DALTON TOWNSHIP REGULAR BOARD MEETING-AUGUST 8, 2005
7:00 P.M.

BOARD MEMBERS PRESENT: Scott Hladki, Mary Ellen Sherwood, Rosemary Rinella, Mike Hiner, Elizabeth (Petsy) Jenkins and Diane Misze (6).

BOARD MEMBERS ABSENT: Kevin Wright (1).

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 July 11, 2005 were accepted as presented and placed on filed.

Agenda item number 10 was stricken from the agenda as no letter of appeal has been received.

PUBLIC COMMENT:
Mr. and Mrs. Andy Kops were present regarding the Land Bid that is on the agenda for the board's consideration. Mr. Kops stated that he has been a resident of Dalton Township all of his life and explained that he requested the land be put up for bid. He explained that he would like to build a residential home for himself and his family.

TREASURER'S REPORT:
As of July 31, 2005, the General Fund has $47,628.93, Fire Operating Fund has $82,957.53, and Fire Equipment Fund has $46,615.8. There is $323,142.08 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 July 1 through July 31, 2005. Total number of incidents, including exposure fires was 48, with an average response time of 7.52 minutes.

FIRE DEPARTMENT MILLAGE RENEWAL:
Proposed millage renewal language was submitted to the board for approval and also approval for the proposals to be placed on the November General Election ballot for this year. The proposed language is to renew the fire operating millage and the fire equipment millage that expires this year. The proposed operating millage is 1.5 mills for 20 years and the proposed equipment millage is for .50 mills for 10 years.

Motion by Rosemary, support by Mike, PASSED to approve the millage renewal language as submitted and to approve the proposals be placed on the November General Election ballot for this year. Roll call vote. Yes: Rosemary, Mike, Diane, Petsy, Mary Ellen and Scott. No: None.

MAINTENANCE:
Maintenance Supervisor, Keith Ostoin, stated that the second application of brining has been completed with very few complaints from residents. Keith stated that the maintenance department purchased a used truck that was previously approved by the board. He stated the truck came in under budget by $2,500.00.

CEMETERY:
Scott stated that last year the board approved half of the costs to construct the roads in the new portion of the Twin Lake Cemetery. He stated that he would like the board's approval to finish the roads this year, as budgeted, in the amount of $7,585.00.

Motion by Diane, support by Rosemary, PASSED to approve finishing the roadways in the new portion of the Twin Lake Cemetery in the amount of $7,585.00. Roll call vote. Yes: Diane, Rosemary, Mike, Petsy, Mary Ellen and Scott. No: None.

MECHANICAL INSPECTOR:
Scott stated that it is not in the best interest of the Township to leave this position vacant until pending issues with the current inspector are resolved.

Motion by Mary Ellen, support by Rosemary, PASSED to terminate the mechanical contractor agreement and advertise for this position. Roll call vote. Yes: Mary Ellen, Rosemary, Mike, Petsy, Diane and Scott. No: None.

MONTHLY BILLS:
Motion by Mike, support by Rosemary, PASSED to approve the monthly bills as submitted. General Fund $108,140.93, Fire Operating Fund $19,688.83, and Cemetery Fund $514.50, Street Light Fund $1,380.59 and other miscellaneous bills were paid from the Building Fund and other miscellaneous funds. Roll call vote. Yes: Mike, Rosemary, Diane, Mary Ellen and Scott. No Petsy.

TOWNSHIP ROAD COMMITTEE:
ROAD MILLAGE: Road Committee Chairperson, Lynn Young, was present and explained that the Committee is requesting the Board approve to place millage language on the November General Election ballot for .50 mills for roads, with a five year (5) cap for, both paved and unpaved roads within the township.

Motion by Mike, support by Scott, PASSED to place the road millage proposals on the ballot for the people to decide regarding this issue. Roll call vote. Yes: Mike, Scott, Diane, Rosemary, Petsy, Mary Ellen. No: None.

CADY ROAD IMPROVEMENTS: An estimate was received for Roadway Improvements on Cady Road, in Dalton Township for $37,000.00. The condition of Cady Road was discussed and different types of material and grades were also discussed. A material called Blue Chip or Trap Rock was discussed tonight as well as at several prior meetings as the costs for this material is much less than traditional materials that have been used. Members of the Road Committee stated that the Muskegon County Road Commission personnel stated they do not allow this material to be used on county roads. Further discussion took place regarding this material being used in the Village of Lakewood Club and also used in Oceana County where the results seem to be good and less costly.

Motion by Mary Ellen, support by Diane, PASSED to approve the Roadway Improvements as submitted for Cady Road for $40,000.00; and for Scott to speak with the M.C.R.C. personnel to request using the Blue Chip or Trap Rock for said improvements. Roll call vote. Yes: Mary Ellen, Diane, Mike, Petsy, Rosemary and Scott.

PLANNING COMMISSION RECOMMENDATIONS:

A. Recommendation by the Planning Commission to approve a Special Use Permit for a Tattoo Parlor with Body Piercing and Tanning at 2448 Holton Road, for DeWayne Puffer. Parcel #61-07-035-300-0068-00.

Mr. Puffer was present and explained his proposed business. Bob Grant, of the Dalton Township Planning Commission, spoke in favor of granting the Special Use Permit stating that he conducted a survey of 50 people and only seven people did not want this type of business. Zoning Administrator, Stephanie Barrett, stated that Mr. Puffer has taken the Red Cross blood borne pathogen classes and belongs to a tattoo club. Mary Ellen questioned if this type of business is regulated by the county or the state for cleanliness, etc. Mr. Puffer stated this type of business is not regulated. Mike stated that there were only two people with concerns at the planning commission meeting and their concerns were discussed and answered.

