AGENDA

The Georgetown Township Board will meet on Monday, January 9, 2006, at 7:30 p.m. for the regular meeting at the Township Office.

The agenda is as follows:

1. Call to order by Chairman Bill Holland.

2. Prayer for guidance by Daniel Carlton

3. Pledge of Allegiance to the Flag

4. Roll Call

5. Public Comments

6. Approval of agenda as presented for January 9, 2006

7. Communications, letters and reports: Received for information, to be filed:

A. Code Enforcement Officer’s December 2005 Monthly Report

B. Ordinance Fines received for November 2005

C. Information received from Charter Communications

D. Sheriff Department Report for November 2005

E. Income and balance statements

F. Zoning Board of Appeals minutes for December 14, 2005, 2005

G. Senior Center Monthly Activity Report for December 2005

H. Planning Commission meeting minutes for December 21, 2005, note that rezoning REZ0506 was noticed to be on this Board agenda, but was tabled at the Planning Commission

I. Library Report for November 2005

8. Consent agenda

Motion: To grant the following:

a. Approval of minutes of the regular board meeting held on December 12, 2005

b. Approval of the December bills, the regular Monthly Bills and special check run

9. Second Reading and Adoption of Ordinance No. 2006-01 Michigan Motor

Vehicle Code and Uniform Traffic Code Ordinance

Motion: To the second reading and adoption of Ordinance

No. 2005-09, Non-Motorized Path Ordinance, as follows:

AN ORDINANCE TO AMEND CHAPTER 54 OF THE CODE OF ORDINANCES OF THE CHARTER TOWNSHIP OF GEORGETOWN, MICHIGAN, TO ADOPT THE MICHIGAN VEHICLE CODE AND UNIFORM TRAFFIC CODE BY REFERENCE

THE CHARTER TOWNSHIP OF GEORGETOWN ORDAINS:

Section 1. Amendment. That Chapter 54 of the Code of Ordinances, Charter Township of Georgetown, Michigan, is hereby amended to read as follows in its entirety:

ARTICLE I. TRAFFIC CODE

Sec. 54-1. Michigan Vehicle Code adopted.

Pursuant to the provisions of the Michigan Charter Township Act, 1947 PA 359; MCLA 42.23; MSA 5.26(23), the Michigan Vehicle Code, Act No. 300 of the Public Acts of Michigan of 1949, as amended, MCL 257.1, et seq., is adopted by reference, as if fully set forth herein.

Sec. 54-2. References in code.

References in the Michigan Vehicle Code to “local authorities” shall mean the Charter Township of Georgetown, Ottawa County, Michigan.

Sec. 54-3. Enforcement; sanctions.

(a) The Michigan Vehicle Code may be enforced by any police officer or other employee of the township authorized to enforce criminal ordinances or authorized to issue civil infractions.

(b) The penalties provided by the Michigan Vehicle Code are adopted by reference, provided, however, that the township may not enforce any provision of the Michigan Vehicle Code for which the maximum period of imprisonment is greater than 93 days.

(c) When any person is found guilty of a misdemeanor or responsible for a civil infraction pursuant to this section, the judge or magistrate shall summarily determine and tax the costs of the action which shall include all expenses, direct and indirect, to which the township has been put in connection with the violation or infraction up to the entry of judgment.

Sec. 54-4. Uniform Traffic Code Adopted.

The Uniform Traffic Code for Cities, Townships, and Villages as promulgated by the Director of the Michigan Department of State Police pursuant to the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328 and made effective October 30, 2002 is adopted by reference, as if fully set forth herein.

Sec. 54-5. References in code.

References in the Uniform Traffic Code to “governmental unit” or “municipality” shall mean the Charter Township of Georgetown, Ottawa County, Michigan.

Sec. 54-6. Enforcement; sanctions.

(a) The Uniform Traffic Code may be enforced by any police officer or other employee of the township authorized to enforce criminal ordinances or authorized to issue civil infractions.

(b) The penalties provided by the Uniform Traffic Code are adopted by reference, provided, however, that the township may not enforce any provision of the Uniform Traffic Code for which the maximum period of imprisonment is greater than 93 days.

(c) When any person is found guilty of a misdemeanor or responsible for a civil infraction pursuant to this section, the judge or magistrate shall summarily determine and tax the costs of the action which shall include all expenses, direct and indirect, to which the township has been put in connection with the violation or infraction up to the entry of judgment.

