BOARD MEMBERS PRESENT: Mary Ellen Sherwood, Rosemary Rinella, Elizabeth (Petsy) Jenkins, Diane Misze and Lynn Young (5).

BOARD MEMBERS ABSENT: Scott Hladki and Mike Hiner (2).

In the Supervisor's absence, the Clerk, Mary Ellen Sherwood, called the meeting to order at the Dalton Township Hall. The Pledge of Allegiance said, invocation given and roll call taken.

The clerk stated that the board must elect a member of the board to serve as the chairperson for this meeting. The attorney stated that the deputy supervisor can chair the meeting, however she can not vote on issues as she is not elected. The deputy supervisor took the chair.

MINUTES:
The Regular Meeting Minutes of October 11, 2005 and the Special Meeting Minutes of October 6, 2005, were accepted as presented and placed on filed.

PUBLIC COMMENT:
David Less of Cat Road was present to express his concerns regarding an item on the agenda regarding private road maintenance. The township has maintained some private roads in the township for 40 years, or more, and now some in the township are proposing to cut this service to the residents, according to the deputy supervisor. Mr. Less stated that he pays the same amount of taxes as someone living on another road that receives these services. He stated that last time this was on the agenda he had time to inform others on private roads of the township's intent to cut these services; this time he only learned of this item a few hours before the meeting. Mary Ellen stated that the Township pays a range of 40.00 to 103.00 dollars per month for the road being discussed and the township pays $300.00 per month for cleaning services, for comparison She stated if cuts need to be made it should not be taking away service that has been provided to residents for so many years. Mark Panozzo, Rick Vitek and Chad Cossack all of Cat Road shared the same concerns and comments, stating they do not want the brining, plowing and grading services to be taken away. Mr. Less stated that the county does an excellent job of grading and plowing. Some stated if this service it going to be taken away, then their tax dollars should be cut as well. Some residents were not even aware that this was a private road. Mary Ellen stated that some roads in the township are truly private roads; as they have a dead end and the only people who use the road are the people living on the road. Mr. Less stated that Cat Road is not a private road since the township let a contractor open the dead end and connect it to another road making it a thruway for everyone to use including buses from two different school districts, the U. S. Postal service and anyone else that wants to use the road. Mr. Vitek stated that 75 percent of the traffic on this road is through traffic, not people living on the road.

The attorney stated that it is not legal for the township to pay for maintenance of private roads; however, there may be other avenues to take to keep this service for the residents. The clerk stated, again this service has been provided for residents for 40 years, or more, and it costs more than this for cleaning service for township hall. The attorney stated that he will get the definition of a private road and check into other avenues the township can take to keep providing this service to its residents. No action was taken. This item was tabled until the regular meeting of December 12. Deputy Supervisor, Stephanie Barrett, stated that the county road commission may not be accepting anymore new roads in the near future. Monica Wiggers, a resident of Dalton Township, was in the audience and stated that she works for the road commission and she has not heard, as of this date, that the county road commission may not be accepting any new roads.

TREASURER'S REPORT:
As of October 31, 2005, the General Fund has $60,343.99, Fire Operating Fund has $39,732.80, and Fire Equipment Fund has $12,772.25. There is $295,676.76 in the Co-Merica J-Fund. The Treasurer's Report was accepted and placed on file for audit.

MONTHLY BILLS:
Motion by Petsy, support by Diane, PASSED to approve the monthly bills, with the exception of Check Number 17592 to the Muskegon County Road Commission as it was another payment for work done for a private contractor and the township may not have received reimbursement for this invoice. General Fund Payments equaling $36,816.43, Fire Operating Fund $7,420.83, and Cemetery Fund $198.87; and bills were paid from the Building Fund and other miscellaneous funds. Roll call vote. Yes: Petsy, Diane, Rosemary, Lynn and Mary Ellen. No: None.

FIRE BUSINESS:
Monthly Report: Fire Fighter, Andy Kops, was present and stated the Incident Log for October 2005 included 52 alarms and an average response time of 6.6 minutes.

Canteen Vehicle: Mary Ellen stated that, again this month, only one bid was received for the canteen vehicle. She stated the bid is for $756.00 from Robert Whelpley.

