MINUTES OF THE REGULAR MEETING OF THE GEORGETOWN CHARTER TOWNSHIP BOARD HELD SEPTEMBER 25, 2006, 7:30 p.m.

 

The meeting was called to order at 7:30 p.m. by Chairperson Bill Holland.

 

Prayer for guidance by Richard VanderKlok

 

Pledge of Allegiance to the Flag

 

Roll Call

Present:            Bill Holland, Daniel Carlton, Del South, Dale Mohr, Stanley Sterk, Richard

VanderKlok

Absent: R. J. Poel

 

#060925-01 - Public Comments

 

Kyle Bradell, 6629 Knollview, asked about the Clerk’s position.

 

#060925-02 - Approval of agenda as presented for September 25, 2006

 

Moved by Richard VanderKlok, seconded by Del South, to approve the agenda as presented.

 

Moved by Daniel Carlton, seconded by Stanley Sterk, to approve amending the motion for the addition of two Industrial Facilities Exemptions.

 

MOTION CARRIED.

 

MOTION CARRIED.

 

#060925-03 - Communications, letters and reports: Received for information, to be filed:

 

A.           Planning Commission agenda for October 4, 2006

B.           Planning Commission meeting minutes for September 20, 2006

C.           Library Report for August 2006

D.           Zoning Board of Appeals minutes for September 13, 2005

E.            Letter from Therese A. Rich, 7454 Russell Dr., Hudsonville, re: computer usage

F.            Letter from the Supervisor re: Grandville Waste Treatment Plant expansion.

 

#060925-04 - Consent agenda

 

Moved by Richard VanderKlok, seconded by Del South, to approve the consent agenda as presented.

a.         Approval of minutes of the regular board meeting held on September 11, 2006

b.         Approval of Monthly Bills

c.         Approval of Summerset West’s Request for Release and Termination of Deed

Restriction for additional sewer connection charge.  Note: the Water/Sewer Committee recommends approval.

d.                  Denial of Summerset West’s Payback Agreement Request because of the following reasons: 1. water main; 2. the adjacent properties are served; 3. sewer main; and 4. the developer is not bringing the sewer main to south boundary.  Note: the Water/Sewer Committee recommends denial.

e.                   Approval of Request from Summerset West for Payment for Over-sizing water main for up to $11,948 for over-sizing water main from 8” to 12.”  Note: the Water/Sewer Committee recommends approval

 

MOTION CARRIED.

 

#060925-05 - Accept Resignation of Clerk

 

Moved by Daniel Carlton, seconded by Richard VanderKlok, to approve accepting the resignation of R. J. Poel as Clerk of Georgetown Township, as stated in his letter

 

            Note:                The Finance Committee recommends approval

 

            MOTION CARRIED.

 

#060925-06 - Crosswinds Plat Request to Install Dry Sewer

 

Moved by Stanley Sterk, seconded by Daniel Carlton, to deny the request from Crosswinds Plat developers to install public dry sanitary sewer at this time for the Crosswinds Plat (near the southeast corner of Baldwin and 48th Ave.) for the following reasons:

1.                  The locations and elevation of a future required lift station are not yet determined.  The location and depth of the lift station will determine the length and depth of sewer main to get to the site.  Building dry sewer at this time will eliminate potential options for the best place to build the lift station;

2.                  Unknown elevations of sewer mains between the development and the lift station and any future extensions beyond the development;

3.                  Unknown elevations of sewer laterals required in the area between the development and the future lift station.  The depths that will be needed to serve these customers are not known at this time.

 

Note:                The Water/Sewer Committee recommends denial

 

            MOTION CARRIED.

 

#060925-07 - Installation of Sidewalk on 36th Ave.

 

Moved by Daniel Carlton, seconded by Richard VanderKlok, to approve ordering the installation of sidewalks at 7180 36th Ave. to reasonably protect the health, safety and welfare of Township residents to provide a continuous sidewalk, with authority given under Sec. 10-216 of the Georgetown Township Code of Ordinances.

 

Note:                The Water/Sewer Committee recommends approval

 

            MOTION CARRIED.