Section 2. Pending Proceedings. All proceedings pending and all rights and liabilities existing at the time this ordinance takes effect are saved and may be consummated or continued according to the law in force when they were commenced. No prosecution initiated prior to the effective date of this ordinance or initiated after the effective date of this ordinance for an offense committed prior to the effective date shall be affected by this ordinance.

Section 3. Publication. The Township Clerk shall publish a summary of this ordinance in the manner provided by law and shall at the same time publish a supplementary notice setting forth the purpose of the Michigan Vehicle Code and Uniform Traffic Code and the fact that a complete copy of the Michigan Vehicle Code and Uniform Traffic Code are available at the office of the Township Clerk for inspection by the public at all times.

Section 4. Effective Date. This ordinance shall take effect upon its publication as required by state law. (To be published after adoption and effective 30 days after publication.)

Note: The Township Attorney recommended that the Township adopt the MMVC

and UTC each year. The Township currently enforces the MMVC (which is readopted annually to include all revisions). With the new ordinance, this will continue; however, the Township will have the ability to enforce the recently amended version of the UTC (which previously largely duplicated the MMVC, but now has been amended such that only its unique supplemental provisions remain). The attorney said that the ordinance HAS to be readopted each year and it could not contain wording to include amendments each year without readopting it.

Summary of the Michigan Vehicle Code and Uniform Traffic Code

The Michigan Vehicle Code is an act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways and to provide penalties and sanctions for its violation.

The Uniform Traffic Code is an administrative rule promulgated by the Michigan Department of State Police to provide local law enforcement officers with the authority to locally enforce traffic laws; to provide for local traffic administration; to provide for the rights and duties of pedestrians; to regulate the operation of motorcycles, mopeds and toy vehicles; to provide for the rights and duties of drivers and others; to provide for the establishment and maintenance of traffic control devices; and to compel obedience to traffic regulations and provide sanctions for their violation.

10. Special Use Permit ((SUP0513) Orion Construction

Motion: To Special Use Permit (SUP0513) Orion Construction

(Integrated Architecture), 2020 Raybrook Ave., to have a restaurant under Sec. 13.3(B), on a parcel of land described as P.P. # 70-14-17-300-009, located at 7559 36^th Ave., in a (OS) Office Service District, Georgetown Township, Ottawa County, Michigan, because the proposed plan (does or does not) meet the applicable standards of the ordinance including the general standards in Sec. 20.3(A)

Note: The Planning Commission recommended denial because the proposed plan

does not meet the applicable general standards of the ordinance for a special use permit listed in Sec. 20.3(A), specifically standard number one because a restaurant is not compatible with the neighborhood, it is not harmonious and appropriate with the existing or intended character of the general vicinity, and it would change the essential character of the area in which it is proposed; and a restaurant does not meet standard number 4 of the general special use standards in Sec. 20.3(A) because a restaurant involves uses, activities, process, materials and equipment or conditions of operation that would be detrimental to persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.

Attachment: site plan (paper copy available in the Township office)

11. Appoint Mineral Mining Official

Motion: To the appointment of Mannette Minier as the Township

Mining Official and to the Mineral Mining Board with a term to expire 12/31/07 (to replace Dick Meyers)

Note: The ordinance states the following:

(d) Review board: A mineral mining review board (the "review board") is hereby created. The review board shall consist of the township engineer, two members of the township board appointed by the township board and two members of the township planning commission appointed by the township supervisor subject to confirmation by the township board and a mineral mining official. The terms of the members of the review board shall be three years but in no event longer than their respective term

12. Introduction and First Reading of Ordinance No. 2006-02 Fire Code Ordinance

Motion: To the introduction and first reading of Ordinance

No. 2006-02, Fire Code Ordinance, as follows:

ORDINANCE NO. 2006-02

Fire Code Ordinance

The Charter Township of Georgetown ordains that Chapter 34 of the Code of Ordinances is amended as follows:

Chapter 34 FIRE PREVENTION AND PROTECTION*

__________

ARTICLE II. FIRE DEPARTMENT

DIVISION 1. GENERALLY

Sec. 34-26. Purpose of article.