Motion by Diane, support by Rosemary, PASSED to accept the bid from Mr. Whelpley in the amount of $756.00 for the fire department canteen motor home. Roll call vote. Yes: Diane, Rosemary, Lynn and Mary Ellen. No: Petsy.

Diane questioned if Dalton Township Fire Department is still providing fire service to Cedar Creek Township. No one was aware that this contract had been changed or cancelled, so this question will be forwarded to the fire chief.

Mary Ellen stated, as she is the Secretary for the Fire Commission, she is reporting that the millage proposal on the November ballot passed for the fire department operating millage; however, the voters failed to renew the fire equipment millage. She stated this proposal may be placed on another ballot next year for reconsideration from the voters. It was stated that this millage is for hoses, ladders, suits, and other needed materials for the fire personnel as well as vehicles. The millage that failed was for .5 mills. The attorney stated that the township can levy a special assessment township wide for this purpose, and can assess a higher millage rate. He stated an annual hearing would have to be set to determine the amount from year to year.

MAINTENANCE:
Maintenance Supervisor, Keith Ostoin, gave an update regarding the operations in the maintenance department and at the transfer station. It was on the agenda to review the Transfer Station Contract. Keith and board members did not know what this item was and did not receive any information in the packet. No action was taken until Scott returns and can explain. Keith stated that his department is back down to two personnel for the winter months.

BUILDING DEPARTMENT:
Mechanical Inspection Permit Fee: It was stated that the current mechanical permit fees include two separate charges and two separate permits that need to be obtained for new home construction. The second permit and fee for a gas pressure test. It was suggested that that only one permit be issued to include the fee and the inspection for the gas pressure testing to be included on the original permit; as people are complaining that they have to come and get two permits and pay two separate fees. The price will be the same it will just include all inspections and fees in one permit.

Motion by Mary Ellen, support by Rosemary, PASSED to change the mechanical permit for new home construction to include the charges and inspection to $156.00 to include the fee and inspection for the gas pressure testing on the original permit. Roll call vote. Yes: Mary Ellen, Rosemary, Diane, Petsy and Lynn. No: none.

ROADS COMMITTEE:
Discussion took place regarding dissolving the road committee. Lynn Young, trustee and chair of the road committee, stated that she does not believe that this committee should be resolved for many reasons and stated the same. Two reasons are that Mr. Hulka, Director of the Muskegon County Road Commission, has attended these committee meetings have helped communications and given the township helpful ideas and insight. Lynn also stated that she plans on looking into the possibility of grant funding for road construction, repair, etc.

Private Road Maintenance:
This item was discussed earlier in the public comments section. Mary Ellen stated that this agenda item has been slipped onto the agenda at the last minute twice now. She stated that this service has been provided on some private roads for 40 years, or more; and now the township is trying to take away these services. She explained that some private roads, are truly private with dead ends and the only people that access the roads are the residents living there. However, some so called private roads, are thruways for general traffic, buses, postal service, and is therefore not a private road. These roads are being used as public roadways, yet some in the township think they should be maintained only by the residents. Mary Ellen stated that this is wrong and that Cat Road was a private dead end street; however, now the township allowed a contractor to connect this street to another street and it used for general traffic, busses, postal service, etc., and is no longer a private road only for the residents living there.

The attorney stated that it is not legal for the township to maintain private roads; however, there may be ways to work around this issue. He stated that he will inquire regarding this issue and check into what defines a private road and other avenues the township may take. He stated this should be tabled until the next regular board meeting.

Motion by Diane, support by Rosemary, PASSED to postpone this item until the December 12, 2005 regular board meeting. Yes: all.

PLANNING COMMISSION RECOMMENDATIONS:

A. Review of McCormick Sand Special Use Permits. Discussion took place regarding the operations at McCormick Sand on Russell Road. Board members concurred that the site is being kept up and consistent with the stipulations listed on the special use permit for Stump Grinding and Leaf Composting. The attorney stated that he would review this and report back to Petsy.

Motion by Diane, support by Rosemary, PASSED to renew the Special Use Permit for McCormick Sand for stump grinding and leaf composting, to be reviewed and renewed if approved, every two years. Roll call vote. Yes: Diane, Rosemary, Lynn, Petsy and Mary Ellen. No: none.

