DALTON TOWNSHIP REGULAR BOARD MEETING-MARCH 13, 2006
7:00 P.M.

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

BOARD MEMBERS ABSENT: None.

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 February 13 and special meeting minutes of March 6, 2006 were accepted as presented and placed on file.

PUBLIC COMMENT:
Richard Vallier commented on the proposed raise for elected officials. He also questioned why Rosemary's husband is on the township's health insurance plan as he is eligible for Medicare benefits. He made comments regarding the other positions held by the fire chief and questioned conflicts of interest. He also made comments regarding the budget and using monies from the J-Fund to make ends meet, stating this money never had to be used in the past. Connie Burchfield reminded the board of its responsibility to be fiscally aware and wise with the taxpayer's money. She suggested a few duties that could be handled by the township's maintenance department as a cost saving measure. She also commented on the 32 hour work week for employees at township hall and stated that the township should have some type of disability program so that the township is not paying two salaries for one position. She states the supervisor is receiving his full salary in his leave of absence, and the taxpayers are also paying the deputy supervisor salary too. Mr. McCormick stated that if the township board approves the proposed zoning ordinance as written, then he disagrees with the five acre requirement for AG property as this will devalue the property in this zoned area. He requested this document be put to a vote of the people. The attorney stated that this is not possible as an advisory vote is not authorized by state law. Sue Wisinzski and Craig Johnson both commented on the conditions of roads in the township, stating their roads are in terrible condition.

TREASURER'S REPORT:
As of February 28, 2006, the General Fund has $72,521.26, Fire Operating Fund has $120,422.44, and Fire Equipment Fund has $63,942.75. There is $268,419.39 in the Co-Merica J-Fund. The Treasurer's Report was accepted and placed on file for audit.

MONTHLY BILLS:
Motion by Mike, support by Rosemary, PASSED to approve the monthly bills as submitted. General Fund payments equaling $114,520.92, Fire Operating Fund $5,851.17, and Cemetery Fund $30.37; and bills were paid from the Building Fund, Street Light Fund and other self supporting miscellaneous funds. Roll call vote. Yes: Mike, Rosemary, Diane, Lynn, Petsy, Mary Ellen and Scott. No: None.

FIRE BUSINESS:
Monthly Report: Fire Chief, Gary Furman, submitted the Incident Log for February 1, 2006 to February 28, 2006. Total number of incidents, including exposure fires was 41 with an average response time of 8.15 minutes.

Chief also responded to the concerns Mr. Vallier brought up during the public comment section of this meeting.

MAINTENANCE REPORT:
Maintenance Supervisor, Keith Ostoin, stated the sign for public information is ready to be placed in front of the township hall. Lynn stated that she and Diane will be keeping the sign updated with current information. He also updated the board regarding the happenings at the transfer station.

Keith also requested the board approve up to $1,600.00, or less, for a hoist and trolley for the maintenance department stating that they have had to borrow this equipment in the past. Mary Ellen questioned if this was budgeted and in this or the next fiscal year. Keith stated that it is budgeted in the current fiscal year.

Motion by Mary Ellen, support by Diane, PASSED to approve for Keith to spend $1,600.00, or less, of budgeted money to purchase a hoist and trolley needed for the maintenance department. Roll call vote. Yes: Mary Ellen, Diane, Mike, Rosemary, Lynn, Petsy and Scott. No: None.

COMPLIANCE OFFICER:
The Compliance Officer, Frank Swiatek, updated the board regarding complaints filed since the beginning of the year. He stated that some cases are on hold due to the winter season and will be followed up on in the spring. He stated that he would like all complaints to come through the township hall so that a record of the complaint is logged, instead of giving out his cell phone number, therefore, no written complaint logged. Discussion took place regarding a complaint filed against Diane's husband and the business at their residence.

