SEPTEMBER 10, 2007, 7:00 P.M.

 

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

 

BOARD MEMBERS ABSENT: Scott Hladki.

 

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.

 

Mary Ellen stated that the board needs to elect one of the board members to chair the meeting in Scott's absence.

 

Motion by Mike, support by Petsy, PASSED to appoint Mary Ellen to chair the meeting. Yes: all.

 

MINUTES:

The regular township board meeting minutes of August 13, 2007, were accepted as submitted and placed on file.

 

TREASURER'S REPORT:

As of August 31, 2007, the General Fund has $41,997.26, Fire Operating Fund has $116,474.75, and Fire Equipment Fund has $28,609.33. There is $190,318.75 in the Co-Merica J-Fund. The Treasurer's Report was accepted and placed on file for audit. An Income report for August 2007 for the General and Fire Funds was also received.

 

MONTHLY BILLS:

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

 

General Fund bills totaling $50,393.34, through check number 19163, Fire Fund $7,597.81 through check number 9828, Cemetery Fund $3,555.62, through check number 951. 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 August 2007. There were 79 calls with an average response time of 6.44 minutes.

 

MAINTENANCE DEPARTMENT:

Maintenance Supervisor, Keith Ostoin, stated that the residents free dump day will be September 22, 2007 from 8:00 a.m. to 3:00 p.m. Discussion about old and new tractors took place.

 

COMPLIANCE OFFICER:

Compliance Officer, Frank Swiatek, was not present. The Zoning Administrator, Stephanie Barrett, stated that she put a letter in the board packets regarding a non-compliance issue for Parcel Number 61-07-200-000-0271-00. No action was taken.

 

BUILDING INSPECTION:

Fee for the building inspector to condemn buildings. Building Inspector, Chris Hall, questioned the board about an unsafe building, or condemning a building fee. He stated that previously he only had to condemn very few buildings, and now the board is considering many building condemnations. Chris stated that he would like a fee established for this service. The board requested that Chris check into this issue further and inquire about what other municipalities pay for this service.

 

PLANNING COMMISSION:

1. 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, and his attorney Robert Eklund, updated the board of changes since the last board meeting. Mr. Eklund referred to statements made in a letter from Progressive Architecture Engineering, a firm hired by Mr. Kruszynski to see what options they have in bringing the property into compliance with township codes and ordinances. This letter was received by the board on the same day as the meeting and was reviewed. Mr. Kruszynski stated that he could not make all of the changes that the township is requesting and invest all this money if the special use permit is not going to be approved. The Township Attorney, David Wells, stated that the board cannot approve the Special Use Permit when the home is not compliant with the township's building and fire codes, and is also not compliant with the township's zoning ordinances. Mr. Wells stated that the board could reject the request under Section 16.3 D, of the township's ordinance as they are operating in violation of the ordinances for fire code, building code, and zoning compliance. Mr. Wells suggested that we may otherwise choose to send this issue back to the planning commission since some issues have been resolved, however many are still outstanding. Further discussion followed regarding the people living at this address. It was questioned if these people need to move out until all violations are resolved. Again, it was stated that these residents have no place else to go in the meantime. Mr. Kruszynski stated the safety violations have been fixed. He stated that the fire alarms have been hard wired, the windows upstairs have been replaced, and ladders are in place. He stated the items yet to be done are issues such as the sewer permits, parking, and lighting. Mary Ellen stated if there are any other safety violations that have not been resolved, then they must be fixed immediately. She also stated that Mr. Kruszynski needs to contact the fire chief so that he may inspect the safety violations that Mr. Kruszynski claims have been fixed. Attorney Wells stated that R-2, which this is zoned, is designed for up to 8 people; and there are less people than that living there. The board stated that no new residents should be taken in at this house until all violations are resolved. Mr. Kruszynski agreed.

 

Motion by Mike, support by Petsy, PASSED to remand this request back to the planning commission and that no new residents be allowed to enter into the Serenity Shores house until all violations are resolved. Roll call vote. Yes: Mike, Rosemary, Diane, Lynn, Petsy and Mary Ellen. No: None.

 

2. Request of Dalton Township for a Zone Change from R-1 (Residential) to C-2 (Regional Commercial) for vacant parcel bounded by Automobile, Lake, Hazel, and Park Roads. Parcel Number 61-07-506-088-0005-00. The Township is requesting the zone change on this parcel to allow a cell tower to be placed at this location; as Verizon Wireless needs a tower in this area to better serve their customers.

Motion by Diane, support by Lynn, PASSED to approve the request of the township for the zone change as requested. Roll call vote. Yes: Lynn, Rosemary, Mike, Diane, Petsy and Mary Ellen. No: None.

 

3. Request of New Par - Verizon Wireless c/o Mandala LLC, 4531 Pointview, West Bloomfield, MI for a Special Use Permit for a 250 foot wireless Communications Tower on vacant township owned property. Parcel Number 61-07-506-088-0005-00.

 

Motion by Diane, support by Rosemary, PASSED to approve the request for a Special Use Permit for Verizon Wireless to place a wireless communication tower on the township owned property as stated above. Roll call vote. Yes: Diane, Rosemary, Lynn, Mike, Petsy and Mary Ellen. No: None.

 

Motion by Diane, support by Lynn, PASSED to allocate any revenue from the cell tower being placed on township property, be specifically designated to the road account in the township budget. Roll call vote. Yes: Diane, Lynn, Petsy, Mike, Rosemary and Mary Ellen. No: None.

