MINUTES
OF THE REGULAR MEETING OF THE GEORGETOWN
CHARTER TOWNSHIP BOARD HELD JANUARY 8, 2007, 7:30 p.m.
The
meeting was called to order at
Prayer
for guidance by Richard VanderKlok
Pledge
of Allegiance to the Flag
Roll
Call
Present:
Absent: none
#070108-01 - Public Comments
No one was present to make comments at this time.
#070108-02 - Approval of
agenda as presented
for January 8, 2007
Moved by
MOTION CARRIED.
#070108-03 - Communications,
letters and reports: Received for information, to be filed:
A. DPW Report for December
2006
B. Code Enforcement Officer’s December
2006 Monthly Report
C. General Ledger Report December
2006
D. Sheriff Department Report
for November
2006
F. 2006
Permits
G. Senior
Center Monthly Activity Report for December 2006
H.
Library
Report for November 2006
#070108-04 - Consent agenda
Moved
by Richard VanderKlok, seconded by Daniel Carlton, to approve the consent
agenda as presented.
a. Approval of minutes
of the regular board meeting held on December 11, 2006
b. Approval
of the regular Monthly
Bills and 2nd Monthly
Bills
c. Approval
of Property Tax Collection Agreement
with Jenison Public Schools,
Property Tax Collection Agreement
with Hudsonville Public Schools and Property Tax Collection Agreement
with Grandville Public Schools (Note:
The Finance Committee recommended approval)
d.
Approval to re-roof the Museum (Note: The Finance Committee recommended
approval)
MOTION CARRIED.
#070108-05 - Public Hearing and Approval of an application
for IFEC (ACT 198), for
Schrier Plastics Corporation
Moved
by Richard VanderKlok, seconded by Dale Mohr, to open the public hearing.
MOTION
CARRIED.
No
one was present to make comments on this item.
Moved
by Dale Mohr, seconded by Daniel Carlton, to close the public hearing.
MOTION
CARRIED.
Moved
by Marvin VanSomeren, seconded by Richard VanderKlok, to approve the following
resolution:
“HEARING FOR APPLICATION FOR
I.F.E.C.
(ACT 198) FOR SCHRIER
PLASTICS CORPORATION”
Whereas, Act 198 of the Michigan
Public Acts of 1974, as amended, authorized the Township to approve application
for industrial facilities exemption certificate; and
Whereas, pursuant to Act 198, and
after a duly noticed public hearing held on May 28, 1996, this township
established the “Corporate Center Industrial District,” for the property listed
below:
P.P.#
70-14-22-351-001, Schrier Plastics Corp., Lot 59 of Georgetown Industrial
Center No. 6, Sec. 22, Town 6, North Range 13, West Liber 35 of Deeds. (2019
Pine Ridge Dr., Jenison, MI, Georgetown Township)
Whereas, Schrier Plastics
Corporation, hereinafter referred to as “applicant”, has filed an application
for an industrial facilities exemption certificate under the provisions of Act
198 and this township set January 8, 2007, at 7:30 PM or after, local time, as
the time to give the Township Assessor and a representative of each affected
taxing unit an opportunity to be heard regarding said application as amended;
and
Whereas, written notification of
this hearing has been given to the Township Assessor and to the legislative
body of each taxing unit which levies ad valorem taxes within the township; and
Whereas, the Township Assessor and a
representative of the affected taxing units have been given an opportunity to
be heard with regard to the approval of an industrial facility exemption
certificate for the applicant; and
Whereas, there were no objections to
the approval of the industrial facilities exemption certificate at the meeting
held on January 8, 2007,
NOW THEREFORE, BE IT HEREBY
RESOLVED, by the Township Board of Georgetown Charter Township as follows:
1. That
this Township Board finds:
a) The proposed facility is
located within an industrial development district which was duly established in
Georgetown Township upon request or on the Township’s own initiative, taken
before commencement of the restoration, replacement, or construction of the
facility.
b) That completion of the
facility shall not have the effect of transferring employment from another
community within the State of Michigan to Georgetown Charter Township.
c) That the aggregate State
Equalized Value of real and personal property exempt from ad valorem taxes
under Act 198 does not exceed 5% of the total State Equalized Value of the township
plus the State Equalized Value of real and personal property thus exempted.
d) That the granting of
industrial facilities exemption certificate, considered together with the
aggregate amount of industrial facilities exemption certificates previously granted
and currently in force, shall not have the affect of substantially impeding the
operation of the township of impairing the financial soundness of a taxing unit
which levied an ad valorem property tax in the township.
