DALTON TOWNSHIP REGULAR BOARD MEETING-FEBRUARY 11, 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 January 3, 2008, were accepted as submitted and placed on file.

PUBLIC COMMENTS:
None.

RESOLUTION-WATER BOND:
Scott stated that John Warner, of the Muskegon County DPW is present regarding this agenda item and requested this item be moved up on the agenda to item number five (5) so Mr. Warner does not have to stay for the entire meeting.

Petsy questioned why the board should adopt this resolution that combines the Eastside and Northside Water Systems as we were previously told that the Northside System should stay separate from the Eastside System as the Eastside is an old system that needs many expensive repairs. Mr. Warner stated that it is true that the Eastside System is older and needs repairs; however, the Northside will benefit greatly when expansion comes to the Northside as the Eastside customers will also be paying for this northside expansion. He stated by combining the systems, this gives a larger customer base to spread the costs. Mr. Warner stated that rates will not increase for at least three years and rates will equalize as soon as the systems are combined. He also explained many more advantages to combining the systems. Mary Ellen stated that she was also very skeptical about approving this resolution to combine the systems and refinance the bonds held by Muskegon Township. She stated that she prepared written questions for Mr. Warner, and shared with all board members. Mary Ellen stated that all of her questions were answered by Mr. Warner in writing, and all questions were answered to her satisfaction. She stated that she is very comfortable approving this resolution now.

Motion by Mary Ellen, support by Diane, PASSED to approve the Resolution relative to the acquisition of the Muskegon Township system and additional improvements to the joint water system. Yes: Mary Ellen, Diane, Mike, Rosemary, Petsy, Lynn and Scott. No: none.

TREASURER'S REPORT:
As of January 31, 2008, the General Fund has $185,289.76, Fire Operating Fund has $165,139.33, and Fire Equipment Fund has $22,011.72. There is $193,331.26 in the Co-Merica J-Fund. The Treasurer's Report was accepted and placed on file for audit. An Income report for January 2008 for the General and Fire Funds was also submitted. Scott stated that general fund has a healthy balance. Rosemary stated that taxes are coming in now, revenue sharing was received from the State, and we received final payment for reimbursement for the sewer litigation which will not be coming in any longer.
MONTHLY BILLS:
Motion by Mary Ellen, support by Rosemary, PASSED to approve the monthly bills as submitted. Yes: Mary Ellen, Rosemary, Mike, Diane, Petsy, Lynn and Scott. No: none.

General Fund bills totaling $50,533.83, through check number 19483, Fire Fund $13,590.81 through check number 9953, Cemetery Fund $29.08 through check number 963, Street Light Fund $1,303.60 through check number 481. Bills were also paid from the building 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.

Chief Furman also submitted a proposal for continued fire protection services for Cedar Creek Township. He stated the rate increase for these services are a five (5) percent increase from the previous contract with Cedar Creek. Chief stated that he made the calculations based on the same method that the county dispatch charges. Stating this contract is for five years as it has been in the past. He stated he would like the board's approval to send the proposed contract to Cedar Creek for their board's consideration.

Motion by Mike, support by Petsy, PASSED to send the proposed five year contract to Cedar Creek for their board's approval. Yes: Mike, Petsy, Diane, Rosemary, Lynn, Mary Ellen and Scott. No: none.

Scott stated that he and Gary are trying to get Dalton Township's ISO lowered to a six as we now have the new water source in the township and we also have the new fire truck.

MAINTENANCE DEPARTMENT:
Maintenance Supervisor, Keith Ostoin, stated that we have been discussing the purchase of a new tractor for quite some time and that he has been checking on prices of the same for about one year. He stated that he would like the board's approval to purchase a tractor/loader/backhoe from a local dealer in the amount of $19,512.00. He stated the old tractor is not usable and this new one can be used for many uses such as at the township parks, for the equestrian trail, it can also be used to dig grave sites that we now pay someone else to dig. He stated this is not a Kubota as these are much more costly. He stated the brand on the new tractor is a Montana. Mary Ellen asked if this money is budgeted in this fiscal year and if the money is available. Keith stated that it is budgeted and the money is available in this fiscal year.