Motion by Diane, support by Scott, PASSED to approve the Special Use Permit as stated on the application at 2448 Holton Road. Roll call vote. Yes: Diane, Scott, Rosemary, Mike, Petsy and Mary Ellen. No: None.

CELL TOWER ON TOWNSHIP PROPERTY:
Petsy stated that she would like to see this revenue to be put toward the account for road repairs, construction, etc. Other board members felt this was a good suggestion. The attorney explained that the township would have to apply for a special use permit as anyone else would have to for this purpose.

Motion by Diane, support by Mike, PASSED to approve for the supervisor to negotiate with Cingular for this cell tower to be placed on township property and with the township receiving $1,000.00 or more per month to lease the property; and apply for a special use permit in the township's name for the same. Roll call vote. Yes: All. No: None.

APPEAL OF LAND DIVISION AS REQUESTED BY MERLIN HERLEIN:
This item was tabled at the beginning of the meeting.

RESOLUTION APPROVING MUSKEGON COUNTY D.P.W. CONTRACT:
Motion by Mary Ellen, support by Rosemary, PASSED to approve the Resolution approving the Muskegon County D.P.W. Contract in reference to constructing and financing wastewater improvements and expansions "The Project"; contingent upon the same figures after a meeting tomorrow regarding the same. Roll call vote. Yes: Mary Ellen, Rosemary, Diane, Mike, Petsy and Scott. No: None.

MUSKEGON COUNTY WASTEWATER MANAGEMENT SYSTEM--NUMBER ONE (1) SERIES 2005 BOND CONTRACT:
Motion by Mary Ellen, support by Mike, PASSED to approve the Muskegon County Wastewater Management System Number One Series Bond Contract; contingent upon the same information applies after a meeting tomorrow regarding the same. Roll call vote. Yes: Mary Ellen, Rosemary, Diane, Mike, Petsy and Scott. No: None.

LAND BIDS FOR TOWNSHIP PROPERTY ON RUSSELL ROAD:
Andrew Kops mentioned at the beginning of the meeting that he requested that this property be put up for bid as he would like to construct a residential home for himself and his family. The land is described as Block 42, lots 1-22, 25-28, 31-34, 37-48; also Block 43, lots, 1-42, 45-48. Bids were opened at the meeting.
Mike Hiner stated that the builders that have been bidding on township property are much more savvy than the average person and requested the board take Mr. Kops comments into consideration. Petsy stated that this property is the property that has been logged off in the past and the township has generated money from the logging. She stated additional reasons that she felt to sell this property would not be in the best interest of the township. Further discussion followed. Scott stated that this is not in the resource conservation district and that revenue would also be generated by having a residential dwelling on the property.

Motion by Mike, support by Rosemary, PASSED to accept the two bids for $12,500.00 each, as explained, and submitted by Andy Kops. Roll call vote. Yes: Mike, Rosemary, Mary Ellen and Scott. No: Diane and Petsy.

ROAD ABANDONMENT OWNERSHIP FOR STRAND AND DOGWOOD:
Motion by Diane, support by Mike, PASSED to approve the Road Abandonment for Strand and Dogwood Roads and deny ownership of the same; stating the ownership should go the abutting property owners. Roll call vote. Yes: Diane, Mike, Rosemary, Petsy, Mary Ellen and Scott. No: None.

STREET LIGHTING SPECIAL ASSESSMENT RESOLUTION NUMBER THREE:
Motion by Diane, support by Rosemary, PASSED to adopt Resolution Number three (3) explaining the costs, the location, directs the supervisor to prepare the special assessment roll, etc., which continues the process for the Street Light Special Assessment District for All property owners on Douglas Trail and Camp Ridge Trail in Dalton Township as was requested on petitions filed by the residents. Roll call vote. Yes: Diane, Rosemary, Mike, Petsy, Mary Ellen and Scott. No: None.

DALTON TOWNSHIP HALL SIGN:
Motion by Mike, support by Rosemary, PASSED to allow the supervisor to get samples, designs, and costs, for this purpose and bring this issue back to the township board. Yes: All.

BOARD COMMENT:
Scott stated that the former cleaning person for township hall was mistakenly underpaid by $210.88. He stated that there was not formerly a line item budgeted for this position, leading to the error. He requested the board approve this payment.

Motion by Scott, support by Mike, PASSED to approve the payment for $210.88. Roll call vote. Yes: Scott, Mike, Diane and Rosemary. No: Mary Ellen and Petsy.

Scott provided the board with copies of a draft ordinance that the attorney prepared pertaining to employee pension and insurance.

PUBLIC COMMENT:
Merlin Herlein of West Lake Road urged the board to consider placing street lights at the curves on West Lake Road.

Mr. and Mrs. Vida were present again to express their concerns regarding the draft zoning ordinance pertaining to zoning of residential property. Annette Vida explained that the former R-1 zoning included uses for farming, agriculture, and livestock, and by deleting these from the R-1 zoning one would have to apply for and pay for a rezone of their property. She expressed her concern that R-1 zoning should continue to retain the designation for farming, agriculture, and livestock. Others present, including board members, agreed. Mrs. Vida stated that people moved from the city to a rural setting and to have horses if they choose and this change in the ordinance would not allow this without a rezone of their property.

Merlin Herlein discussed and explained the process to appeal a subdivision with the board and the township attorney. He stated that he was told by a township official that if an application comes in for a subdivision and everything is in line including zoning, etc., then the board cannot deny the subdivision application. He stated this is not correct and that an appeal can be made.

ADJOURNMENT:
Motion by Mike, support by Diane, PASSED to adjourn at 8:59 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