 

4. Proposed Amendments to the Township's Zoning Ordinance to regulate manufactured housing more than 10 years old.

 

Motion by Diane, support by Mike, PASSED to approve the amendments to the Township's Zoning Ordinance to incorporate the language for the Manufacturing Housing, more than ten years old. Roll call vote. Yes: Diane, Mike, Lynn, Petsy, Rosemary and Mary Ellen. No: None.

 

RICH ROAD LAND BID:

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. Mary Ellen stated that one bid was received. Diane opened the bid. The bid was submitted by Thomas Marotta in the amount of $7,501.00.

 

Motion by Mike, support by Rosemary, PASSED to approve the land bid be accepted in the amount of $7,501.00. Roll call vote. Yes: Rosemary, Mike, Lynn, Petsy, Diane and Mary Ellen.

 

JIM MCCORMICK:

Mr. McCormick requested to be placed on the agenda to express his concerns about the County of Muskegon's bidding practices. Mary Ellen stated that we have no control over the county's bidding practices. Mr. McCormick stated the job that he bid on is in Dalton Township and he wants the township to be aware that the county appears to be changing bid amounts after the bid deadline. Mr. McCormick stated that he was the lowest bidder and provided diagrams of the advertisement for bids for said project, the bids received, and the amount of the bids. He also provided a letter from the county DPW, dated the day after the bids were closed, and it had a different amount than the amount listed on the formal bid when bids were opened for a competitors bid. The board sympathized with Mr. McCormick and stated what good work they have done for Dalton Township. Mary Ellen stated that McCormick Sand Company does do great work and they have donated work and materials for Dalton Township many times. Mary Ellen stated that usually any bid can be accepted or rejected, but if bid amounts are changing the next day, then that should be looked into.

 

BOARD COMMENTS:

Mary Ellen stated that many letters were received from local trucking companies stating their opposition to the newly enacted Dalton Township Truck Route Ordinance. Mary Ellen asked if anyone was present regarding this issue. Many were present to discuss this issue.

 

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

 

All present requested that the effective date be delayed. Mary Ellen stated the ordinance was adopted at our last meeting; however it does not go into effect until 30 days after it was published. The trucking companies that were present stated if the ordinance goes into effect it will create a great hardship on them and they want to meet with the board to discuss the possibility of changing portions of the ordinance. Some that spoke and sent letters were, Roger Jourden, President of Accurate Excavators; Michael Weiler, President of Summit Lawn Care and Snowplowing; Jack and Chris Thompson, of Thompson Brothers, Inc.; Kevin Wright, of Kevin Wright Builders; and Jim McCormick of McCormick Sand Inc. Suggestions were made that the board put the ordinance on hold or to reverse it entirely. Board members stated that they were not aware this ordinance would have such a negative effect with smaller trucks as the ordinance states exceptions. The main reason for the adoption of this ordinance is to stop the double bottom tankers on local roads tearing them up and disturbing the residents who live on these roads. Mary Ellen questioned board members if they want to set up a special meeting to review the ordinance and possibly modify the ordinance restrictions and still have the main objectives of the ordinance stand. Since those present did not want the ordinance to become into effect, the attorney suggested rescinding the ordinance effective immediately.

 

Motion by Diane, support by Lynn, PASSED to close the floor for public comments. Yes all.

 

Motion by Diane, support by Lynn, PASSED to rescind the Dalton Township Truck Route Ordinance effective tonight. Roll call vote. Yes: Diane, Lynn, Rosemary, Mike, Petsy and Mary Ellen.

 

The township board requested that a special meeting be called to discuss possible revisions to the rescinded truck route ordinance, so that this rescinded ordinance may be on a future agenda. The meeting will be held on Monday, September 17, 2007, at the Dalton Township Hall located at 1616 E. Riley Thompson Road, Muskegon, MI.

 

Change of meeting dates: Rosemary suggested changing the next two months meeting dates to the Tuesday following the regularly scheduled meeting instead of the regular second Monday. She states due to holidays in the next two months, this will put our meetings in the third week of the month. She stated this will create a meeting on the week of Thanksgiving. Further discussion followed and it was stated that we originally changed our meeting date to the second Monday, from the first Monday, to accommodate our attorney at that time and he is no longer the township's attorney.

 

Motion by Diane, support by Rosemary, PASSED to move the October meeting to

October 9, 2007; and move the November meeting to November 13, 2007. Yes all.

 

Diane stated that some people have mentioned closing the township hall on Fridays. She stated that Fridays are very slow and all employees only work four days a week anyway. She stated that everyone has different days off and it gets confusing to the public, who is here and on what days. She suggested that the township hall close on Fridays. Everyone will be here all four days instead of staggered days off; and she believes it may also prove to be cost effective. The board suggested this issue be put on the next regular agenda.

 

PUBLIC COMMENTS:

The former Township Supervisor, Merle Hittle, was present and stated that all township officials and employees should be part-time. He stated that this is the answer, as the general fund is going down hill. He questioned the fire chief about issues, and stated that the fire chief's contract should not be extended after it expires in 2008. Mr. Hittle also stated that the chief should get mileage instead of the township providing him a vehicle. Bob Carter stated the township needs to trim dollars and he commented about the truck ordinance.

 

ADJOURNMENT:

Motion by Mike, support by Diane, PASSED to adjourn the meeting at 9:04 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