 

#060925-08 - Sidewalk Installation Standards

 

Moved by Daniel Carlton, seconded by Richard VanderKlok, to approve the following Sidewalk Installation Standards:

 

Sidewalk Specifications

 

Since the sidewalk ordinance states that specifications shall be on file in the Township Office, the following sidewalk specifications are adopted and are to be on file:

 

  • The sidewalk specifications adopted, used and enforced by the Ottawa County Road Commission;
  • At all intersections, sidewalks shall be installed as a “T” with connections to the intersected roads where permitted by the Ottawa County Road Commission;
  • Where the road right-of-way changes, the last property owner to install sidewalks shall be the one responsible to merge with the existing sidewalk;
  • Developers of plats shall be responsible to set the lot stakes at the elevation required for the sidewalks according to specifications and such stakes shall be visible.

 

Note:                The Water/Sewer Committee recommends approval

 

            MOTION CARRIED.

 

#060925-09 - Zoning Ordinance Amendments-Sec. 29.6, Sec. 28.8, Sec. 28.2, Sec. 13.3(H),

Chapter 20

 

Moved by Daniel Carlton, seconded by Richard VanderKlok, to approve the Zoning Ordinance amendments as follows for Sec. 29.6, Sec. 28.8, Sec. 28.2, Sec. 13.3(H) and Chapter 20:

Sec. 29.6       ORDINANCE AMENDMENTS.

The Township Board is authorized and empowered to cause this Ordinance to be amended, supplemented or changed. Proposals for amendments may be initiated by the Township Board, the Planning Commission or by petition of one or more owners of property in Georgetown Township affected by such proposed amendment. The procedure for amending this Ordinance shall be as follows:

(A)       Each petition shall be submitted to the Zoning Administrator, accompanied by a fee as established by the Township Board, and then referred to the Township Clerk to set a hearing date and publish notices.  The petitioner shall attend a pre-application meeting with the zoning administrator prior to submission of the application in accordance with the established Township policy.

(B)       The Planning Commission shall conduct a public hearing, the notice of which shall be given by two (2) publications in a newspaper of general local circulation, the first not more than thirty (30) nor less than twenty (20) days and the second not more than eight (8) days prior to the date of said hearing. in accordance with the statutory require­ments of the State of Michigan.

(C)       If the property involved borders another local government, the Clerk of said municipality is also to be given notice of the public hearing and said municipality to be given an opportunity to comment on any coordinated action or review deemed necessary.

(D)       Notice of the public hearing shall be mailed to property owners, as reflected on the tax rolls, of property which lies within three hundred (300) feet of the affected property.

(E)       If the affected property is within five hundred (500) feet of a Municipal boundary, the Planning Commission, following the public hearing, shall transmit its recommendation to the Ottawa County Planning Commission which shall review and comment upon the request within thirty (30) days of its receipt. Following such review period, if applicable, the Township Board shall deny, approve, or approve with conditions such amendment.

(F)(C)  The Township Board may hold additional hearings if it considers it necessary. Notice of such hearing shall be published not more than fifteen (15) days nor less than five (5) days before the hearing. in accordance with the statutory require­ments of the State of Michigan.

(G)(D)  No petition for rezoning or Special Land Use , which has been disapproved , shall be resubmitted for a period of one (1) year from the date of disapproval, except as may be permitted after learning of new and significant facts or conditions which might result in favorable action upon resubmittal.

Sec. 28.8       HEARINGS.

When a notice of appeal has been filed in proper form with the Board of Appeals, the Secretary shall immediately place said request for appeal upon the calendar for hearing, and shall cause notices stating the time, place and object of the hearing to be served personally or by mail addressed to the parties making the request for appeal, at least five (5) days prior to the date of the scheduled hearing. All notices shall be sent to the addresses given in the last assessment roll. notice of such hearing shall be in accordance with the statutory require­ments of the State of Michigan.  The Board may recess such hearings from time to time, and, if the time and place of the continued hearing be publicly announced at the time of adjournment, no further notice shall be required.

Sec. 28.2       MEMBERSHIP - TERMS OF OFFICE - ALTERNATE MEMBERS.