Pursuant to the authority granted the township board under Act No. 33 of the Public Acts of Michigan of 1951 (MCL 41.801 et seq.), as amended, the purpose of this article is to provide that the township board shall hereby establish the township fire department; to establish jurisdiction and authority of the township board over personnel selection; to establish authority to adopt rules and regulations for the conduct of personnel and maintenance of equipment; to employ and appoint a chief, firefighters and officers; and to prescribe the powers and duties of fire department volunteers and employees.

(Ord. No. 156, art. I, § 101, 2-11-91)

Sec. 34-27. Establishment; appointment of personnel; funding.

(a) There is hereby established the township fire department. The township board,

acting by resolution, shall appoint such persons who, based on experience, training, and qualifications, would, in its discretion, best perform the duties associated with providing fire protection to the citizens of the township.

(b) The township board shall approve an annual appropriation for the operation and

maintenance of the department and its equipment and, for that purpose, shall have the authority to use general funds, to initiate the creation of a special assessment district and levy assessments, sell bonds, establish user fees, or raise revenues in any other manner provided for under law for the operation and maintenance of the department; provide for payment of any debts incurred incidental to its continued operation; purchase necessary equipment; and/or construct public buildings for uses incidental to the maintenance and operation of a fire department. The township board shall establish rules and regulations for the operations of the department and the care of the equipment.

(Ord. No. 156, art. II, §§ 201, 202, 2-11-91)

Sec. 34-28. Public relations.

(a) The fire chief, or his designee, may release facts regarding fires or other

emergencies to the news media. All other personnel shall refer all media inquiries to the chief or the designee.

(b) Members of the public will be allowed in the fire station only when accompanied

by a member of the department.

(c) The public will always be treated courteously and professionally by all

department personnel.

(Ord. No. 156, art. VIII, §§ 801--803, 2-11-91)

Sec. 34-29. Fundraising.

All fundraising activities shall have the prior approval of the township board, and all revenues solicited in the name of the fire department shall be deposited with the township treasurer. Such funds will be disbursed by the township board.

(Ord. No. 156, art. XII, § 1201, 2-11-91)

Secs. 34-30--34-40. Reserved.

DIVISION 2. DUTIES OF THE CHIEF

Sec. 34-41. Accountable for efficient and effective operation of department.

The township board shall authorize the supervisor, subject to the approval of the board, to appoint a chief who shall be the chief administrative officer of the department. The chief shall be accountable to the township board for the efficient and effective operation of the department, and for the department's compliance with all state laws, township ordinances and policies. The chief shall serve at the pleasure of the board.

(Ord. No. 156, art. III, § 301, 2-11-91)

Sec. 34-42. Appointment of personnel.

The chief shall recommend, subject to township board approval, the appointment of an assistant chief, captains, lieutenants, engineers (drivers) and firefighters as may be deemed necessary.

(Ord. No. 156, art. III, § 302, 2-11-91)

Sec. 34-43. Development of administrative rules.

The chief shall develop written administrative rules to increase the efficiency and effectiveness of the department, including preplanning and postincident critiques, regulations, assignment and scheduling of personnel, and shall plan for the long-range needs of the department.

(Ord. No. 156, art. III, § 303, 2-11-91)

Sec. 34-44. Review; monthly report to township board.

The chief shall review all personnel and operating problems with and shall report monthly to the township board. A written report shall be filed annually with the township board.

(Ord. No. 156, art. III, § 304, 2-11-91)

Sec. 34-45. Notification of township authorities of major problems or issues.

As needed, the chief shall notify the township supervisor and fire committee of major problems or issues that require board action. When such problems must be resolved immediately and it is impractical or will endanger the health, safety or welfare of the township to wait until the next board meeting to resolve the issue, the township supervisor shall be empowered to resolve the issue or problem, subject to the subsequent approval of the board.

(Ord. No. 156, art. III, § 305, 2-11-91)

Sec. 34-46. Departmental information and training meetings.

The chief shall hold regular department informational and training meetings.

(Ord. No. 156, art. III, § 306, 2-11-91)

Sec. 34-47. Finances.

The chief may incur expenditures against the department budget as appropriated by the township board. The chief will monitor the unencumbered balances remaining in the department budget and shall make timely recommendations for budget amendments at such time as the need for such amendments become known. The department's expenditures shall not exceed the amounts appropriated. Capital outlay purchases shall conform to township policy regarding written quotes and competitive bidding.

