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 July 9, 2007, were accepted as submitted and placed on file.

 

PUBLIC COMMENTS:

County Commissioner, Chuck Buzzell, spoke in favor of agenda item number 8, Cedar Creek Investments. Chuck stated he wishes the board will give the Serenity Shores house a chance. He stated this substance abuse house is a good and positive program and it is a jail diversion. Bob Boltema a 20 year substance abuse specialist stated that there is a lack of a half way house and the home here meets that gap. He stated the residents here get stable and get on their feet. He urges support of this agenda item. Jim Elwell, County Director of Mental Health also urges support of this agenda item, stating we need to support this facility. He stated that he checked with Undersheriff, Dean Roesler, and there has been no criminal activity with the residents.

 

TREASURER'S REPORT:

As of July 31, 2007, the General Fund has $115,561.94, Fire Operating Fund has $132,110.26, and Fire Equipment Fund has $28,609.33. There is $189,529.82 in the Co-Merica J-Fund. The Treasurer's Report was accepted and placed on file for audit. An Income report for July 2007 for the General and Fire Funds was also submitted.

 

MONTHLY BILLS:

Motion by Mike, support by Rosemary, PASSED to approve the monthly bills as submitted. Yes: Mike, Rosemary, Diane, Petsy, Lynn, Mary Ellen and Scott. No: none.

 

General Fund bills totaling $35,890.48, through check number 19080, Fire Fund $17,160.58 through check number 9800, Cemetery Fund $262.47, through check number 946.

Bills were also paid from the building fund, street light fund, and other self-supporting miscellaneous funds.

 

FIRE BUSINESS:

Fire Chief, Gary Furman, presented an Incident Log for July 2007. There were 85 calls with an average response time of 5.79 minutes.

 

Gary stated that the many non-emergency calls that they have been responding to have subsided, as the residents on Russell Road have moved out of state. He stated that he would like the attorney to continue to investigate this matter as it will probably come up again in the future.

 

Gary stated that two probationary fire fighters have completed their probation and he would like the board to removed these two employees from probation and confirm their fire fighter status.

 

Motion by Diane, support by Rosemary, PASSED to take Tom Miller and Nick Zelinsky off of probation and confirm their fire fighter status. Yes: all.

 

The board congratulated Tom Miller and he was applauded. Nick Zelinsky was not able to make the meeting as he was working.

 

Gary stated that fire truck 1220 is a 1987 model and will be 20 years old. He explained that after twenty years it is no longer considered part of the fleet and the ISO rating that we get in the township is based on the fleet. Gary stated if the truck is not replaced or refurbished this will increase our ISO rating, and in return the homeowners insurance for everyone in the township will increase. Gary stated that a new truck will cost about $270,000.00 to replace and to re-chassis it will cost $140,000.00. He stated that one or the other needs to be done to keep the township's ISO rating. Mary Ellen questioned if this money would come out of fire operating as the fire equipment fund is low and the fire equipment millage was not renewed by the voters.

Gary stated yes it would come out of fire operating and something else would need to be let go. Gary stated that his fire captain, Joe Balder, has been doing all of the repairs on the fire trucks and would propose that Joe would re-chassis 1220. The board gave Gary the authority to get bids for the re-chassis and bring the information back to the board for budget purposes for next fiscal year.

 

Gary stated that Dalton Township Fire is holding its First Annual Pig Roast, On August 25th at the fire station. He stated that anyone is welcome and there will be a water battle, D.J., kids games, etc. He stated this is taking the place of the annual steak fry that was previously held in conjunction with the annual Twin Lake Civic Association festivities.

 

There was no report for the Cemetery; however, it was stated that the cemeteries are being kept up well and look very nice.

 

COMPLIANCE OFFICER:

Compliance Officer, Frank Swiatek, gave the board an update of cases filed since the first of the year. He stated that there have been 75 cases to date, most cases are closed; one is pending and one is in litigation. He again stated that residents have been very cooperative in resolving the cases. Mary Ellen thanked Frank for doing a good job and working so well with our residents. Petsy questioned if all the case are related to junk vehicles. Frank stated that about 50 percent are junk cars and the other 50 percent are miscellaneous.

