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 township board meeting minutes of March 12, 2007 and the special meeting minutes of March 19, 2007, were accepted as submitted and placed on file.

 

PUBLIC COMMENTS:

Mark Moyer and Merlin Herlein both had questions regarding agenda item number 9, A, 12 unit site condo along Meadowmohr Lane. Mr. Herlein stated his opposition to the site condo and was also present at the latest planning commission meeting to state his opposition to the same. Mr. Herlein also had questions about street lights on West Lake Road. He requested that Scott check into how many street lights were approved to be placed on West Lake Road. He stated that he already requested this from Scott but has not received an answer.

 

TREASURER'S REPORT:

As of March 31, 2007, the General Fund has $95,635.15, Fire Operating Fund has $158,738.17, and Fire Equipment Fund has $27,997.86. There is $156,466.17 in the Co-Merica J-Fund. The Treasurer's Report was accepted and placed on file for audit.

 

MONTHLY BILLS:

Motion by Diane, support by Rosemary, PASSED to approve the monthly bills as submitted. Yes: Diane, Rosemary, Lynn, Mike, Mary Ellen and Scott. No: Petsy.

 

General Fund bills totaling $78,230.65, Fire Fund $47,444.71, Cemetery Fund $16.00. Bills were also paid from the building fund, street light fund, and other self-supporting miscellaneous funds.

 

FIRE BUSINESS:

Fire Chief, Gary Furman, submitted the Incident Log for March 2007. There were 63 calls with an average response time of 6.11 minutes.

 

CEMETERY:

Gary Furman, Sexton, stated that the roads need to be completed in the new portion of the Twin Lake Cemetery as lots are now being sold. He requested the board allow him and the supervisor to advertise for bids for this work. Gary stated that they will advertise for crushed concrete or aggregate type of material for the roads.

 

Motion by Diane, support by Mike, PASSED to approve for the sexton and the township supervisor to advertise for bids for the road work to be done at the Twin Lake Cemetery.

Yes: all.

 

ORDINANCE ENFORCEMENT:

The Ordinance Enforcement Officer, Frank Swiatek, gave the board an update on the cases that have been filed, open, closed, and in court. Frank requested that the board clarify how many junk cars are allowed in the township as he has been receiving many complaints about junk cars and is hearing different amounts of unlicensed/junk cars that are allowed. The ordinance states zero (0) junk cars are allowed. Our attorney stated that the board needs to follow the ordinance

or propose an ordinance amendment. Diane and Stephanie, zoning administrator, stated that two junk vehicles have been allowed in the past. Other board members did not remember any being allowed. The township attorney stated that according to this police ordinance zero have been allowed since 1967 in Dalton Township.

 

Motion by Rosemary, support by Mary Ellen, PASSED to leave the Ordinance as it is currently with zero junk vehicles allowed within Dalton Township. Yes: Rosemary, Mary Ellen, Petsy and Lynn. No: Mike, Diane and Scott.

 

BUILDING INSPECTION DEPARTMENT:

Building Inspector, Chris Hall, had requested that the contracted inspectors all receive education allowances. Right now, only two of the four receive education allowances, the building inspector and the plumbing inspector. Chris stated that he would like it the same for all inspectors and contracts with them re-written to reflect the amount and explain what the building fund money will cover. Petsy again stated that she was told that funding education for contracted employees is not a legal expense. The attorney, Scott, and Diane all stated that it is illegal to pay for this out of general fund dollars, but it is not illegal to pay for this out of building department funds as the money in this fund has to be used for building department purposes. Further discussion followed.

 

Motion by Diane, support by Mike, PASSED to have Scott and Mary Ellen re-write the contract for the plumbing inspector to include the educational language and amounts allowed. Yes: Diane, Mike, Rosemary, Lynn, Petsy, Mary Ellen and Scott. No: None.

 

PLANNING COMMISSION:

A. A 12 Unit Site Condo along Meadowmohr Lane, David Spyke. It was clarified that the 12 Unit Site Condo is not a typical Condo as one would believe. It is 12 separate single family homes in this new subdivision. Mike Hiner stated that it was misunderstood as a cluster type development. Steve Vallier, of Westshore Consulting, was present on behalf of the developer and explained the project in detail. He discussed the status of the permits, the street lighting, the street signs, and other pertinent information regarding the same.

