DALTON TOWNSHIP REGULAR BOARD MEETING-MAY 12, 2008, 7:00 P.M.

BOARD MEMBERS PRESENT: Scott Hladki, Mary Ellen Sherwood, Rosemary Rinella, Mike Hiner, Elizabeth (Petsy) Jenkins and 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 April 14, 2008 were accepted as submitted and placed on file.

PUBLIC COMMENTS:
Former Township Supervisor, Merle Hittle, handed board members, the attorney, and the fire chief a letter regarding an agenda item stating that he would prefer the board read it instead of him reading it aloud.

TREASURER'S REPORT:
As of April 30, 2008, the General Fund has $125,074.29, Fire Operating Fund has $149,849.71, and Fire Equipment Fund has $14,863.04. There is $245,014.07 in the Co-Merica J-Fund. The Treasurer's Report was accepted and placed on file for audit. An income report for April 2008 for the General and Fire Funds was also submitted. Rosemary stated that she provided the board all fund balances for fiscal year ending March 31, 2008. Petsy stated that all fund totals were not listed. Rosemary stated that she did not include all fund balances, just the major funds. Petsy inquired about the parks and recreation account.

MONTHLY BILLS:
Petsy contacted Mary Ellen prior to the meeting with questions on bills. Petsy asked Scott what was wrong with his computer that cost so much to fix. Scott stated that his computer had three viruses that had to be removed and he had virus protection installed. Petsy stated that there are some reputable virus protection programs that you can get off the internet for free. Petsy asked Scott if he sought quotes for computer repair and maintenance as was discussed at the previous meeting. Scott did not remember this discussion; however he would check. Petsy asked if Scott has received any perks or gratuities for him awarding this computer work to this certain company. Scott stated that he received no perks or gratuities.

Motion by Mike, support by Rosemary, PASSED to approve the monthly bills as submitted. Yes: Mike, Rosemary, Lynn, Diane, Mary Ellen and Scott. No: Petsy.

General Fund bills totaling $49,991.56, through check number 19674, Fire Fund $29,781.08 through check number 10042, Street Light Fund $1,274.84 through check number 485. Bills were also paid from the building fund, and other self-supporting miscellaneous funds. Chief Furman stated that Alexis Fire Equipment sold our old fire truck, 1220 for $20,000. He also stated that ISO was here for a re-evaluation and we will know within 60-90 days if the township gets a better rating. Diane asked if the ISO rating is lowered how much this will save a homeowner per year. Chief Furman stated that if it is lowered it will save him about $35 to $40 per year on his homeowners insurance.

FIRE BUSINESS:
A. Fire Chief, Gary Furman, submitted the Incident Log for April 2008. There were 51 calls with an average response time of 8.03 minutes.

B. Fire Chief's Contract. Scott stated that this contract has been before the board several times recently. Changes have been made and it is being resubmitted for consideration.