 

ASSESSING AGREEMENT:

The current assessing agreement expired on August 3, 2007. A proposal from Robert Frain and Wanda Budnik was submitted to the board to renew the current contract with no changes. Wanda was present and stated that there has been no increase in pay for assessing for the past several years. Wanda stated that the county charges $11.25 to $13.50 per parcel with no office time and we are paying $5.25 per parcel, stating the cost increases annually due to additional parcels in the township. Wanda explained that the assessing office is covered five days a week with herself here three days per week and the assistant assessor is a full time position.

 

Motion by Diane, support by Rosemary, PASSED to approve the new agreement as proposed. Yes: Diane, Rosemary, Lynn, Petsy, Mike, Mary Ellen and Scott. No: None.

 

PLANNING COMMISSION:

1. Request of John Warner for the County of Muskegon for a Zone Change from D-1 (Industrial) to C-2 (Regional Commercial) for the westerly 500 feet of Parcel Number

61-07-922-011-0001-00. Mr. Warner was present at the planning commission meeting where a public hearing was held. He explained at that meeting that the County is requesting the described section of the larger parcel be zoned as it was prior to the zone changes due to the adoption of the new Zoning Ordinance and Map. The County intends to sell the approximately 11.7 acre section as one piece with the intention of it being sold and developed as a strip mall. Mr. Warner stated that if any special use permits or land splits might be requested by a new owner, it would be their responsibility to come to the township with those types of requests.

 

Motion by Diane, support by Mike, PASSED to approve the recommendation of the planning commission and approve the zone change request as written. Yes: Diane, Mike, Lynn, Petsy, Rosemary, Mary Ellen and Scott. No: None.

 

2. Request of Maria Daoust for a Special Use Permit for a Martial Arts Center at 2877 Pillon Road (former Image Station) Parcel Number 61-07-035-100-0009-00. Mrs. Daoust was present and explained her plans to the board. Scott stated that there were no concerns from the fire department and no opposition from the neighbors.

 

Motion by Mike, support by Lynn, PASSED to support the planning commissions recommendation and approve the Special Use Permit as requested for a Martial Arts Center at 2877 Pillon Road. Yes: Mike, Lynn, Diane, Petsy, Rosemary, Mary Ellen and Scott. No: None.

 

3. Request of Cedar Creek Investments, Inc., for a Special Use Permit for a boarding/lodging house at 3071 2nd Street, Parcel Number 61-07-830-005-0014-00.

 

Joel Kruszynski, President of Cedar Creek Investments, owner of said property, explained that he leases Serenity Shores at this location which is a recovery home for former addicts. A public hearing was held at the planning commission meeting and detailed minutes were prepared by the Zoning Administrator and Planning Commission Secretary, Stephanie Barrett. Stephanie explained in detail in the minutes the violations, issues, and history of this case. The planning commission voted to deny the request for a special use permit due to the lack of information from the health department, the building department concerns, and other items that were discussed. Lengthy discussion also took place today at our board meeting. Members of the audience wanted to speak regarding this issue.

 

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

 

Comments were accepted. All comments were in favor of the approval of this request and letters of support were received in the board packets. Many board members stated that it was not the use of the house and the program there that is at issue. It is the many issues such as the well, septic, building department issues, zoning issues, fire code issues, and parking space requirements. This request has been ongoing for quite some time and at the planning commission level for months. Mr. Kruszynski stated that the zoning of this property was at issue for quite some time. He stated when the owner bought the property it was zoned R-2 which is the proper zoning for this use. He stated the township kept telling him it was zoned

