DALTON TOWNSHIP REGULAR BOARD MEETING-JANUARY 3, 2008, 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 township board meeting minutes of December 10, 2007, were accepted as submitted and placed on file.

PUBLIC COMMENTS:
County Commissioner, Chuck Buzzell, spoke regarding agenda item number 14, Private Road Maintenance. Mr. Buzzell thanked Mary Ellen for sending a letter to him and other affected property owners regarding the same item. He stated that the township has maintained 5th Street since 1968 and believes that this service should not be discontinued. Mr. Buzzell stated that Cedar Creek Township maintains some of their private roads and has no legal or audit comments regarding the same. However they are billed by the Muskegon County Road Commission as local road maintenance, not private road maintenance. Mr. Buzzell stated the board may want to study the Highway-By-User Statute and take the time to make a wise decision regarding this issue. Mr. Bill Schubert, of Johnston Road spoke regarding the same issue. He stated that he had sent a letter to Mary Ellen and reiterated what he stated in the letter that the terminology used in the billing was labeled private and this is the concern of the auditor, using public money for private purposes. He stated the issue becomes succinctly clear when the words "public" and "private" are defined. He stated according to the American Heritage Dictionary "Public" is defined as "Maintained for or used by the people or community". "Private is defined as "Not available for public use, control or participation." He stated these roads have been used for public purposes for many years and should continue to be maintained. Dick Vitek of Cat Street expressed the same sentiments and stated the duties of the Muskegon County Road Commission. Wayne Fetterley of Johnston Road stated that he has lived there since 1957 and the road has been maintained. He stated that these roads have been used for public purposes and should continue to be maintained by public funds. He mentioned all of the public vehicles that use Johnston Road.

TREASURER'S REPORT:
As of December 31, 2007, the General Fund has $-3562.88, Fire Operating Fund has $72,080.58, and Fire Equipment Fund has $21,940.96. There is $192,603.11 in the Co-Merica J-Fund. The Treasurer's Report was accepted and placed on file for audit. An Income report for December 2007 for the General and Fire Funds was also submitted.

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

General Fund bills totaling $30,669.20, through check number 19398, Fire Fund $6,705.46 through check number 9930, Cemetery Fund $36.86, through check number 962, Cemetery Fund $1,281.64 through check number 480. 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 January 2008. There were 67 calls with an average response time of 8.02 minutes.

Proposed fire protection for Cedar Creek Township: Chief Furman submitted a five-year contract to provide fire protection services. Gary stated that this contract has increased about $1,000.00 from previous contracts with Cedar Creek. He stated the amount is based on what dispatch charges. He stated the total amount for these services will be $26,799.00 and is paid twice per year. Chief Furman stated that, if approved, he will then submit the proposal to Cedar Creek Township officials.

Motion by Mike, support by Petsy, PASSED to approve the proposed fire protection figures and submit the proposal to the Cedar Creek Township Board. Yes: Mike, Petsy, Diane, Rosemary, Lynn, Mary Ellen and Scott. No: none

BUILDING DEPT: ORDINANCE AMENDMENT & 2006 INT. PROPERTY CODE:
The township attorney stated that the Code of Ordinances for the Township of Dalton needs to be amended to provide for Abatement of Nuisance. The attorney suggested this addition be numbered 40.064. The attorney also suggested for the board to adopt the current International Property Maintenance Code so the two are not in conflict with each other.

Motion by Diane, support by Mike, PASSED to approve the ordinance amendment to the Code of Ordinances for the Township of Dalton to provide for abatement of Nuisance. Yes: Diane, Mike, Rosemary, Petsy, Lynn, Mary Ellen and Scott. No: none.

Motion by Diane, support by Rosemary, PASSED to adopt the 2006 International Property Maintenance Code as written. Yes: Diane, Mike, Rosemary, Petsy, Lynn, Mary Ellen and Scott. No: none.

MANDATORY SEWER CONNECTIONS-RIVER ROAD-CORNER LOTS:
Scott stated that he believed, and has been telling the residents that live on corner lots on River Road, that they did not have to connect to the sewer until the sewer goes down the side roads near their lots. He stated that he was wrong and that they do have to connect. He stated that since he has been telling these people that they did not have to connect, he is asking the board to extend the time frame for mandatory connection for these residents. Discussion followed.

Motion by Mike, support by Lynn, PASSED to approve the extension of time for mandatory connection for the residents on corner lots in the River Road Sewer Special Assessment District. The deadline for mandatory connection will be November 1, 2008. Yes: Mike, Lynn, Diane, Rosemary, Petsy, Mary Ellen and Scott. No: none.

WATER AND SEWER BOARD CREATION:
The current township ordinance calls for the township board to hear hardship cases. Scott stated that this would be a new board that would consider hardship cases and would eliminate the board hearing such cases in a public meeting. Discussion followed regarding setting up this board, who would serve on this board, etc. No action was taken. It was stated that the board will be the approving body for hardship applications, and who serves on newly created board, etc.