Motion by Rosemary, support by Mike, FAILED to approve the contract as written. Discussion followed. Scott asked if board members would like to discuss the contract. Petsy stated to Scott that his instructions to all board members was that no discussion should take place, just give a yes or no answer regarding the contract. Petsy stated that a lot of issues with the proposed contract have already been discussed previously, however she agreed with what Lynn stated a couple of months ago that the personnel policy and the ordinances with regard to personnel matters need to be updated before any contract is considered for any office. Petsy stated that she spoke with the attorney regarding this issue and the attorney stated to her that approving this contract does not benefit to the township. Approving this contract, benefits the fire chief. Petsy stated that the chief is an employee and should once again be covered under the personnel policy just as all other employees are covered, stating no other employees have contracts. The attorney stated that the contract gives the employee security for three years, if approved. Gary stated the contract approved in 2005 was approved by the same board. Petsy stated since that time a legal opinion was sought in 2007 and it was stated that Gary was no longer able to carry out the full terms and conditions of said contract and it should have been terminated automatically. Gary stated the board knew things were going to change in the future. Diane stated the personnel policy does need to be updated. She stated in lieu of a contract she believes that a resolution would be more appropriate. Petsy stated nowhere in our ordinances regarding this issue does it state that a fire fighter must be physically capable to be a fire fighter. She stated this is a huge oversight in the ordinance and one reason these documents desperately need to be updated. Petsy believes that if we approve this contract for this position, then we need to consider contracts for other employee positions as well. Mary Ellen stated that she conducted some research regarding this matter. She stated that she went over this information with the fire chief in her office. Mary Ellen stated that the clerks in the state are all connected on a list serve hosted by the Michigan Association of Municipal Clerks. She stated that she put questions on the list serve to municipalities similar in size, population, and with similar fire departments, employees, etc. She inquired how many other fire chiefs are covered under contracts, if they have to abide by office hours, and other criteria. She gave the results of which a three-year contract is unheard of according to the responses received. She stated only two had contracts out of the responses, and they were only for one year, the current fiscal year. She stated that all others were covered under the personnel policy like all other employees. She stated that all other chiefs were held to regular office hours. Mary Ellen stated that quite a few chiefs are part time and only paid for calls ran. Mary Ellen stated that all benefits, insurance and other items in the contract are the same as what the personnel policy states anyway. She states that the fire chief has office hours in the contract that are not abided by and his sick time in the contract allows the chief up to three months of sick leave. She states that no other employee is afforded this much sick time. She states that this one employee having this protection and perks such as the sick time is not fair to all other employees. Mary Ellen stated again stated that she recalls the contract was put into place so that the chief was assured the step raises that were put into the contract. Stating now that these step raises have been given, this position should once again be covered under the personnel policy and the items in the contract that are not listed in the personnel policy such as office hours, vehicle usage, time off for Red Cross, etc., should be put into a resolution format. This is only fair the all employees. Mike stated that we have a good fire chief and that the personnel policy is antiquated. At best, he states that Gary is an at will employee without a contract. He stated that some of these employees need security otherwise how are we going to get decent personnel. Mary Ellen stated that all employees are valuable, not just certain ones. She states then change the personnel policy so that all employees are protected. Petsy stated that Gary does do a good job, so he has security in that. She adds that if he continues to do a good job and doing it properly then he should have no worries. She states that it is the same for all other employees. Mike stated that new people may get elected in this year's election that might have a vendetta against Gary.

Scott called for a roll call on the motion. Mary Ellen reiterated the motion to approve the fire chief's contract as written. Roll call vote. Yes: Rosemary, Mike, Scott. No: Lynn, Diane, Petsy and Mary Ellen. Gary requested a copy of the tape of this meeting.

MAINTENANCE DEPARTMENT:
Scott updated the board regarding properties that are vacant with trash left. He stated the township maintenance department will be cleaning up these properties and the cost will be put onto the home owners' tax bills.

BUILDING DEPARTMENT:
Building Inspector, Chris Hall, stated that he had nothing new to report to the board at this time.

PLANNING COMMISSION RECOMMENDATIONS:
Request of Mike and Pam Patterson for a Special Use Permit for a kennel at 512 W. Riley Thompson Road. The Planning Commission recommended approval of the special use permit for a kennel as requested with a maximum of 15 dogs.

Motion by Diane, support by Petsy, PASSED to approve the request for a special use permit for a kennel at said location with a maximum of 15 dogs including their own dogs. Yes: Diane, Petsy, Lynn Mike, Rosemary, Mary Ellen and Scott. No: none.

PRESENTATION-NEIGHBORHOOD INVESTMENT:
Timothy Burgess, Executive Director, of Neighborhood Investment Corporation gave a presentation regarding this service for homebuyers and homeowners. He provided brochures to the board with many tools, recourses, and guidelines that this service provides.

PARKS AND RECREATION PLAN UPDATE:
Quotes were received from four engineering companies. However, this item was tabled to get additional information from the company with the lowest quote.

Motion by Diane, support by Mike, PASSED to table this item at this time. Yes: all.

FIREWORKS PERMIT:
Motion by Diane, support by Rosemary, PASSED to approve the fireworks display permit for fireworks at the island in Twin Lake on July 4, 2008. Yes: Diane, Rosemary, Mike, Lynn, Petsy, Mary Ellen and Scott. No: none.

Motion by Diane, support by Rosemary, PASSED to approve the fireworks display permit for fireworks at the Thunderbird Raceway Park for a display on July 12, 2008. Yes: Diane, Rosemary, Mike, Lynn, Petsy, Mary Ellen and Scott. No: none.

TOWNSHIP WEB SITE:
Motion by Petsy, support by Diane, PASSED to put this item out for bid or get other prices for this service. Yes: Petsy, Diane, Rosemary, Mike, Lynn, Mary Ellen and Scott. No: none.