Petsy questioned the McCormick's present if they still have the concrete at this location. They stated that they do still have concrete at this location. Petsy stated that this activity was not an approved activity. Mary Ellen questioned Stephanie if they need a special use permit for this activity. She stated yes they do. The McCormick's were advised to apply for a special use permit if they wish to continue to have concrete at this location.

B. Dan Rohn request for a zone change from R-1 (Residential) to C-3 (Commercial) and a special use permit for an Excavating Business at 690 E. Church.

The Planning Commission voted to deny the requests as stated above and they recommended the township board deny the same as they agreed that this was a hobby of Mr. Rohn, not a business and therefore, this zone change and SUP was not a requirement, this passed. They also voted on a motion to allow Mr. Rohn to park his equipment as much in the pole barn as possible at this location, this motion passed also.

The attorney stated that this request for a zone change is inconsistent with the land use plan; and he stated that Mr. Rohn cannot keep his equipment at this location as it is not a permitted use in an R-1 District. Mr. Rohn spoke and stated that he will not be conducting business from this location, only keeping his equipment there. He stated that he sold his house in the township and recently moved here, just a short distance from where he lived before and it was permitted there. Petsy stated there are many other people in the township doing this same thing. Mary Ellen requested a map showing the parcel of property in question. Mr. Rohn stated that his parcel is 4.93 acres and would not be bothersome to the one neighbor closest to his property. Mary Ellen questioned the attorney if the township can somehow approve for Mr. Rohn to keep his equipment at this location. The attorney stated we cannot let him have his equipment at this location as it is zoned R-1; and he stated that rezoning the property is not consistent with the land use plan. Further discussion followed.

Motion by Rosemary, support by Petsy, PASSED to reject the recommendation of the planning commission which would allow Mr. Rohn to park his equipment at this location. Roll call vote. Yes: Rosemary, Petsy and Lynn. No: Mary Ellen and Diane.

Mary Ellen stated that Mr. Rohn's request for a special use permit is not applicable any longer as the zone change request did not pass.

C. Hallmark Homes request for a 73 unit site condo at 5795 Russell Road.

Mr. Steve Vallier was present on behalf of Hallmark Homes. He explained the site plan presented and stated that this is preliminary final approval of this project. He explained that 73 site condos are proposed to be built on the 71 acre area and one-third of the area will be left as open space. Mr. Vallier explained that if there are any changes to the plans or denial of any of the required permits by the MDEQ, the road commission, the health department, the drain commissioner, etc., they would have to come back to the respective boards and commissions for reconsideration.

Motion by Diane, support by Lynn, PASSED to approve the preliminary final plans for Hallmark Homes as presented for a 73 unit site condo at 5795 Russell Road, contingent upon approval of permits required from all of the state and local agencies. Roll call vote. Yes: Diane. Lynn, Rosemary, Petsy and Mary Ellen. No: none.

D. Mark and Carol Moyer request for a Zone Change from R-1 (Residential) to A-R (Agriculture-Recreational) and a Special Use Permit for sand mining at 5875 Cady Road.

Mr. and Mrs. Moyer were present and explained that they obtained a pond permit and were drudging the pond to have fill for the house and now have a lot of sand that they can not get rid of unless this zone change is granted and they can they remove the sand. The attorney stated that the zone change and the sand mining permits can be approved with a time limit. Further discussion followed. Mary Ellen questioned the attorney why the board was not informed that a zone change can be approved temporarily when Mr. Rohn's request was being discussed so he could have stored his equipment at this location until another location could be found. The attorney stated that a zone change from R-1 to A-R is not that much of a stretch, stating the two are not comparable.

Motion by Diane, support by Lynn, PASSED to approve the zone change as requested by Mark and Carol Moyer from R-1 (Residential) to A-R (Agriculture-Recreational) for the property located at 5875 Cady Road, to be changed back to R-1 (Residential) in one year. Roll call vote. Yes: Diane, Lynn, Petsy, Rosemary and Mary Ellen.

Motion by Diane, support by Lynn, PASSED to approve the special use permit for sand mining at the same location for sand removal with the re-zone and the special use permit to expire in one year, October of 2006; with the stipulation that no trucks larger than 10 yards be used to remove the sand and the trucks must use Michillinda Road, not Cady Road. Roll call vote. Yes: Diane, Lynn, Petsy, Rosemary and Mary Ellen.

