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DALTON TOWNSHIP REGULAR BOARD MEETING–OCTOBER 13, 2009, 7:00 P.M.
BOARD MEMBERS PRESENT: Chris Hall, Mary Ellen Sherwood, Elizabeth (Petsy) Jenkins, Mike Hiner, Merle H. Hittle, James Lothschutz, and Ross McCloskey.
BOARD MEMBERS ABSENT: None.
Supervisor, Chris Hall, called the meeting to order at the Dalton Township Hall. The Pledge of Allegiance said, invocation given, and roll call taken.
Motion by Merle, support by Ross, PASSED to add the Fire Chief’s Contract, to the agenda under Fire Department Business. Yes: Merle, Ross, Mike, Jim, Elizabeth, Mary Ellen, and Chris. No: none.
MINUTES:
The minutes of September 14, 2009 were accepted as presented and placed on file.
PUBLIC COMMENT:
Connie Burchfield stated that it is in the news about the state budget cuts being made across the board. She reminded the board that the decisions that we make now regarding the finances of the township will affect our children and our grandchildren in the future.
TREASURER'S REPORT:
As of September 30, 2009, the General Fund has $137,473.92, Fire Operating Fund has $118,923.50, and Fire Equipment Fund has $9,448.36. There is $253,397.35 in the Investment Fund (C.D.’s). The Treasurer's Report was accepted and placed on file for audit. An Income Report was also received for the General, Fire and Building Funds. The Treasurer’s Report was filed for audit.
MONTHLY BILLS:
Motion by Merle, support by Ross, PASSED to approve the monthly bills as submitted. Yes: Merle, Ross, Jim, Mike, Elizabeth, Mary Ellen, and Chris. No: none.
General Fund bills totaling $34,890.31 through check number 20819. Fire Fund bills totaling $2,371.98 through check number 10467. Cemetery Fund bills totaling $726.14 through check number 1017. Bills were also paid from the Building Fund, the Street Light Fund, and other self-supporting miscellaneous funds.
FIRE BUSINESS:
The Incident Log for September 2009 was submitted and states that there were 44 calls with an average response time of 6.24 minutes.
Two new fire department personnel:
Motion by Mike, support by Ross, PASSED to approve the appointment of Michael Sandilands and Robert Hilton, as new probationary fire fighters. Yes: Mike, Ross, Merle, Jim, Elizabeth, Mary Ellen and Chris. No: none.
Purchase of Turnout Gear:
Motion by Merle, support by Mike, PASSED to approve the purchase of two sets of turnout gear from Muskegon Township Fire Department for $1,498.00 each. This is a budgeted item. Yes: Merle, Mike, Jim, Ross, Elizabeth, Mary Ellen, and Chris. No: none.
Purchase of new fire department vehicle:
At last months meeting discussion took place about purchasing a new vehicle for the fire department and sell or trade in two fire department vehicles. The possible purchase would be with the trade in of the 2006 Dodge Magnum and the 2005 Dodge Ram Command Truck. Information was submitted on six new and used vehicles for purchase. The trade-in value of the two used fire department vehicles was discussed.
Motion by Merle, support by Ross, PASSED to let the township supervisor make the decision regarding what pick up truck to purchase that will best suit the needs of the fire department, with input from the assistant fire chief and the fire department captain, and to cap the price of the new vehicle at $2,500.00 with the two trade-in vehicles. Yes: Merle, Ross, Jim, Elizabeth, Mike, Chris, and Mary Ellen. No: none.
The Fire Chief’s Contract:
Chris stated that a letter was prepared by the township attorney, and provided a copy to all board members. The letter reads: Dear Gary, you have been on full disability since July 10, 2009. Pursuant to your contract with the Township, if you remain on full disability and, are therefore unable to work, for a continuous period of three months during any twelve month period, your employment with the Township Fire Department is automatically terminated. That three month period expired on October 10, 2009. As such, your employment with the fire department is terminated effective October 13, 2009. We wish you the best, Sincerely, Chris Hall, Dalton Township Supervisor. Chris read Section Number 11, from the Fire Chief’s Contract: “TERMINATION". This Agreement shall automatically terminate upon Employee’s death, or permanent disability. Permanent disability shall mean a physical or mental illness resulting in the Employee’s inability to fulfill his duties as Fire Chief, full time, for a total of 3 months in any 12 month period of time. This Agreement shall terminate, at Employer’s discretion, if Employee is disabled from fulfilling his duties for more than 90 days in any 12 month period of time.