(Ord. No. 156, art. III, § 307, 2-11-91)

Sec. 34-48. Additional responsibilities.

The chief shall also be responsible for the following:

(1) Supervising the extinguishment of all fires that endanger the health, safety

and welfare of the township.

(2) Enforcing township fire ordinances or fire prevention codes.

(3) Ensuring that all personnel are trained and qualified for the duties that they

are expected to fulfill.

(4) Ensuring that fire inspection and community fire prevention programs are

conducted.

(5) Ensuring that all equipment and buildings are properly maintained and in

good working order.

(6) Ensuring that all department personnel comply with departmental and

board rules, regulations and policies.

(7) Appointing training officers.

(Ord. No. 156, art. III, § 308, 2-11-91)

Secs. 34-49--34-60. Reserved.

DIVISION 3. PERSONNEL

Sec. 34-61. Officers.

(a) Chain of command. There shall be a chain of command established among the

department officers in descending order of rank, from the chief to the assistant chief, captains, lieutenants, engineers, to firefighters. Each rank shall obey the orders of their superior officers. Temporary officers may be appointed by the senior officer present at any emergency to ensure the continuity of the chain of command. Such temporary appointments shall terminate when the officer with the given responsibility becomes available.

(b) Job descriptions; responsibility of command officer. The chief shall establish a

job description for each rank. Each command officer shall be responsible that orders are carried out by subordinates.

(Ord. No. 156, art. IV, §§ 401, 402, 2-11-91)

Sec. 34-62. Firefighters.

(a) Qualifications. Applicants for vacant firefighter positions shall be of good

character, possess a good driving record, and shall be screened by a physician of the township board's choice and at township expense. The physician's examination shall determine if the applicant has any preexisting physical conditions that would preclude the applicant from performing the duties associated with firefighting.

(b) Probationary period. All firefighters shall serve an initial probationary period of

not less than six months. At the discretion of the chief, the probationary period may be extended. At the conclusion of the minimum probationary period, the chief may recommend that a probationary firefighter that has met all of the qualifications contained in the firefighter job description be given permanent firefighter status by the township board.

(c) Entitlements of probationary firefighter. A probationary firefighter shall be

entitled to all compensation and benefits, but shall be restricted to perform only those duties for which he has been specifically trained. A probationary firefighter shall not be issued department insignias or badges. Use of emergency signal devices on the private vehicle of a probationary firefighter shall be at the chief's discretion.

(Ord. No. 156, art. V, §§ 501--503, 2-11-91)

Sec. 34-63. Disciplinary procedures.

(a) In response to violations; documentation. Violations of any township ordinances,

board rules, department administrative regulations, or convictions of a felony shall subject any personnel involved to disciplinary proceedings. A violation shall be documented by the chief upon good cause shown, or when a violation occurs in his presence.

(b) Written reprimand; range of disciplinary action. The chief shall provide a copy of

the written reprimand to an alleged violator. The written reprimand shall state the rule that was allegedly violated, the nature of any disciplinary action taken, and the consequences of any further reoccurrences. Disciplinary action may range from a reprimand to a suspension, demotion or dismissal, or a combination of any of the above, depending on:

(1) Seriousness of the violation.

(2) Consequences to the safety of others by the violation.

(3) Potential harm to the department or the township.

(4) Prior record of the individual.

(5) The degree of wantonness, if any, of the act.

(c) Appeal to board. Any disciplinary action may be appealed to the township board,

who shall affirm, deny, or modify the disciplinary action taken by the chief. The township board may, on its own initiative, bring charges against any fire department personnel. Disciplinary action initiated by the township board shall follow the above procedures, except that the responsibilities assigned above to the chief shall be performed by the township board.

(d) Theft; cause for dismissal. In addition to such administrative rules that may be

promulgated by the chief, theft of township property or other property at the scene of an emergency shall be cause for dismissal.

(e) Response by firefighters while intoxicated. Firefighters shall not respond to

emergencies, meetings or training sessions while under the influence of alcohol or any controlled substances.

(Ord. No. 156, art. VI, §§ 601--605, 2-11-91)

Sec. 34-64. Compensation.

Compensation to firefighters shall be in such amounts as may be determined from time to time by the township board. The department shall keep accurate records that indicate the amount of compensable time served by all personnel. The time records shall be submitted quarterly to the fire chief. The chief shall approve the time records and submit to the clerk for payment.