 

Motion by Mike, support by Lynn, PASSED to accept the Planning Commission's recommendation and approve the 12 unit site condo along Meadowmohr Lane for Developer, David Spyke. Yes: Mike, Lynn, Diane, Rosemary, Petsy, Mary Ellen and Scott. No: None.

 

B. Resurrection Life Church. Request for a Zone Change from D-1(Industrial) to C-2 (Regional and Commercial) and a request for a Special Use Permit for a Church to be located at 2566 Whitehall Road. Mark Hacker of Innovative Design was present on behalf of the Church. Mr. Hacker explained the fence that will be placed around the pond as required by the drain commissioner, he explained the landscaping, and many other details were explained in the planning commission minutes.

 

 

Motion by Mary Ellen, support by Diane, PASSED to approve the Zone Change from D-1 to

C-2 as recommended by the Planning Commission for Resurrection Life Church. Yes: Mary Ellen, Diane, Mike, Lynn, Rosemary, Petsy and Scott. No: None.

 

Motion by Diane, support by Mike, PASSED to approve the Special Use Permit as recommended by the Planning Commission for Resurrection Life Church. Yes: Diane, Mike, Lynn, Rosemary, Petsy, Mary Ellen and Scott. No: None.

 

C. Daren Anderson request for a Zone Change from P.U.D. (Planned Unit Development) to C-2 (Regional and Commercial) and a request for a Special Use Permit for Retail/Office Space in Suite B of the building he owns located at 2357 Holton Road. Mr. Anderson was present and explained details of his request to the board. He stated that the building is up to code and was approved by the building inspector, Chris Hall. Further discussion followed.

 

Motion by Diane, support by Lynn, PASSED to approve the Zone Change from P.U.D. to C-2 as recommended by the Planning Commission for Daren Anderson for his building located at 2357 Holton Road. Yes: Diane, Lynn, Mike, Rosemary, Petsy, Mary Ellen and Scott. No: None.

 

Motion by Mike, support by Rosemary, PASSED to approve the Special Use Permit as recommended by the Planning Commission for Daren Anderson for Retail/Office Use.

Yes: Mike, Rosemary, Diane, Lynn, Petsy, Mary Ellen and Scott. No: None.

 

NEW COMPUTERS (2) FOR THE TREASURERS OFFICE:

Motion by Mike, support by Rosemary, PASSED to approve the purchase of two new computers for the treasurer and deputy treasurer as budgeted up to $3,000.00. Yes: Mike, Rosemary, Diane, Lynn, Petsy, Mary Ellen and Scott. No: None.

 

TWIN LAKE FIREWORKS ANNUAL CONTRIBUTION/COST SHARE:

Motion by Mike, support by Diane, PASSED to approve the annual contribution/cost share to the Twin Lake Fireworks Fundraisers for $500.00. Yes: Mike, Diane, Rosemary, Lynn, Petsy, Mary Ellen and Scott. No: None.

 

RENAME BEEGLE FIELD:

Scott stated that he would like to table this issue as he is waiting on suggestions for the name change from the students and the students were on spring break last week. No action was taken.

 

BIDS FOR BEEGLE FIELD PARKING LOT:

Mary Ellen asked Scott to explain where the money will come from for the parking lot paving, advertisement costs, etc, so that everyone knows the general fund tax dollars is not paying for this work. Scott stated that there is $63,000 in an account for Beegle Field. The majority of the money was donated by Builder Kevin Wright, from proceeds from the building of the "good will house" and some of the money was from grants.

 

Motion by Mike, support by Lynn, PASSED to approve the advertisement for bids for the paving of the parking lot at Beegle Field on Tyler Road. Yes: Mike, Lynn, Diane, Rosemary, Petsy, Mary Ellen and Scott. No: None.

 

WASTEWATER ALTERNATE MEMBER:

Mary Ellen provided board members with information stating that the board had previously approved for her to be the alternate voting member on the Muskegon Municipal Wastewater Management Committee, and stated that she was attending the wastewater meetings in Scott's absence. Scott explained that now Stephanie Barrett, the zoning administrator, also has the job and title of public works clerk she would be a more appropriate person to be the alternate voting member of the Wastewater Management Committee; Scott will remain the voting member as the board previously approved.