RESOLUTION-COUNTY TO REGULATE TAXI SERVICES:
Motion by Mary Ellen, support by Diane, PASSED to table this item. Yes: all.

BOARD COMMENT:
Scott spoke of an upcoming meeting regarding proposed roads into the industrial park in Dalton Township. Gave an update on the restrooms that need to be constructed at Stop and Look Auto Sales on Whitehall Road.

Mary Ellen stated that Scott moved the meeting along so quickly after the fire chief's contract that nothing else was offered except the three year contract. She stated the board keeps stating the personnel policy and the ordinance with regard to personnel is antiquated. She suggested a special meeting to review these documents and make updates.

A special meeting for the above mentioned items also including a Resolution with regard to the fire chief's contract items that are not mentioned in the personnel policy. This meeting will be held May 28, 2008, at township hall at 6:30 p.m.

Mike stated that free dump day is on Saturday, May 17, 2008. Rosemary stated the road clean upcoming this month for board member information. Petsy stated the equestrian trail needs to be cleaned up as a lot of trees came down over the winter, and showed a sample of a brochure that is almost complete also with regard to the equestrian trail.

PUBLIC COMMENT:
Brock Rosema, stated that Gary Furman is the best asset the township has. He also read a prepared statement regarding court action the township had to take regarding zoning violations. He requested that he be given permission by the board to bring commercial vehicles to his residence at 6515 Blue Lake Road for repair purposes. Mr. Rosema brought neighbors in support of his having this equipment at his residence. The Township Attorney, David Wells, stated that complaints were received by the township because having this commercial equipment in a residential area is in violation township ordinances. Brock Rosema states that he feels he is being singled out and the township is conducting selective enforcement. Township Attorney, David Wells, stated that this is a zoning violation regarding heavy equipment. He states the township acts on complaints and several complaints about this heavy equipment were received on several occasions. Mr. Rosema was given several months to comply with the zoning ordinance and it was not resolved, therefore, the township had no choice but to take this matter to court and get an order. The attorney states that the Ordinance Enforcement Officer, Frank Swiatek, tried to get cooperation from Mr. Rosema and he would not cooperate. Brock Rosema also asked the township to stop a court order against his dad, Daniel Rosema, with regard to another zoning violation for sand mining, burying of stumps, and digging a pond. He stated that Dan Rosema came and spoke with Scott. He states that Scott told his dad to write a letter of intent and this case would be dropped. He states they followed Scott's direction, however the case has not been dropped.

County Commissioner, and township resident, Chuck Buzzell was present and stated his opposition against a rezone request that the township is currently considering for a resident that lives on Putnam Road. Mr. Buzzell stated he owns property in this area and he stated his reasons for his opposition of the rezone. Debra Covington who is the resident that is requesting the rezoning spoke and stated that she only requested that her property be rezoned. Mike stated the reasoning of the planning commission stating that three options were available and polling went out to property owners wanting their opinion regarding the rezoning. She states that the township wants several parcels to be rezoned to avoid spot zoning. Mr. McCormick was present and stated his opposition to the rezoning as well, as he owns property in this area as well. Mr. McCormick states that he spoke briefly with the owner of Nugent Sand who owns property here as well, and he is opposed to the rezoning as well. Ms. Covington stated that college students create web sites for free and to contact our local colleges for this service at no cost. Mr. Lance Debrook spoke and stated his support on behalf of the Rosema's. Will Shannefelt who lives on Lakeshore Road states that the township seems to have a vendetta against Mr. Rosema. He states there are many zoning violations on Lakeshore Road. Scott states that the township only acts on complaints, we do not go out and look for violations. Mr. Shanafelt says that he is stating a formal complaint right now regarding these violations. He stated other complaints that he had as well. Debra Garza spoke in support of the Rosema's as well. Wanda Todd who lives on West Michillinda states the equestrian trail is behind her property. She states that she believes the equestrian trail is a good thing; however, she would like signs put up stating no camping, no dumping, no underage drinking, and no hunting without permission, etc. Petsy stated that signs are going to be put up and further discussion followed. Darlene Shanafelt stated complaints against the board. She also stated that when she and her husband were taken to court, the township stated they would not answer their door and states that is a lie.

ADJOURNMENT:
Motion by Rosemary, support by Mike, PASSED to adjourn the meeting. 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