E. Resignation of Marcia Payne and Ed Hall does not wish to be reappointed to the planning commission when his term expires in December of this year.

Stephanie explained that Marcia Payne, Chair of the Planning Commission, resigned as she and her husband will be traveling for the winter months and more in the future. The resignation is effective December 1, 2005. Stephanie also explained that Ed Hall is a planning commission member and his term will expire January 1, 2006 stating that he does not wish to be re-appointed as a planning commission member. Therefore, there will be two vacant seats on the planning commission, one vacant in December 2005 and one vacant January 2006. Stephanie stated that Mary Ellen advertised for the two openings with the deadline to accept applications and letters of interest to be on Friday, November 18, 2005. Annette Vida expressed interest in one of these seats as she has been involved with the proposed new zoning ordinance, she has attended, regular board meetings, and had previously expressed interest and applied for the vacant trustee position.

NORTHSIDE WATER ORDINANCE APPENDIX "A" AND "C".
Motion by Diane, support by Rosemary, PASSED to approve the appendices as provided, with Appendix A setting the user change units effective October 1, 2005 and Appendix C setting the Rules and Regulations effective October 1, 2005. Roll call vote. Yes: Diane, Rosemary, Lynn, Petsy and Mary Ellen.

REQUEST OF ROMAN MARCINIAK AND STEVE WOLCOTT FOR PERMISSION TO HOST A THREE DAY MUSIC FESTIVAL AT THUNDERBIRD RACEWAY THE WEEKEND OF JULY 4, 2006.
This item was tabled until the regular board meeting of December 12, 2005, as no one was present to explain and answer questions of the board.

CADY ROAD RESOLUTION NUMBER TWO, CULVERT REPLACEMENT:
Mary Ellen stated that she prepared this resolution as requested; however, she does not approve passing the resolution as it states the board is hereby approving the plans, showing the improvements, the location thereof, and the estimated costs of the same. It further states this information is on file with the township clerk for public examination. She stated that this information has not been provided to her from Scott. Therefore, she is requesting this resolution be tabled and requested the attorney question the validity of the petitions submitted.

ADMINISTRATION FEE FOR TAXES:
A resolution was proposed to charge a one percent administration fee on the tax bills to be uniform with most other cities and townships in the county. Rosemary stated how much money this administration fee would generate. She stated the county would like all cities and townships to have a uniform administration fee. Mary Ellen stated that she can't see increasing this fee at this time. Diane and other board members did not favor this fee increase either.

Motion by Mary Ellen, support by Petsy, PASSED to approve the administration fee as it was previously, with no increase for 2006. Roll call vote. Yes: Mary Ellen, Petsy, Lynn and Rosemary. No: Diane.

BOARD COMMENT:
A date was discussed for a special meeting of the board. A special finance meeting is hereby set for Monday, December 5, 2005 at 4:30 at the Dalton Township Hall regarding financing of proposed sewer projects. Another special meeting/public hearing was discussed in reference to the proposed new zoning ordinance. No date was set at this time.

Stephanie requested the names and telephone number of the people who volunteered for the committee to review the proposed new zoning ordinance and master plan. Stephanie stated that a scanner, printer and copier were donated to the zoning department so that copies requested can be supplied to the public. She requested the board accept the donation.

Motion by Mary Ellen, support by Petsy, PASSED to accept the donation for the zoning department as explained. Yes: all.

Land use, the proposed zoning ordinance, and requirement of lot sizes were discussed. The attorney stated the he submitted a draft subdivision and condominium ordinance to the board and suggested that it be put on the next agenda for consideration. He stated that this will help define lot size requirements.

Motion by Diane, support by Rosemary, PASSED to approve the requirement for lot sizes to be a minimum of one (1) acre in the R-1 Districts. Yes: all.

PUBLIC COMMENT:
Steve Ellis was present and stated that he was at the last board meeting with a complaint, and the next day the ordinance enforcement officer was at his door. He questioned if this was harassment from the township. He submitted two Freedom of Information Act requests to the clerk in reference to attorney fees in reference to the legal expenses of the township and legal fees pertaining to the ordinance enforcement department in reference to his case.

ADJOURNMENT:
Motion by Rosemary support by Diane, PASSED to adjourn at 8:59 p.m.