DALTON TOWNSHIP REGULAR BOARD MEETING-MARCH 10, 2008, 7:00 P.M.

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

BOARD MEMBERS ABSENT: Diane Misze.

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 February 11, 2008, were accepted as submitted and placed on file.

PUBLIC COMMENTS:
None.

TREASURER'S REPORT:
As of February 29, 2008, the General Fund has $240,651.26, Fire Operating Fund has $238,306.71, and Fire Equipment Fund has $22,085.87. 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 February 2008 for the General and Fire Funds was also submitted. Rosemary stated that next month all 2007 taxes will be disbursed to appropriate accounts from our tax fund.

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

General Fund bills totaling $48,903.52, through check number 19564, Fire Fund $13,855.61 through check number 9994, Cemetery Fund $212.10 through check number 969, Street Light Fund $2,706.43 through check number 483. 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 February 2008. There were 52 calls with an average response time of 8.05 minutes. Chief Furman stated that the new fire truck is here and should be in service within a week. Chief Furman stated that the 20 year old fire truck is for sale.

New proposed Employment Contract for Chief Furman. The current three-year contract expires on April 1, 2008. Comments were accepted by board members regarding the new contract. Mary Ellen stated that the wage for this position has increased 43 percent in the last six years. She also stated that she and other board members have concerns about certain parts of the proposed contract. She stated that until approximately 2002 the fire chief did not have a contract. He was covered under the personnel policy, as every other employee of the township for, health, dental, vision, life insurances; also for holidays, vacations and pension. She stated he is salaried so sick pay is not an issue as he is allotted unlimited sick time. Mary Ellen stated that the contract should not have any of these items listed separately, because if the policy changes for all employees, such as contributing to insurance premiums, or any other changes, it would not pertain to the chief's position as the contract would protect him from any changes. Mary Ellen stated if something in the benefits needs to be changed; it should be changed for everyone, as all officials and employees have always had the same benefits. Mary Ellen stated that another issue is that the fire chief's duties are listed in three different places, in the Contract, in the Township Ordinance, in the Fire Department Rules and Regulations. She states this is too many places for the same information to be stated because if something changes, it would need to be changed in all of these different documents. Mary Ellen stated that the proposed contract seems to protect the employee; however, no where does the contract seem to have the township's best interest incorporated. Petsy questioned why a liability issue with regard to this employee is not mentioned in the contract. Lynn asked if this position is just an administrative position now, where in the past it was a working fire fighter, administrative fire chief position. The Chief stated that he is doing the same work as the fire chief in North Muskegon. Gary's salary was discussed and he compared his current salary to the fire chief in North Muskegon. Lynn asked if the fire chief in North Muskegon can physically do more than Chief Furman. Gary stated yes, you're absolutely right. Discussion took place whether this position even needs a contract or should it fall under the personnel policy as it used too. Petsy stated the contract and/or the policy needs to be revised to include terminology to safeguard the township. Gary stated that this contract is the same contract the board approved in 2005. Petsy stated that circumstances have changed since that time. Petsy stated the MTA attorney suggested that the contract not be renewed as it is not in the best interest of the township. The Township Attorney, David Wells, stated that the contract can be negotiated. He stated that he did not write the former contract. He gave his opinion regarding a couple of the questions asked and stated it is also a benefit to the township to have an employee in this position for a three-year period. Chief Furman stated that he had no problem with the benefit portion of the contract being removed and referred to the personnel policy. Petsy again stated that the township is not protected from liability under this proposed contract. Scott stated that the board approved the exact contract three years ago. Petsy stated that we did, but again, the circumstances were different three years ago. Gary stated that this board knew that there was going to be a problem three years ago. He said he told the board before what was going to happen long before he did what he had to do. Petsy said the board was not aware of this liability three years ago. Gary stated the board knew what was going to happen. Further discussion followed.

Motion by Mary Ellen, support by Petsy, PASSED to approve for Scott, Gary, and the Attorney, David Wells, to re-negotiate the contract; and board members need to give the attorney direction so that he knows what issues to incorporate, or not incorporate, into the new contract. Yes: Mary Ellen, Petsy, Lynn and Mike. No: Rosemary and Scott.