R-1, and it turns out that it is zoned R-2; stating again his took up quite a bit of time to resolve. Scott stated that there are still many issues that need to be addressed. Mr. Kruszynski, his attorney Robert Eklund, County Commissioner, Chuck Buzzell, and others in the audience pleaded with the board to approve the request with the stipulations that all of the issues being discussed will be taken care of, first and foremost the fire safety issues. Mr. Kruszynski, Mr. Buzzell, and others stated that if we deny the special use permit until all issues are resolved, then the people residing at this location will have no place to go. Mr. Kruszynski stated that all fire code issues will be taken care of immediately, within one week. The board questioned if the residents staying there could sleep downstairs until the windows upstairs were replaced to bring the upstairs into compliance with the fire code. Mr. Kruszynski stated that this will be done. Lynn and Diane stated that Mr. Kruszynski opened this house and operation without informing the township and obtaining the proper permits for the same. Mary Ellen stated that she resented being put into this situation because if the owners had followed the proper channels then these issues and violations would have been taken care of during the permit process and no one would be out on the street without a home if the request is denied. Mr. Kruszynski and his attorney stated that all of the issues mentioned will be addressed, but time is needed. It was stated that an application was submitted to the health department for well and septic; however it is still in the process. Mike stated that at the planning commission level it was denied because they had not heard back from the fire chief, and half the issues were still vague as they did not have all of the information and definitions. Stephanie was present and spoke to the board regarding this request. Petsy questioned if this request is approved before these issues are resolved then is the township liable. Petsy stated that we would not be doing our job if we approve the request with all of the outstanding issues. Mike suggested to table this issue or approve a temporary special use permit, instead of denying the request, because as many people put it, we will be displacing six people who have no place else to live. Mr. Kruszynski promised to move all six residents down stairs until the upstairs windows were brought up to code. He stated that the windows will be replaced within the week. Petsy stated that there are lists stating what needs to be done to become compliant; however one list should be compiled. Mr. Eklund, attorney for Mr. Kruszynski, stated that his client wants to get this done and up to code. He stated it is not a big money maker; it is about the program and its residents. He stated the septic there has been working normally so it will not matter if it takes a while for the health department permits to be approved. He stated that having six residents living at this location is no more than a normal family would have living there.

 

Motion by Mary Ellen, support by Mike, PASSED to close the floor for comments. Yes: all.

 

Motion by Diane, support by Mike, PASSED to allow a 30 day temporary permit, until September 10, 2007, and to move all residents living there downstairs until the windows upstairs are replaced and up to fire code, and Mr. Kruszynski is to continue to get health department approvals, and to continue to address the other issues discussed. Yes: Diane, Mike, Lynn, Petsy, Rosemary, Mary Ellen and Scott. No: none.

 

 

SECOND READING OF THE DALTON TOWNSHIP MICHIGAN TRAFFIC CODE ORDINANCE:

Motion by Mary Ellen, support by Diane, PASSED to approve the second and final reading of the Dalton Township Traffic Code Ordinance. Yes: Mary Ellen, Diane, Mike, Petsy, Lynn, Rosemary and Scott. No: none.

 

It was questioned if this ordinance was following the same guidelines as the State of Michigan has in place for traffic code. Scott stated it is the same.

 

SECOND READING OF THE DALTON TOWNSHIP TRUCK ROUTE ORDINANCE:

Motion by Petsy, support by Mike, PASSED to approve the second and final reading of the Dalton Township Truck Route Ordinance. Yes: Petsy, Mike, Diane, Lynn, Rosemary, Mary Ellen and Scott. No: none.

 

LAND BID-MINIMUM BID RECONSIDERED:

At the previous meeting of the township board, a request was filed for township land to be put up for bid. The land description is 61-07-025-100-0021-00 located off Rich Road. A minimum bid of $20,000.00 was approved and stated if the minimum bid was not acceptable to the person requesting the land be put up for bid, then it will not be advertised. The minimum bid was based on a three acre parcel. It was a determined after the last meeting that the size of the parcel in question is only one acre and it is only good to the property owners surrounding the parcel as there is no access.

 

Motion by Rosemary, support by Mike, PASSED to approve the land be put up for bid, with a revised minimum bid of $7,500.00. Yes: Rosemary, Mike, Lynn, Mary Ellen and Scott. No: Petsy and Diane.

 

BOARD COMMENTS:

A certificate of appreciation was prepared and signed by all board members to Steve Vallier of Westshore Consulting for the free work he put into surveying of the land for the equestrian trail within Dalton Township. Scott stated that a request was received from Blue Lake Township for contributions for their legal case regarding township zoning rights, which if they lose the case it would affect all zoned communities. It was decided that we will not contribute our tax payers' dollars for this issue. Scott questioned the board if they want financial reports from Mary Ellen monthly or quarterly. Quarterly was the consensus.

 

PUBLIC COMMENTS:

Doug Hansen of 515 W. Bard Road was present and expressed his disappointment with the area of west Dalton, the Whitehall and Tyler corridor. He brought pictures of buildings in this area and wanted to know why some of these buildings are not being condemned and torn down, as they are vacant with broken windows, etc. Discussion followed. County Commissioner, Chuck Buzzell, stated that the board had a hard decision regarding the Serenity Shores house, but it was the correct decision.

 

ADJOURNMENT:

Motion by Rosemary, support by Mike, PASSED to adjourn the meeting at 8:50 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