Mary Ellen states that Section 11 reads that the “Agreement” shall automatically terminate, not that the Chief’s employment should automatically terminate. She stated that terminating this agreement and terminating the fire chief’s employment is two different things. Chris states that the attorney says if we terminate his Contract, or Agreement, this is terminating his employment. Mary Ellen states if the Contract is terminated, then Gary should go back to being an “at will” employee as he was before the Contract was put into place. Mike stated the board needs to be careful about this type of decision, when an employee is off due to a work related injury.
Motion by Merle, support by Chris, PASSED, as of 7:43 p.m. on the 13th day of October, 2009, the Employment Contract between the Township of Dalton and the Fire Chief Gary Furman be terminated. Yes: Merle, Chris, Elizabeth, James, and Ross. No: Mike and Mary Ellen.
MAINTENANCE DEPARTMENT:
Chris Hall states that Robert Whelpley (Orie - who is a permanent part time maintenance employee) will be done for the season on October 21, 2009. He stated that Jerry Shedler, the new transfer station attendant, may be working one day a week to help with leaf clean up in the cemeteries. Chris states that Orie will still be doing the snow plowing for the township.
COMPLIANCE OFFICER REPORT:
Compliance Officer, Frank Swiatek, reported that there have been 61 complaints filed this year, 10 are still pending, four letters of intent have been sent, and four are unopened.
RESOLUTION FOR VETERANS MEMORIAL PARK:
Motion by Merle, support by Mike, PASSED to approve the Resolution for the Veterans Memorial Park supporting the 75th anniversary celebration of the Park in 2009. Yes: Merle, Mike, Ross, Jim, Elizabeth, Mary Ellen and Chris. No: none.
County Commissioner, Chuck Buzzell, was in the audience and stated that there will be a re-enactment and celebration at the Park on Sunday, November 8, 2009. He stated that there will also be bands and some roads will be closed due to this celebration ceremony.
BUSINESS LICENSE FEES:
The Ordinance that requires some business in the Township to obtain business permits was discussed. It was questioned why all businesses are not required to obtain business permits. Amending this Ordinance was discussed. Should all businesses be required to obtain permits, or no businesses? Elizabeth stated that requiring business permits is a tool that is used to collect personal property taxes, because if they do not pay these taxes, they are not issued a business permit and therefore can not conduct business. Chris stated that he could get a list of all businesses in the Township from our assessing department. Board members suggested to get information from other township’s regarding their business permit procedures whether they do or do not require business permits. Information will be compiled and this item will be put on agenda for the next meeting.
TRANSFER BANK ACCOUNTS TO COMMUNITY SHORES BANK:
Elizabeth states that she would like to transfer the township’s bank accounts from National City Bank to Community Shores Bank. She states Community Shores Bank will offer courier service at tax time, the fees are lower, and Community Shores Bank will accept taxes payments at the bank.
Motion by Ross, support by Mike, PASSED to approve for the Treasurer, Elizabeth Jenkins, to transfer the Township’s bank accounts from National City Bank to Community Shores Bank. Yes: Ross, Mike, Merle, Jim, Elizabeth, and Chris. No: Mary Ellen.
INSURANCE OPT OUT:
Chris stated that in order to be in compliance with state and federal laws, the Township must have in place a Section 125 Plan, or Cafeteria Plan, in order to continue the insurance opt-out program. Much discussion took place. Mary Ellen provided the Board members with a written explanation from the Township’s Insurance Agent, Bill Lewis, about the Section 125 Plan and why it has to be in place.
Merle stated that he would like a special meeting to address this issue and would like at least two people to come and explain the same. Much more discussion took place.
Motion by Mike, support by Mary Ellen, FAILED to table the Cafeteria Plan until the next meeting until more information can be obtained. Yes: Mike, Ross, and Mary Ellen. No: Merle, Jim, Elizabeth, and Chris. No: none.
Chris stated that he will schedule a work session to discuss the Section 125 Plan further with two people, one to be the township’s insurance agent.
Motion by Merle, support by Chris, PASSED to discontinue the insurance opt out payments until we learn more information about the Cafeteria Plan. Yes: Merle, Chris, Mike, Ross, Jim, Elizabeth, and Mary Ellen. No: none.
SEXTON POSITION:
Chris stated that he received a quote from West Michigan Burial Vault Company to provide cemetery services to the Township. Chris states their cost is currently less than what we charge for opening and closing of a grave adding that going with this company for these services will be a cost savings to the Township. Mary Ellen states if we are going to get quotes for this service, why only get one quote.
Motion by Merle, support by Mike, PASSED to go with the prices and services offered from West Michigan Burial Vault Company on an interim bases until quotes are accepted. Yes: Merle, Mike, Ross, Jim, Elizabeth, and Chris. No: Mary Ellen.
Chris states that the sale of cemetery lots and preparation of the deeds will still be done here. It was questioned if former cemetery Sexton, Gary Furman, was terminated from this position yet. Chris stated that he has not been terminated yet.