Fire Commission Member, Board Representative: Mary Ellen has been the board member representative on the fire commission since 2000. She volunteered to also be the secretary for this Commission. She requested that another board member take a turn at filling this seat.

Motion by Mike, support by Mary Ellen, PASSED to approve Lynn's appointment on the Fire Commission as the Board Member Representative for a six-year term. Yes: Mike, Mary Ellen, Rosemary, Petsy, Lynn and Scott. No: none.

Mary Ellen stated that two fire commissioners' terms will end June 30, 2008. She suggested that Chief Furman check to see if they are interested in having their term renewed.

MAINTENANCE DEPARTMENT:
Maintenance Supervisor, Keith Ostoin, submitted a letter for this meeting as he is on vacation. The letter states in part, that it was requested in the budget to purchase a welding machine and a wood chipper. The letter explains the multiple uses that these tools would offer. Short discussion followed. No action was taken.

COMPLIANCE OFFICER REPORT:
Compliance Officer, Frank Switeck, gave the board an update regarding ordinance violations. He stated there are five new cases, one has been closed, and one is in litigation.

BUILDING DEPARTMENT:
Building Inspector, Chris Hall, stated that a garage collapsed at 5715 Dalton Road. He stated a bank owns the home. Chris provided pictures of the home and the garage that collapsed. He stated these are dangerous buildings. Chris explained that he has sent certified letters to the owners that this dangerous building needs to be demolished. He stated that banks usually move very slowly with regard to this type of situation. Chris requested that the board give him and the attorney authorization to proceed with legal action after 30 days from the date of his letter, if necessary, with regard to the demolition of building(s) at this location.

Motion by Lynn, support by Rosemary, PASSED to allow the attorney and the building inspector to proceed with legal action if necessary regarding the dangerous building(s) at 5715 Dalson Road as discussed. Yes: Lynn, Rosemary, Mike, Petsy, Mary Ellen and Scott. No: none.

PLANNING COMMISSION:
A. Request from the County of Muskegon for a 19 Site Condo Development in the Industrial Park located at 500 Agard Road (former Ott/Cordova site). John Warner, Deputy Director of the Muskegon County Department of Public Works, was present to answer any questions from the board. Mary Ellen stated that she called John with questions earlier and requested that John address the board regarding this request. Petsy questioned what the Site Condo actually is going to be as a site condo usually implies residential. John explained that there will be no residential dwellings and stated that no one will be living there. He explained the term site condo is being used for land splits where the county and local government has the control. John explained additional details regarding this request.

Motion by Mary Ellen, support by Mike, PASSED to approve the recommendation of the Planning Commission, which approves the request of the County for a 19 Unit Site Condo Development. Yes: Lynn, Rosemary, Mike, Petsy, Mary Ellen and Scott. No: none.

B. No final site plan has been received from Aria Link, therefore the board can not act on the next request.

Motion by Mike, support by Rosemary, PASSED to send this item back to the planning commission. Yes: all.

DPW CONTRACT WITH MUSKEGON COUNTY DPW:
Mary Ellen requested that John Warner speak to the board regarding this item as well. She stated that she called John earlier with questions regarding this item as last month we approved a similar document with regard to the Northside Water System. John explained that the document last month was essentially approving the project. He explained the DPW Contract and Resolution before us tonight should have all come through at the same time to prevent confusion. However, stating these documents were not prepared by the attorney in time for last months meeting. John explained the documents in detail. He explained that the documents are approving for the County Department of Public Works to finance costs of acquiring, construction and financing water system improvements to service the local units.

Motion by Mike, support by Lynn, PASSED to approve the DPW Contract as written. Yes: Mike, Lynn, Rosemary, Petsy, Mary Ellen and Scott. No: none.

Motion by Mary Ellen, support by Mike, PASSED to approve the Resolution approving the DPW Contract as written. Yes: Mary Ellen, Mike, Lynn, Rosemary, Petsy and Scott. No: none.

BUDGET HEARING:
Motion by Mary Ellen, support by Lynn, PASSED to open the public hearing for the 2008-09 budget. Yes: all.