PLANNING COMMISSION RECOMMENDATIONS:
A. Ordinance amendment for one acre lot requirement.
This item generated lengthy discussion. Mary Ellen stated that the rural character of the township is important to most residents; however, she stated that requiring any new construction to have a minimum of one acre plus a minimum of 1,000 square feet of living area, as proposed in the new zoning ordinance, is discriminating against those who cannot afford this large of a lot or floor plan. Diane stated that the expanded acreage is due to the high water table. Petsy stated her concerns regarding the minimum of one acre and five acre lots. Mike stated that the health department is the department who approves the well and a septic system, as this was a concern if lots are to close too one another. Petsy stated this is why the proposed document has low density residential, medium density residential, and agricultural, so the lot sizes can vary, or be less, in some districts. Citizens wanted to comment regarding this issue, Scott stated the floor is closed.

Motion by Mary Ellen, support by Diane, PASSED to open the floor for public comments. Yes: all.

Sue Wisinski, Chuck Buzzell, Jim McCormick, and others commented regarding this issue. Most concerns stated were repeated, and are listed in the minutes of, the special meeting of March 6, 2006.

Motion by Mike, support by Lynn, PASSED to table this item until such time that officials from the health department can be present to answer questions in reference to well and septic and lot sizes required for the same. Roll call vote. Yes: Mike, Lynn, Rosemary, Diane, Petsy, Mary Ellen and Scott. No: None.

B. Ordinance for Subdivisions/Site Condos.
The attorney prepared this document and explained the same. It was stated that the planning commission approved the same and recommend approval of this document to the township board.

Motion by Mike, support by Lynn, PASSED to accept the planning commission's recommendation and approve the Subdivision/Site Condo Ordinance. Roll call vote. Yes: Mike, Lynn, Rosemary, Diane, Petsy, Mary Ellen and Scott. No: None.

Mary Ellen questioned if this was approving the ordinance or approving the first reading of the ordinance. She stated, although it is not required, the township has always held two readings of an ordinance before final approval. The board stated that one reading is sufficient.

C. Draft Zoning Ordinance Meeting.
Motion by Diane, support by Lynn, PASSED to send this document back to the planning commission with suggested revisions. Most revisions being suggested were discussed at the special meeting regarding the same on March 6, 2006, and revisions submitted by Trustee Elizabeth Jenkins and concerns stated and recorded in these minutes. Roll call vote. Yes: all.

SEWER RESIDENTIAL EQUIVALENT UNIT (R.E.U.) FEE SCHEDULE:
The Zoning Administrator, Stephanie Barrett, stated the sewer REU schedule is the same as the water rate schedule as submitted. She stated the same REU is used by Laketon, Muskegon, and Fruitland Townships. The attorney stated this schedule is very standard.

Motion by Lynn, support by Mike, PASSED to approve the REU Schedule as submitted, with the word water changed to sewer. Yes: all.

ELECTED OFFICIAL PAY FOR 2006-07 FISCAL YEAR:
Bases on cost of living, the supervisor proposed a four (4) percent salary increase for all elected officials. Lengthy discussion took place regarding this item and many comments were received.

Motion by Petsy, support by Diane, FAILED to approve a salary increase of three (3) percent for all elected officials. Roll call vote. Yes: Petsy, Diane and Lynn. No: Mike, Rosemary, Mary Ellen and Scott.

Motion by Mary Ellen, support by Mike, PASSED to approve a salary increase of three and one-half (3.5) percent for all elected officials. Roll call vote. Yes: Mary Ellen, Mike, Rosemary, Lynn and Scott. No: Petsy and Diane.

SET BUDGET HEARING DATE:
Motion by Diane, support by Mike, PASSED to set the budget hearing for fiscal year 06-07 for Monday, March 27, 2006 at 5:00 p.m. at the township hall. Yes: all.
The above motion was revised to make the time 5:30 instead of 5:00 as citizens present expressed concern that people that work until 5:00 will not be able to attend the meeting.