Motion by Diane, support by Rosemary, PASSED to approve the purchase of the Montana tractor/loader/backhoe from J & J Farms for $19,512.00 with the trade in valued at $3,500.00. Yes: Diane, Rosemary, Mike, Petsy, Lynn, Mary Ellen and Scott. No: none.

COMPLIANCE OFFICER REPORT:
Compliance Officer, Frank Switeck, stated that there has been over 100 complaints filed, this year three new complaints, and of those 100 about five are pending, but are on hold due to the winter weather. He stated that the residents in violation are very respectful and usually comply within a short amount of time.

BUILDING DEPARTMENT:
A. Construction board of appeals: Building Inspector, Chris Hall, stated that he would like the board to create a construction board of appeals. Chris explained the creation of this board is mandatory by law and he explained the purpose of the same. He stated the construction board existed years ago, but has not been used and members' terms on that board expired years ago. Chris suggested four members for the supervisor to consider for appointment on this board. The members Chris suggested for this board are Dale Sheehy, Don Hansen, Brian Lacross, and Tim Gage as the alternate for this board. He stated they are all very knowledgeable in the field of construction. Chris stated that this board needs to be created, and also the township board needs to appoint a secretary for any meetings that may be called of the construction board of appeals

Motion by Mary Ellen, support by Mike, PASSED to approve the re-creation of the Construction Board of appeals, to appointment members of the same as Chris suggested, to approve the application and the $350.00 non-refundable application fee to cover costs, and to approve the appointment of Mary Ellen to serve as the secretary for the Construction Board of Appeals. Yes: Mary Ellen, Mike, Lynn, Diane, Rosemary, Petsy and Scott. No: none.

B. Civil infractions fees: Township Attorney, David Wells, stated that there is no penalty in the ordinance for civil infractions. He stated that he drafted an ordinance amendment for written penalties under civil infractions, with a maximum of $500.00 per incident.

Motion by Diane, support by Mike, PASSED to adopt the ordinance amendment code to include penalties under civil infractions. Yes: Diane, Mike, Lynn, Petsy, Rosemary, Mary Ellen and Scott. No: none.

C. Application for commercial plan review and fees: Chris explained that the current fees are from the 1997 Uniform Building Code. Plan review fees are 65 percent of the building permit cost. Chris is proposing a non-refundable application fee of $200.00 for the first $1,000.00 of plan review fees and 30 percent for all permit fees thereafter; stating that the 65 percent fee is too steep.

Motion by Diane, support by Lynn, PASSED to approve the application and the non-refundable plan review fee as Chris proposed above. Yes: Diane, Lynn, Mike, Petsy, Rosemary, Mary Ellen and Scott. No: none.

Motion by Diane, support by Petsy, PASSED to approve lowering the plan review fee from 65 percent to 30 percent. Yes: Diane, Petsy, Lynn, Mike, Rosemary, Mary Ellen and Scott. No: none.

D. Retention of withdrawn or voided application fees: Chris submitted a proposed policy for canceled or voided permits for all building, plumbing, mechanical and electrical applications. An administrative fee of $20.00 is proposed to be retained for all permits that are canceled and did not involve an inspection. This is being proposed as there is work involved even if a permit is canceled, such as the inspectors pay, secretarial costs involved (cutting a reimbursement check, etc.) and costs of supplies and postage.

Motion by Diane, support by Rosemary, PASSED to approve the policy to retain fees as written for any voided permits as proposed. Yes: Diane, Rosemary, Mike, Petsy, Lynn, Mary Ellen and Scott. No: none.

BUDGET AMENDMENTS:
Motion by Mike, support by Rosemary, PASSED to approve the budget amendments dated February 11, 2008 for the buildings and ground department, the public safety department, the parks and recreation department, and for insurance; as attached hereto and become an official part of these minutes. Yes: Mike, Rosemary, Diane, Petsy, Lynn, Mary Ellen and Scott. No: none.