REVIEW S.U.P. MCCORMICK PROPERTY ON PUTNAM ROAD:
A special use permit was approved in 2003 for McCormick Sand Company to move a compost farm from 5401 Putnam Road to 5430 Russell Road. This SUP was subject to a review in two years to determine if the move is complete and to see that 5401 Putnam Road is cleaned up and that all plastic bags are cleaned up. Scott stated that there have been no complaints. Joel McCormick was present and stated that work was being done there three and four days a week during the summer. He stated that the area is cleaned, organized in rows, the area has also been graded and seeded, and there is no more plastic.

The board came to the consensus that no more reviews of the special use permit would be required unless complaints are being received regarding this site.

APPOINTMENT TO BOARD OF REVIEW:
Motion by Diane, support by Rosemary, PASSED to approve the appointment of Craig Monette to the Board of Review for a two year term, to replace longtime BOR member Tim Gage. A request was made to recognize Tim Gage for his numerous years of service on the BOR. Yes: Diane, Rosemary, Mike, Lynn, Petsy, Mary Ellen and Scott. No: none.

FEDERAL POVERTY GUIDELINES:
Motion by Rosemary, support by Mike, PASSED to approve the Policy and Guidelines for Poverty Exemptions from taxation for the year of 2008 as required by PA 390 of 1994. Yes: Rosemary, Mike, Diane, Lynn, Petsy, Mary Ellen and Scott. No: none.

TRUCK ROUTE ORDINANCE:
An Ordinance to regulate the use of roads, highways, and streets in the Township of Dalton by commercial trucks, and to designate routes on which commercial truck traffic is prohibited.

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

PRIVATE ROAD MAINTENANCE:
Mary Ellen stated that she and the township attorney spent a lot of time investigating this issue. She explained that the township's auditor requested a legal opinion regarding the township paying for private road maintenance. Mary Ellen stated that the road commission is the only place stating "private road" maintenance as this is how the invoices are sent to the township. She stated the road commission does not recognize these roads as public roads because they are not built to their standards, so in their opinion these are private roads. However, these roads have been used for public purposes, by public vehicles, and maintained by public funds for years. In a legal opinion, the township attorney stated that it is the law and it is our ordinance that states this is not a legal expenditure under current law. However, these few roads have been maintained by the township for more than 10 years, some of them over 40 years; therefore, they fall under the Highway-by-User Statute which states the Township can continue to provide these services for the roads that have been maintained for 10 years or more as said roads have been open for public vehicles and served the public for several years. Many residents were present regarding this issue and much information was provided and discussed. Questions were asked such as will this be provided to additional private roads. Mary Ellen explained that this would only apply to the few roads that have been maintained for 10 years or more. Current law and ordinance would prohibit the township for paying for this service for any new requests. County Commissioner, Chuck Buzzell, who provided Mary Ellen with the Highway-By-User Statute, stated that Fifth Street has been maintained since the 1950's. Other residents living on Johnston Road expressed the same concerns stating that this road has been maintained for many years as well and used by public vehicles for many years as well. A resident questioned if this issue will come up again. Mary Ellen stated that the legal opinion should satisfy the auditor and the auditor will write a resolution to the matter in the next audit, so this should take care of this issue and it should not be brought up again.

Motion by Mary Ellen, support by Diane, PASSED to approve continuation of the private road maintenance program as has been provided for years based upon the legal opinion that states this is a legal expenditure of the Township of Dalton. Yes: Mary Ellen, Diane, Rosemary, Mike, Lynn, Petsy and Scott. No: none.

PUBLIC COMMENTS:
Former Township Supervisor, Merle Hittle, asked why the public cannot have copies of the same packets provided to the board members and the Chronicle staff that attends the meetings. Scott stated that he can pay to get a packet. Merle stated that he is a tax payer, he is already paying. He asked if the Chronicle pays for their copy. Merle asked if the deputy treasurer gets paid to attend the board meetings. Scott stated yes. Merle asked why as she is not required to attend the meetings nor does she have to give a report. He stated this could be a cost savings to the township. Scott stated that the deputy treasurer makes copies on occasion. Merle stated for a board member to get up and make copies. David Less of Cat Street thanked the board for continuing the private road maintenance program. He stated these roads were constructed before the ordinance came into effect and Cat and Brock Streets were constructed very badly.

CLOSED SESSION-PENDING LITIGATION:
At 7:55 p.m., Motion by Mike, support by Lynn, PASSED to enter into closed session to discuss pending litigation regarding Michigan Adventure, Inc. v Dalton Township; Dalton Township v Karafa; and Essex, et al. v Dalton Township. Yes: Mike, Lynn, Mary Ellen, Diane, Rosemary, Petsy and Scott. No: none.

At 8:25 p.m., Motion by Mike, support by Diane, PASSED to exit the closed session. Yes: Mike, Diane, Lynn, Mary Ellen, Rosemary, Petsy and Scott. No: none.

ADJOURNMENT:
Motion by Mike, support by Rosemary, PASSED to adjourn the meeting at 8:26 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