Scott stated that he did budget for the township to continue to be a member of Muskegon Area First. Some board members questioned the importance of this membership and questioned what the membership fees paid by Dalton Township are being used to pay. Ed Garner, Director of Muskegon Area First, addressed the board and explained some of what the membership money is spent on, such as marketing the Cordova Site for new business, also job retention in the county, and they can sometimes provide tax abatements for potential new business ventures in the county, etc. Mr. Garner and the City Manager from the City of Whitehall, Scott Huebler, both explained the importance of having Muskegon Area First and the professionals in place to market Muskegon County. Mary Ellen stated that County Commissioner, Don Aley, called her regarding this issue and encouraged continued membership with Muskegon Area First and stated his reasoning for the same. Rosemary, Scott, and Mary Ellen, all also received calls from our former Township Supervisor, Rich Houtteman, regarding this issue. He is employed with Muskegon Area First and also encouraged continued membership. There were no more public comments regarding the budget.

Motion by Mike, support by Rosemary, PASSED to close the public hearing for the 2008-09 budget. Yes: all.

Motion by Mary Ellen, support by Mike, PASSED to approve the 2008-2009 General Appropriations Act Resolution adopting the General Fund Budget of the Township and to approve the budget of the additional fund as well. Yes: Mary Ellen, Mike, Rosemary and Scott. No: Petsy and Lynn.

MCRC ENHANCEMENT GRANT AGREEMENT - BIKE TRAIL:
This Resolution titled Muskegon County Road Commission Enhancement Grant Agreement with Dalton Township is an agreement allowing MDOT to apply for the Enhancement Grant, as the Township cannot apply for this type of grant on its own. The Enhancement Grant would obtain necessary right-of-ways, and design and construct one or more bicycle/pedestrian paths to be situated within Dalton Township.

Motion by Mike, support by Lynn, PASSED to approve the Enhancement Grant Agreement between Dalton Township and the Muskegon County Road Commission. Yes: Mike, Lynn, Mary Ellen, Rosemary, Petsy and Scott. No: none.

BEEGLE FIELD GRANT APPLICATION - PUBLIC HEARING:
The Michigan Natural Resources Trust Fund 2008 Grant Application is to apply for a grant for enhancements to Beegle Field, a local park situated within Dalton Township. The grant amount requested is $129,000.00. The percentage of matching funds is 36 percent in the amount of $63,000.00 which will be paid from township funds that were acquired through donations from the Kevin Wright, Sweeter Road house and other donations. Scott stated that this money is not being paid through tax dollars. Discussion took place regarding the grant application and what enhancements this grant would support.

Motion by Mary Ellen, support by Rosemary, PASSED to open the public hearing regarding the Grant Application. Yes: all.

Gerald Morpeth, of 648 River Road had questions about handicapped accessibility and also about the proposed band shell.

Motion by Rosemary, support by Mike, PASSED to close the public hearing regarding the Grant Application. Yes: all.

Motion by Mary Ellen, support by Mike, PASSED to approve the Michigan Natural Resources Trust Fund 2008 Grant Application. Yes: Mary Ellen, Mike, Lynn, Rosemary, Petsy and Scott. No: none.

DUFF ROAD RENTAL HOUSE:
Motion by Rosemary, support by Mike, PASSED to approve raising the Duff Road rental house rent to $550.00 per month effective June 1, 2008. Yes: Rosemary, Mike, Lynn, Petsy, Mary Ellen and Scott. No: none.

RESOLUTION - JOINT PLANNING COMMISSION:
Motion by Lynn, support by Rosemary, PASSED to approve the Resolution for the North Central Muskegon County Joint Planning Commission; which resolves that Dalton Township agrees to contribute $1,000 per calendar year to continue the implementation of the comprehensive plan and participation in the Joint Planning Commission. Yes: Lynn, Rosemary, Mike, Petsy, Mary Ellen and Scott. No: none.

BOARD COMMENT:
A letter was received, and discussed, from a concerned resident regarding a dumpster in a residential area. The attorney stated he would work with the ordinance enforcement officer to try to resolve this matter.

PUBLIC COMMENT:
Resident and Fire Commission Chair, Wayne Beebe, thanked the board for their support with regard to Beegle Field improvements and support for the bike trail improvements. He stated that he hopes the board comes to an agreement with Chief Furman regarding the renewal of his contract. He stated that it sounds as if there are six different agenda and this needs to get down to one.

ADJOURNMENT:
Motion by Rosemary, support by Mike, PASSED to adjourn the meeting at 8:02 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