 

Motion by Diane, support by Mike, PASSED to approve Stephanie Barrett as the alternate voting member of the Muskegon Municipal Wastewater Management Committee. Yes: Diane, Mike, Lynn, Rosemary, Petsy, Mary Ellen and Scott. No: None.

 

RESOLUTION BETWEEN DALTON TWP. & COUNTY FOR CSX PROPERTY:

The Resolution is for Dalton Township to assign its interest in the Berry Junction Trail Project to the County of Muskegon. The county will then act as owner for the purpose of applying for funding, construction oversight and future maintenance of the Berry Junction Trail within the former CSX Railroad right-of-way. Mary Ellen questioned why the Resolution states that the county will be responsible for the maintenance of our portion of the Berry Junction Trail when we were told that we, the township, would be responsible for the maintenance costs. Scott and the township attorney stated that the township will be responsible for maintenance on our portion of the trail; however, it is worded this way for legal purposes. Scott stated that the township will be reimbursed for our maintenance costs. Mary Ellen questioned how the township can be reimbursed when this resolution states that the county is responsible for these costs, they would have to reimburse the county. Mary Ellen questioned if the maintenance costs would be paid out of general fund money. Scott stated that it would be paid from the general fund. Mary Ellen also stated that with the financial situation the state is in, are we sure that the State of Michigan will reimburse for the maintenance costs. Scott stated that money is already set aside for this purpose.

 

Motion by Diane, support by Rosemary, PASSED to approve the Resolution between the County of Muskegon and the Township of Dalton with regard to the CSX/Berry Junction Trail Project. Yes: Diane, Rosemary, Mike, Lynn, Petsy and Scott. No: Mary Ellen.

 

Motion by Mike, support by Diane, PASSED to approve the Assignment Agreement with regard to the CSX/Berry Junction Trail Project. Yes: Mike, Diane, Rosemary, Lynn, Petsy and Scott. No: Mary Ellen.

 

AUDIT FOR 2006-07 FISCAL YEAR:

Mary Ellen stated that she spoke with Richard Parker, CPA, and he agreed to perform the audit for the last fiscal year ending March 31, 2007 with a two (2) percent increase over last years rate.

 

Motion by Rosemary, support by Lynn, PASSED to approve the services of Richard Parker, CPA, to conduct the 06-07 annual audit. Yes: Rosemary, Lynn, Diane, Mike, Petsy, Mary Ellen and Scott. No: None.

BOARD COMMENTS:

Easement Consumers Energy: An easement request was received from Consumers Energy for an easement located on property owned by the township at Padley Park on West Lake Road. The easement requires signatures from the clerk and supervisor.

 

Motion by Mary Ellen, support by Lynn, PASSED to approve the Easement for Consumers Energy and for Scott and Mary Ellen to sign the easement regarding the same. Yes: Mary Ellen. Lynn, Diane, Rosemary, Mike, Petsy and Scott. No: None.

 

Fees for use of township parks: Scott stated that he proposed that a $75.00 fee should be charged for the use of Duff Field. Mary Ellen questioned if there is a charge for use of Beegle Field. Scott stated no but donations are accepted. Mary Ellen stated then it should be the same at Duff Field or any other township park and again questioned why we would charge so much at Duff Field and charge nothing at Beegle Field. Mike stated that he will check with other municipalities to inquire about how much they charge for use of the fields. Rosemary stated that the charges should at least cover maintenance costs. No action was taken.

 

Culvert repair and replacement costs: It was discussed that the Muskegon County Road Commission has been charging the township for the costs mentioned and in state law it states that "Any cross culvert under the jurisdiction of the Muskegon County Road Commission that needs to be replaced due to damage or failure will be replaced at the Road Commissions expense up to an amount of $5,000 with any additional costs to be borne equally by the Road Commission and the Township. It was stated that the township has been billed for the entire amount and the road commission needs to be approached regarding this matter. It was stated that the county is proposing to make the road commission a five member commission instead of three. Board members stated their support in making this a five member commission. Scott stated that a meeting regarding the five member commission is coming in the near future. Mary Ellen requested that Scott inform the board when this meeting is to take place.