SEWER ORDINANCE AMENDMENTS-BILLING DATES AND INTEREST:
Dalton Township Sewer Billing Clerk, Stephanie Barrett, wrote the board a letter stating that the sewer customers that were being billed by Muskegon Township will now be billed by Dalton Township. She states the billing date according to the ordinance is the 1st of December, March, June and September. The bills have always been billed through the last day of December, March, June, and October. She is requesting to change the date in the ordinance to match the current billing as the billing is new to some customers and they are confused about the billing already. Also according to the ordinance, the interest rate for delinquent accounts has discrepancies. She would like the board's direction of what rate to use for delinquent bills.

Motion by Mike, support by Lynn, PASSED to amend the ordinance to conduct the sewer billings as suggested on the 31st every quarter, instead of the 1st; and to leave the delinquent fee at ten (10) percent as the current ordinance dictates. Yes: Mike, Lynn, Diane, Rosemary, Petsy, Mary Ellen and Scott. No: none.

RESOLUTION FOR BOARD SALARIES FOR THE 2008-09 FISCAL YEAR:
The current cost of living rate was discussed. Scott stated the salaries proposed are a three (3) percent increase from the previous years' salary.

Motion by Mike, support by Rosemary, PASSED to approve the Resolution with the three (3) percent increase for the Dalton Township officials. Yes: Mike, Rosemary, Mary Ellen and Scott. No: Lynn, Diane and Petsy.

AUDIT ENGAGEMENT CONTRACT:
Mary Ellen submitted the proposed audit engagement contract from the Township's Auditor, Richard Parker, to complete the township's audit for the fiscal year ending March 31, 2008. She explained that there is a minimal increase as there are more funds now to be audited.

Motion by Rosemary, support by Mike, PASSED to approve the Audit Engagement Contract with Richard Parker to complete the audit for fiscal year ending March 31, 2008. Yes: Rosemary, Mike, Lynn, Diane, Petsy, Mary Ellen and Scott. No: none.

COMMUNCIATIONS:
A letter was received from David Fisher, of the Charter Township of Muskegon, regarding the Muskegon County Phase II Stormwater initiatives. Scott stated that he and Stephanie will be attending a storm water meeting and they will bring back information at a later date.

Other communication was received from West Michigan Shoreline Regional development Commission (WMSRDC) with a sample resolution, regarding membership fees.

BOARD COMMENTS:
Lynn suggested that Scott list the agenda items in the same order as they are placed in the packets to avoid confusion. She also suggested to hand number the pages in the packets.

Budget review meeting date. A meeting is being called by the Dalton Township board to review the budget for the upcoming fiscal year. The board agreed to meet on February 20, 2008 at 6:00 p.m. at the Dalton Township Hall to review the budget.

Mary Ellen stated that the board never gave her direction regarding when to post the meeting minutes on the web site. She stated that the minutes are usually approved as written; however, waiting until after the minutes were approved would avoid having to change the minutes after they are already posted if there should be any changes. The board stated for her to post the minutes on the web site after approval of the same.

Scott stated that the township hall needs cleaning. The board asked Scott to get dollar amounts for this service and bring this issue back at a later date.

PUBLIC COMMENTS:
None.

CLOSED SESSION-SETTLEMENT NEGOTIATIONS -KARAFA V DALTON TWP.
Motion by Diane, support by Lynn, PASSED to enter into closed session to discuss pending litigation, Karafa v Dalton Township. Yes: Diane, Lynn, Mike, Petsy, Rosemary, Mary Ellen and Scott. No: none.

Motion by Diane, support by Petsy, PASSED to enter back into the open meeting. Yes: Diane, Petsy, Lynn, Mike, Rosemary, Mary Ellen and Scott. No: none.

Motion by Mike, support by Lynn, PASSED to approve the settlement of all issues pertaining to Dalton Township v Karafa, Muskegon County Circuit Court Case Number 07-45340 CC and 07-45127 CC, pursuant to the February 1, 2008 written recommendation of Attorney Craig A Rolfe and authorize him to execute on behalf of Dalton Township all documents necessary to effectuate such settlement in the amount of $8,000.00. Yes: Mike, Lynn, Petsy, Diane, Rosemary, Mary Ellen and Scott. No: none.

ADJOURNMENT:
Motion by Mike, support by Rosemary, PASSED to adjourn the meeting at 8:32 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