side Water System User Charge Units, as stated. Roll call vote. Yes: Diane, Mike, Rosemary, Kevin, Petsy, Mary Ellen and Scott. No: none.

The second resolution addresses water theft and imposes fines for those who steal water from water hydrants. Scott stated the County will enforce the fines, and this will be introduced by placing signs regarding fines by water hydrants, this information will also be published. Discussion followed.

Motion by Diane, support by Petsy, PASSED to approve the Resolution, that changes Appendix A & B, to include fines for water theft, with wordage changes in the Resolution, stating "delinquent water accounts that are forwarded to the Township for placement on property taxes will be charged an administrative fee of $25.00, flat rate, which amends Appendix B of the Muskegon County Northside Water System Rates and Charges." Roll call vote. Yes: Diane, Petsy, Mike, Rosemary, Kevin, Mary Ellen and Scott. No: none.

KYLE GOLDBERG EAGLE PROJECT:
Kyle was present and stated that he is trying to raise money for his Eagle Project, to place an 8 X 24 kick wall and place 8 moveable benches at the soccer field at Beegle Field. He stated that he needs to have $700.00 to complete this project before his 18th birthday in September. Scott stated that the township recently received a $400.00 dollar donation for use at the park.

Motion by Diane, support by Mike, PASSED to approve the $700.00 as stated for benches and a kick wall at the park to complete Mr. Goldberg's Eagle Project. Roll call vote. Yes: Diane, Mike, Rosemary, Kevin, Petsy, Mary Ellen and Scott. No: none.

TOWNSHIP SECRETARY-KRISTY JOHNSON-CARTY:
This item was tabled at the beginning of the meeting.

LAND BID REQUEST:
This item was tabled at the beginning of the meeting.

ROAD ABANDONMENT REQUEST:
A letter was received from the M.C.R.C. regarding a road abandonment request for Dogwood Road from Ironwood to West Lake Road, Plat of Winnetka Park. Petsy questioned if this is approved will it land lock some parcels of land, or will all properties be assessable? Scott stated the same person owns all the parcels in this area.

Motion by Kevin, support by Diane, PASSED to approve the road abandonment request as submitted for Dogwood Road. Roll call vote. Yes: Kevin, Diane, Mike, Rosemary, Petsy, Mary Ellen and Scott. No: none.

BOARD COMMENT:
Communications were reviewed and discussed. Diane updated the board regarding new legislation regarding car sales. Mary Ellen questioned if the board desired to take any action regarding a letter that was received from the state in reference to a liquor license transfer for Dalton Grocery. No action was taken. Mary Ellen provided the board with a letter from the M.C.R.C. regarding upcoming road projects. Scott stated to give this letter to Lynn Young the Road Committee Chairperson. Road projects for this year were discussed with Lynn and the board members. Scott updated the board regarding joint planning projects with surrounding communities. He stated this planning committee will not take over our planning commission, they will work with our planning commission for joint municipal planning projects. Grant money for the proposed projects were discussed. Scott stated that any proposed projects would have to go their respective boards for approval. Scott stated that we will need to appoint two people for this joint planning committee. He suggested one township planning person and one board member. No one was appointed at this time. A date for a special sewer meeting was discussed. A tentative date was set for Monday, August 22nd at 6:00 at Hodges Hall on Whitehall Road; Scott stated that he will confirm if this date will work for the other parties involved. The board discussed and removed the blinking sign ordinance from the new zoning ordinance in commercial areas; stating however, sign permits should still be obtained. Petsy, again suggested, to clear paths in township owned property for trails for non motorized, recreational purposes. The attorney stated that there is still grant money available for this type of use. Petsy suggested that the township look into possible grant funding. Scott questioned the board if this is something to check into. All agreed. Petsy will look into this item further. An illegal dump of hazardous waste was discussed, but just happened and not much information available.
PUBLIC COMMENT:
Mr. Short of Mueller Road and Ms. Ivall of Johnston Road were both present to express concerns regarding the recent newspaper article regarding an e-coli warning issued for Middle Lake. This was discussed in detail. Mr. Short suggested that future planning should take place to prevent e-coli outbreaks in the future. The use and inspection of septic systems were discussed, parties at private properties on the lake, more growth, rains, lawn fertilizers, and other possible causes of e-coli were discussed. Mary Ellen suggested if anyone smells septic system odors to contact the Muskegon County Health Department.

ADJOURNMENT:
Motion by Rosemary, support by Mike, PASSED to adjourn at 8:17 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