(Ord. No. 156, art. VII, § 701, 2-11-91)

Secs. 34-65--34-75. Reserved.

DIVISION 4. OPERATIONS

Sec. 34-76. Emergency responses.

(a) When responding to emergencies, all personnel will drive emergency vehicles

with appropriate concern for the safety of the public and defensive driving. Use of emergency signals on vehicles shall be considered a request for the right-of-way from other drivers.

(b) Use of emergency signal equipment shall be permitted only when the department

has been officially dispatched to an emergency.

(Ord. No. 156, art. IX, §§ 901, 902, 2-11-91)

Sec. 34-77. Fire department equipment.

(a) Protective gear shall be worn when engaged in firefighting in any enclosed

structure, or outdoors when warranted.

(b) Lost or damaged equipment shall be reported as soon as possible to an officer.

Township property shall be disposed only with the prior approval of the township board. All department-issued equipment shall be returned to the chief by personnel leaving the department.

(c) No person shall willfully molest, take for his own private use, or damage in any

manner, any firefighting equipment or anything pertaining to the firefighting system, or drive any vehicle upon or against any hose or equipment of the fire department.

(Ord. No. 156, art. X, §§ 1001--1003, 2-11-91)

Sec. 34-78. Use of fire station.

(a) Only township-owned vehicles and equipment may be kept at the fire station.

Department equipment shall not be borrowed for private use.

(b) Private vehicles must be parked in designated areas only.

(c) Alcohol and controlled substances shall not be brought into the fire station.

(Ord. No. 156, art. XI, §§ 1101--1103, 2-11-91)

Effective Date. This ordinance shall become effective on the thirtieth day after publication after adoption. This ordinance was read for the first time on , published on , read for the second time and adopted by the Georgetown Charter Township Board on , published for the second time on , and effective thirty days from second publication which is .

Note: As recommended by the Finance Committee

13. Adhoc Committee Resolution for Clerk’s Office

Motion: To the following resolution:

WHEREAS, the responsibilities of the Georgetown Township Clerk are mandated by state law and statutory duties include (but are not limited to) the following:

• vote on all issues that come before the Township Board;
• maintain custody of all township records (MCL 41.65);
• maintain general ledger (MCL 41.65);
• prepare warrants for township checks (MCL 41.65);
• record and maintain township meeting minutes (MCL 41.66);
• keep the township book of oaths (MCL 41.65);
• publishes board meeting minutes (MCL 42.8);
• keep voter registration file and conduct elections (MCL 42.4);
• keep township ordinance book (MCL 41.185);
• prepare financial statements (MCL 41.65);
• deliver tax certificates to supervisor and county clerk by September 30 (MCL 211.36);
• appoint a deputy (MCL 41.69);
• post a surety bond (MCL 41.69);
• post and/or publish regular and special meeting notices (MCL 41.72a & MCL 15.265);

WHEREAS, the responsibilities of the Georgetown Township Clerk are numerous, complex and require compliance with state laws and Township ordinances,

WHEREAS, the Georgetown Township Clerk retains the responsibilities as established by statute and Township ordinances and acknowledges that many of the services relating to day-to-day functions would be best served by appointed personnel,

NOW THEREFORE, BE IT HEREBY RESOLVED, that the Georgetown Township Board determines that the functions relating to the Clerk’s responsibilities to be delegated to appointed personnel, and that the Clerk’s position is to become part-time for benefit purposes and establishes the annual salary at $10,000, effective November 20, 2008, or earlier if at such time the Clerk agrees in writing with such changes.

FURTHER, due to the numerous and complex duties associated with the Clerk’s responsibilities, the Georgetown Township Board determines that the Board will authorize the hiring of personnel as needed and/or delegating to personnel the performance of the day-to-day administrative tasks and functions pertaining to duties of the Township Clerk.

Note: As recommended by the Adhoc Committee for Future Planning

14. Public Comment (maximum 3 minutes per person)

15. Board Open Discussion

16. Announcement of any scheduled meeting of interest to board members

17. Reports from Standing Committees

Finance Committee meeting minutes of January 6, 2006

Services Committee meeting minutes of December 19, 2005

18. Meeting adjourned at p.m.