MINUTES
OF THE REGULAR MEETING OF THE GEORGETOWN
CHARTER TOWNSHIP BOARD HELD JANUARY 9, 2006, 7:30 p.m.
The
meeting was called to order at
Prayer
for guidance by Daniel Carlton
Pledge
of Allegiance to the Flag
Roll
Call
Present:
Dale Mohr, Stanley Sterk
Absent: none
#060109-01 - Public Comments
Eric Fles, 7566 Russell Ct., commented on the
proposed restaurant at the corner of Baldwin and 36th Ave. He said that he objected to the high intense
use of a restaurant that would generate high traffic in the low intense
district of OS.
Mike Ford, 7550 Russell Ct., said that he opposed the
restaurant because there would be deliveries, dumpsters being emptied, and
trash created.
Brian Newenhouse, 7560 Russell Ct., asked the Board
to consider their children because the restaurant would be too close to their
house.
Michelle Burns, 7569 Russell Ct., was concerned with
students and kids hanging out and loitering at a restaurant.
#060109-02 - Approval of
agenda as
presented for January 9, 2006
Moved by
MOTION CARRIED.
#060109-03 - 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
#060109-04 - Consent agenda
Moved
by
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
MOTION
CARRIED.
#060109-05 - Second Reading and Adoption of Ordinance
No. 2006-01 Michigan Motor
Vehicle Code
and Uniform Traffic Code Ordinance
Moved
by Daniel Carlton, seconded by
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.
Yeas:
Dale Mohr
Nays: none
MOTION
CARRIED.
#060109-06 - Special Use Permit ((SUP0513) Orion Construction
Moved by
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.
MOTION
CARRIED.
#060109-07 - Appoint Mineral
Mining Official
Moved by
MOTION CARRIED.
#060109-08 - Introduction and First Reading of
Ordinance No. 2006-02 Fire Code Ordinance
Moved
by
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)
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)
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
It
was noted that the change was proposed because this is a duplication and the
duties and issues are covered in the SOPs, job descriptions and in the Policy
Manual.
MOTION CARRIED.
#060109-09 - Adhoc Committee
Resolution for Clerk’s Office
Moved by Richard VanderKlok, seconded by Daniel
Carlton, to approve 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:
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
MOTION CARRIED.
The
Supervisor thanked the committee and stated that the committee was dissolved
since it had fulfilled the objective.
#060109-10 - Public Comment
Michael
Hastings, Erie Construction Co., commented on his company soliciting without
Township permits.
#060109-11 - Board Open Discussion
There
was no open board discussion.
#060109-12 - Announcement of any scheduled meeting of
interest to board members
#060109-13 - Reports from Standing Committees
Finance
Committee meeting minutes of January 6, 2006
Services
Committee meeting minutes of December 19, 2005
#060109-14 - Meeting adjourned at 7:53 p.m.
William Holland, Supervisor