(A)       The Township Board of Appeals shall consist of five (5) members. The first member of such Board of Appeals shall be a member of the Township Planning Commission; the second member may be a member of the Township Board; the additional three (3) members or four (4) if no member is a member of the Board shall be selected from the electors residing in the Township.  All members shall be appointed by the Township Board.  None of the additional three (3) members or four (4) if no member is a member of the Board shall be elected officers of the Township or employees of the Township Board; Members shall be appointed for three (3) year terms, except the Planning Commission and Township Board representatives who shall only serve while holding membership on those respective bodies. (revised Nov. 24, 2003)

(B)       Members of the Board of Appeals shall be removable by the Township Board for nonperformance of duty or misconduct in office upon written charges and after public hearing. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest.  Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest shall constitute misconduct in office.

Sec. 13.3       USES REQUIRING SPECIAL LAND USE APPROVAL.  (OS district)

(H)       Day care centers.

Chapter 20 - SITE DESIGN STANDARDS FOR SPECIAL LAND USES

 

            Note:                The Planning Commission recommended approval. 

The Planning Commission initiated the ordinance amendments for the following reasons:

 

A.                 Sec. 29.6, Sec. 28.8, and Sec. 28.2 – to bring the Zoning Ordinance in compliance with the new 2006 Zoning Enabling Act.

B.                 Sec. 13.3(H) – to allow the use of a daycare in the OS district with a special use permit.

C.                 Chapter 20 – to clarify the title of the title of the Special Use Chapter

 

MOTION CARRIED.

 

#060925-10 - New Rates for Senior Transportation.

 

Moved by Dale Mohr, seconded by Richard VanderKlok, to approve the new rates for Senior travel, to increase $.25 instead of $.50 as requested by the Senior Center Director as follows:

New rate to Meijer- $1.75 one way (current $1.50), $3.50 round trip,

New rate to the Senior Center-$1.50 (current $1.25), Round Trip $3.00

 

Note:                The Services Committee recommends approval

 

            MOTION CARRIED.

 

#060925-11 - Request for Warning Sirens

 

Moved by Del South, seconded by Richard VanderKlok, to approve the purchase of four Warning Sirens for a cost of $78,000.00 from West Shore Services Inc., as requested by the Fire Department.  The Township’s share of the cost is 25% of $78,000 (which is $19,500) and FEMA will reimburse the Township $58,500.

                        

Note:                The Services Committee recommends approval

 

            MOTION CARRIED.

 

#060925-12 - Receive Application for Industrial Facilities Exemption Certificate Application

 (Act 198) from Nu-Wool Co., Inc.  2472 Port Sheldon St., Jenison

 

Moved by Daniel Carlton, seconded by Richard VanderKlok, to approve the following resolution:

 

“RECEIVING NUWOOL, INC.

 CERTIFICATE APPLICATION (ACT 198)”

 

            Whereas, NuWool, Inc., has submitted an application for an Industrial Facilities Exemption Certificate; and

 

            Whereas, the Township Board of Georgetown Township must approve or disapprove said application in accordance to Act 198 of 1974; and

 

            Whereas, section 5 of Act 198 of 1974 requires the hearing of opinion form the applicant, the assessor and the affected taxing units.

 

            BE IT RESOLVED, that a public hearing be held Monday, October 23, 2006 to hear public opinion concerning the application for NuWool, located at 2472 Port Sheldon Street in Georgetown Township, Ottawa County.

 

Yeas:    Bill Holland, Daniel Carlton, Del South, Stanley Sterk, Dale Mohr, Richard VanderKlok

Nays:   none

Absent: none (R. J. Poel’s resignation accepted)

 

            MOTION CARRIED.

 

#060925-13 - Receive Application for Industrial Facilities Exemption Certificate Application

 (Act 198) from Cellulose Material Solutions, Inc.  2472 Port Sheldon St., Jenison

 

Moved by Daniel Carlton, seconded by Dale Mohr, to approve the following resolution:

 

“RECEIVING CELLULOSE MATERIAL SOLUTIONS, INC.

 CERTIFICATE APPLICATION (ACT 198)”

 

            Whereas, Cellulose Materials Solutions, Inc., has submitted an application for an Industrial Facilities Exemption Certificate; and

 

            Whereas, the Township Board of Georgetown Township must approve or disapprove said application in accordance to Act 198 of 1974; and

 

            Whereas, section 5 of Act 198 of 1974 requires the hearing of opinion form the applicant, the assessor and the affected taxing units.

 

            BE IT RESOLVED, that a public hearing be held Monday, October 23, 2006 to hear public opinion concerning the application for Cellulose Materials Solutions, LLC, located at 2472 Port Sheldon Street in Georgetown Township, Ottawa County.