BOARD COMMENT:
Diane updated the board of current legislation that she learned about at a recent conference. Mary Ellen questioned how proposed sewer projects will be bonded and if the Whitehall Road corridor is on the agenda for approval at Wednesday's special board meeting without even informing the residents. Scott stated that it is on the agenda for approval and a meeting will be held after the approval to hear concerns. The meeting to inform residents is tentatively going to be held at Hodges Hall on Whitehall Road. No time or date was given for this meeting. Scott stated that bonding for the Whitehall Road Sewer Project will be funded, or bonded, by the county. He stated that the River Road Sewer Project will be funded, or bonded, by Muskegon Charter Township. Mary Ellen stated that the board discussed sending opinion and/or informational post cards to residents before approval of the sewer construction projects. Special assessment fees were discussed and Scott stated that $7,500 will be assessed where the sewer is located. In addition to the $7,500, these residents will have to pay $1,000.00 for connection fees, plus pay to have the sewer hooked up from the road to their home. Most board members agreed that the infrastructure is inevitable in the township. Some board members expressed concerns about the residents' ability to pay for the sewer special assessment and connection fees, and the fact that these folks have not been informed of this issue. Board members requested information from the attorney regarding financial assistance for persons with low income, or who are elderly, disabled, etc.

Scott stated that the township's contribution to the Muskegon Area Wide Plan has not been paid for this year. He requested approval from the board to pay the township's share of $500.00 and explained the services of the same.

Motion by Diane, support by Mike, PASSED to approve payment to the Muskegon Area Wide Plan for the township's share in the amount of $500.00. Roll call vote. Yes: Diane, Mike, Rosemary, Lynn and Scott. No: Petsy and Mary Ellen.

Scott suggested that copies of the minutes, bills paid, etc., not be provided to the public as a cost saving measure and this information will be provided only if a freedom of information act request is made. Mary Ellen stated as the FOIA coordinator, this will be a huge waste of time for her office to have to respond to every one of these requests. She stated her disagreement with this, stating the taxpayers are paying these bills and should be provided with the information; also stating they should also be offered copies of meeting minutes to be kept informed of happenings at meetings. She suggested not copying so many and if more copies are needed to then make additional copies. No action was taken and the information will continue to be provided.

In reference to complaints received regarding road conditions in the township, a possible truck ordinance was discussed. It was stated the fines associated with violation of the ordinance could be used to help fund road maintenance, construction, etc. Scott stated that a truck ordinance may scare business out of the area. The attorney provided some information regarding the same and will bring the board additional information regarding a truck ordinance.

PUBLIC COMMENT:
Richard Vallier spoke regarding his disapproval of the idea not to copy minutes and bills for residents' information. He spoke of his disapproval of the raises for elected officials. He again had comments and questions directed at the fire chief and the chief responded. Eric and Kelly Bouchard, a fire fighter and secretary for the township, were present and stated that they rent the township's rental property on Duff Road and requested the board approve for them to get a puppy. Eric stated the lease does not specifically address the issue, it states pets are a possibility with approval of the board. They explained their request further. Mary Ellen stated that this family is very responsible and Kelly keeps their home immaculate. She stated that they have done several repairs to the rental home themselves. Other board members supported this request also.

Motion by Mary Ellen, support by Diane, PASSED to allow the Bouchard family to have a puppy as requested at the township's rental house on Duff Road. Yes: all.

Connie Burchfield commented regarding the pet allowed at the rental home. She spoke in reference to the lot size proposed in the new zoning ordinance, she spoke of inspections that she has obtained in the past from the Muskegon County Health Department and stated her agreement that a meeting with the board and health department officials is a good idea. A citizen present questioned if there are any happenings regarding the Nugent Sand Operations being expanded. Scott stated that there is nothing new to report. Steve Ellis was present again, regarding the legal case between himself and the township. He requested a written document from the township's legal counsel regarding the status and if any resolution has happened with this case. Scott stated that legal counsel would prepare a letter. Revenue for roads was discussed. Petsy stated that she and other board members have mentioned that revenues generated from the cell towers should be used for roads. A citizen expressed her concern regarding the time of the upcoming budget hearing.

Motion by Diane, support by Mike, PASSED to revise their earlier motion and adjust the time of the public hearing for the budget to be at 5:30 p.m. instead of 5:00 as previously stated. Yes: all.

Annette Vida expressed her disapproval of the raises for township officials.

ADJOURNMENT:
Motion by Mike, support by Diane, PASSED to adjourn at 8:51 p.m.