Motion by Merle, support by Jim, PASSED to terminate Gary Furman as the Cemetery Sexton.
Yes: Merle, Jim, Mike, Ross, Elizabeth, and Chris. No: Mary Ellen.
WOOD CUTTING AGREEMENT:
Discussion took place regarding the current wood cutting agreement. Chris questioned if we charge $10.00 for every load or would a permit for a season be better. He questioned, do we charge everyone and can we allow people to cut dead standing trees. Changes were made to the Agreement. Chris will provide an amended agreement with these changes to the board members.
Motion by Ross, support by Chris, PASSED to amend the Wood Cutting Agreement to have a $10.00 seasonal permit issued by the Township, to be displayed in the vehicle, no standing timber shall be cut. Yes: Ross, Chris, Mike, Jim, Elizabeth, Mary Ellen, and Merle. No: none.
DEBT SERVICE ANALYSIS:
Chris stated that due to the closing of Sappi Paper, the Wastewater Management Committee voted to increase sewer rates. He recommended to the board that we have Tom Traciak of ACI Finance to conduct a sewer fund rate study to accurately determine the amount of increase that we need to charge our customers. The cost for this study to be completed is approximately $6,500.00 and will be paid out of the Sewer Operating and Maintenance Fund.
Motion by Ross, support by Mike, PASSED to allow ACI Finance to conduct a debt service analysis for $6,500.00. Yes: Ross, Mike, Merle, Jim, Mary Ellen, and Chris. No: Elizabeth.
STREET LIGHT SPECIAL ASSESSMENT 2009:
Motion by Merle, support by Ross, PASSED to continue the suspension of the assessment on the 2009 winter tax bill for residents in Streetlight Districts Number One through Number Four. Yes: Merle, Ross, Mike, Jim, Elizabeth, Mary Ellen, and Chris. No: none. A list provided states that streetlight districts number one through four are as follows:
Streetlight District Number One: East of Russell Road, south of White Lake Drive.
Streetlight District Number Two: White Lake Drive, Goose Egg Lake.
Streetlight District Number Three: Dalton
Streetlight District Number Four: White Lake Drive to Riley Thompson, Staple to Dalson Roads.
PUBLIC COMMENT:
Richard Vallier questioned the board’s approval of the Debt Service Analysis, stating that he disagreed with paying this amount. Mr. Vallier also stated that he appreciates the difficult decisions that the board made tonight regarding Gary Furman. Logan Cross was in the audience and stated that he was working on getting his Citizenship in the Community Badge. Connie Burchfield questioned when background checks are done for new fire fighters, if the township is checking to see if they are related to anyone already working in the township. County Commissioner, Chuck Buzzell, stated that the County is trying to keep costs down for sewer services. He spoke of grants that the County is pursing, also mentioning hopeful new flow into the wastewater system.
BOARD COMMENTS:
Mike stated on a good note, his employer, Alcoa (Howmet) has called 100 workers back to work and it is hopeful that another 50 workers will be called back within the next week. Some board members mentioned calling a work session to discuss salary guidelines, benefits, qualifications, etc. for the new fire chief. No meeting date was set. Chris asked if hunting is allowed on Township property. It was stated this is not allowed right now. Chris stated at last months meeting it was brought up that the former township clerk requested reimbursement for an insurance premium that she paid to the township for benefits for 2009, but did not receive these benefits and requested reimbursement of the premium that she paid. Elizabeth stated that the former clerk should not be reimbursed for this premium because she was not charged the appropriate amount in retiree insurance premiums in previous years, so she owed the township this money. Mary Ellen stated that she paid a lot of money for 2009 premiums and did not receive benefits for 2009, adding that she should be reimbursed this premium. Chris stated that this is not on the agenda for tonight’s meeting.
Motion by Merle, support by Chris, PASSED to add this item to the agenda. Yes: Merle, Chris, Ross, Mike, Jim and Elizabeth. No: Mary Ellen.
Motion by Merle, support by Jim, PASSED to reimburse the former clerk the difference of the premium paid and bills received in the amount of $30.00. Yes: Merle, Jim, Ross, Elizabeth, and Chris. No: Mike and Mary Ellen.
ADJOURNMENT:
Motion and support to adjourn the meeting. Yes: all.
DALTON TOWNSHIP BOARD
Chris Hall Supervisor
Mary Ellen Sherwood Clerk
Elizabeth (Petsy) Jenkins Treasurer
Michael Hiner Trustee
Merle H. Hittle Trustee
James Lothschutz Trustee
Ross McCloskey Trustee
Clerk__________________________
Mary Ellen Sherwood
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