 

Yeas:    Bill Holland, Daniel Carlton, Del South, Stanley Sterk, Dale Mohr, Richard VanderKlok

Nays:   none

Absent: none (R. J. Poel’s resignation accepted)

 

            MOTION CARRIED.

 

#060925-14 – Public Comment

 

No one was present to make public comments.

 

#060925-15 – Board Open Discussion

 

Daniel Carlton stated that it was important to fill the vacancy for position of Clerk for Georgetown Township as soon as possible since the election was only six weeks away and signatures were needed for bills and election duties.  He recommended that the Board make an appointment at this meeting and he recommended that Del South be appointed to fill the term of Clerk.  He said that Del South is an elected official who is qualified and would like to have part time duties.  He said that if there is a delay, there could be problems with authorizations for bills and the election duties.

 

#060925-16 – Place Additional Item on the Agenda

 

Moved by Daniel Carlton, seconded by Richard VanderKlok, to place the item on the agenda to appoint a Clerk.

 

MOTION CARRIED.

 

#060925-17 – Appointment to Fill the Vacancy of the Clerk’s Term

 

Daniel Carlton stated that if Del South was appointed as Clerk, he would have to resign as trustee and there could be an application process to appoint someone to fill the vacancy of trustee.

 

Moved by Daniel Carlton, seconded by Richard VanderKlok, to appoint Del South as Clerk for Georgetown Charter Township to finish the vacated term.

 

Bill Holland read a letter submitted by Del South and said that he would resign as trustee if appointed to the vacated Clerk’s position.

 

Dale Mohr stated that he was not comfortable with making the appointment tonight and said that he wanted to do due diligence.  He said that it was no reference to Del South and that they had 45 days.  He said that it was an ethics issue.

 

Daniel Carlton said that the Township did not choose the timetable.  He said that the deputy serves the Clerk and if there is no Clerk, there is no deputy.  He said that nothing could be signed for the Township.

 

Richard VanderKlok said that he was in favor of appointing Del South as Clerk immediately.  He said that he has known Del for a long time and worked well with him.  He said that Del is very qualified and, given the circumstances as outlined, this is the best way to handle it.  He said that taking this action would inspire confidence in the Board.  He said that he fails to see this as an ethics issue and that what they were doing was ethical.  He said that the Board was trying to do what needed to be done for the election.

 

Del South said that if there was a choice, he would choose to go through the process; however, he understands the Township’s position and agrees with the reasons.  He said that he has nine years of experience working with the Township and he knows the people and the process.  He said that he would not be a part of the vote.

 

Moved by Dale Mohr, seconded by Daniel Carlton, to grant permission for Del South to abstain from the vote.

 

CARRIED.

 

For the initial motion:

Yes:     Bill Holland, Daniel Carlton, Stanley Sterk, Richard VanderKlok

Nays:   Dale Mohr

Abstained: Del South

 

MOTION CARRIED.

 

#060925-18 – Accept the Resignation of Trustee

 

Moved by Daniel Carlton, seconded by Richard VanderKlok, to accept the resignation of Del South as Georgetown Township Trustee and to accept resumes for the vacated position of trustee until October 9, 2006 and to make the decision of an appointee at the Township Board meeting on October 23, 2006.

 

MOTION CARRIED.

 

It was noted that a member needed to be appointed to the Election Committee.

 

#060925-19 – Appointment to Election Committee

 

Moved by Daniel Carlton, seconded by Richard VanderKlok, to approve the appointment of Dale Mohr to the Election Committee.

 

MOTION CARRIED.

 

#060925-20 – New Clerk Oath of Office

 

Bill Holland administered the Oath of Office to Del South as Clerk of Georgetown Township.

 

#060925-21 - Announcement of any scheduled meeting of interest to board members

 

Dale Mohr stated that he had attended the MTA district meeting and detailed the proposals.

 

#060925-22 - Reports from Standing Committees

 

            Water/Sewer committee minutes of September 11, 2006

 

Services Committee meeting minutes of September 18, 2006

 

            Finance Committee meeting minutes of September 21, 2006

 

#060925-23 - Meeting adjourned at 8:00 p.m.

 

 

                                               

William Holland, Supervisor

 

                                               

Del South, Clerk