 

Public safety millage: Mary Ellen stated that in the March 21, 2007 Muskegon Chronicle there were two articles about the township. She stated that one article quoted Scott as saying "Hladki said the township board probably will ask residents to approve some sort of public safety millage to pay for a township police officer. That millage proposal will be on the ballot by next year at the latest, he said." Mary Ellen stated that this board has never even discussed this issue let alone approved such a millage to be put on the ballot within the next year at the latest. She stated that this was Scott's statement and not something that was even discussed by the board and she would like it corrected as everyone that read that article believes this board approved putting that millage on the ballot within the year. Scott stated there is the reporter in the audience. The reporter raised his hand to speak and Scott told him the floor was closed for comments. Scott stated that this board has discussed this issue. Some board members stated that this issue was never discussed. Mary Ellen again stated this needs to be corrected.

 

CLOSED SESSION:

Motion by Diane, support by Mike, PASSED to enter into closed session to discuss pending litigation with the township attorney regarding litigation between Michigan Adventure and other sewer litigation suits. Yes: Diane, Mike, Rosemary, Lynn, Petsy, Mary Ellen and Scott. No: None.

 

Motion by Diane, support by Rosemary, PASSED to go back into open session of the regular April 9, 2007 board meeting. Yes: Diane, Rosemary, Mike, Lynn, Petsy, Mary Ellen and Scott. No: None.

 

TOWNSHIP ATTORNEY:

Mary Ellen stated that she had heard that our attorney is resigning but has not heard it from the attorney or received confirmation regarding the same. The attorney stated that he is resigning and explained his reasons for the same; stating that Oshtemo Township wants him on board full time which will be better for him both professionally and also better for his family too. He stated that his former law firm Bauckham, Sparks, Rolfe, Lohrstorfer & Thall, P.C.; and specifically attorney Craig Rolfe have been assisting him with the Michigan Adventure law suit. He stated that Mr. Rolfe has offered to continue with the Michigan Adventure law suit to its completion and he recommends Mr. Rolfe for all of the township's legal needs. A letter was received from Mr. Rolfe requesting to represent the township's legal needs. Mr. Porter stated that he will continue as the townships legal counsel until the board directs him otherwise. Mary Ellen stated that if the attorney is resigning then we need to accept his resignation; stating last month we paid almost $10,000.00 in legal fees and some charges are for both attorneys working for the township to speak to each other. She stated that unless we want to pay this much a month in legal fees we need to accept Mr. Porter's resignation and stay with Mr. Rolfe for the current litigation issues. Some other board members did not want to accept Mr. Porter's resignation until the law suits in the tax tribunal have been resolved. Mary Ellen stated that Petsy requested that she check with Cedar Creek Township to see if they still use Mr. James Brown, out of Grand Rapids, as their legal counsel as he was one of the attorneys highly considered when we hired Mr. Porter. Mary Ellen stated that she checked with Cedar Creek and they still use Mr. Brown for their legal counsel and they are still very happy with him and the firm that Mr. Brown is with Mika, Meyers, Beckett, and Jones. Mary Ellen and Petsy stated they strongly believe that we need to solicit bids for legal services.

 

Motion by Petsy, support by Diane, PASSED to solicit bids from James Brown of Mika, Meyers, Beckett, and Jones; and from Craig Rolfe, of Bauckham, Sparks, Rolfe, Lohrstorfer Thall; mentioning that we will stay with Craig Rolfe and James Porter for sewer litigation cases pending. Yes: Petsy, Diane, Mike, Rosemary, Lynn, Mary Ellen and Scott. No: None.

 

ADJOURNMENT:

Motion by Mike, support by Rosemary, PASSED to adjourn the meeting at 8:40 p.m. Yes: all.

 

DALTON TOWNSHIP BOARD

Scott Hladki Supervisor

Mary Ellen Sherwood Clerk

Rosemary Rinella Treasurer

Michael Hiner Trustee

Elizabeth Jenkins Trustee

Diane Misze Trustee

Lynn Young Trustee

 

Clerk__________________________

Mary Ellen Sherwood