2.
That the application of the applicant for an industrial facilities
exemption certificate with regard to facilities set forth in the application to
be constructed in the district be and is hereby approved for a period of twelve
(12) years.
Yeas:
Marvin VanSomeren
Nays: none
Absent:
none
Note: All notices were sent and advertisements were published
MOTION
CARRIED.
#070108-06 - Second Reading
and Adoption of Ordinance No. 2007-01, Michigan Motor Vehicle
Code and
Uniform Traffic Code
Moved by Daniel Carlton, seconded by Richard
VanderKlok, to approve reading for the second time and adopting Ordinance No.
2007-01, Michigan Motor Vehicle Code and Uniform Traffic Code, 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.
Note: The
Finance Committee recommended approval (at the 12/7/06 meeting)
Yeas:
Nays: none
Absent: none
MOTION CARRIED.
#070108-07 - Bids for Publishing Legal Notices
Moved
by
Note: The
Services Committee recommended approval
Other
bid includes Grand Rapids Press for $20.40 per column inch for the daily paper,
$21.60 per column inch for the Saturday paper, $26.90 per column inch for the
Sunday paper (the GR Press does NOT provide zoned advertising options any more)
MOTION
CARRIED.
#070108-08 - Request to Extend Plat Approval Time for
Alward Estates West
Moved by Dale Mohr, seconded by Richard VanderKlok, to
approve the request to extend approval time for Alward Estates West for
final preliminary plat approval for one more year, which is until January 26,
2008 (which means that the final plat would have to be submitted to the
Township for approval no later than January 26, 2008). This is the second extension.
Note: The Township
Board initially granted tentative preliminary plat approval of Alward
Estates West phase 1 and 2 on January 27, 2003 with
motion #030127-06. At the
January 26, 2004 meeting the Board extended the preliminary approval for phase two for one year, but phase two approval has subsequently expired since the developers had until
January 26, 2005 to submit the plan for final preliminary approval and the
final preliminary approval has not been requested nor have any extensions for
phase 2 been requested. At the January 26,
2004 meeting, the Board granted final
preliminary plat approval for phase
one. (Note that the OVERALL plan has
been tabled and no revision for the overall plan has ever been submitted.) At the December 12, 2005 meeting, the Board
granted an extension for one year for the final preliminary plat approval,
until January 26, 2007, with motion #051212-10. Therefore,
the final plat was to have been submitted by January 26, 2007. However, the developer is not ready yet and
has asked for another year extension to submit the final plat.
Yeas: Daniel
Carlton,
Marvin
VanSomeren
Nays:
Absent: none
MOTION CARRIED.
#070108-09 - Accept Bid to Purchase 2007 Truck
Moved
by Dale Mohr, seconded by Richard VanderKlok, to approve the low bid of
$16,787.15 from Borgman Ford/Mazda to purchase a 2007 pickup truck (with a
trade-in of DPW 2001 pickup truck for $6,500 or the truck could be sold for
more than the trade-in price)
Note: The
Finance Committee recommended approval
MOTION CARRIED.
#070108-10 - Installation of Dry Sewer for Crosswinds
Plat
Moved
by
Note: The
Water/Sewer Committee recommended approval
MOTION CARRIED.
#070108-11 - Drain Clean Out Request for the
Lowing-Comstock Drain
Moved
by Dale Mohr, seconded by Richard VanderKlok, to approve the Township
participation with Ottawa County by paying half the estimated
cost of $3,400 (Township portion is $1,700) to clean out the Lowing Comstock Drain
South of Fillmore by Cedar Lake Drive
Note: The
Water/Sewer Committee recommended approval
The
Supervisor stated that Paul Geerlings, Ottawa County Drain Commissioner,
related that the problem was not caused by muck from the neighboring farmers, but
rather from years of accumulation from the development of plats in the
area. Therefore, there was no other
party that could be charged the other half of the cost, as was initially
thought because the farmers would have had to pay half if they had caused the
problem. The County would not pay half,
but rather would let the issue go unresolved if the Township did not pay the
cost.
Moved
by Daniel Carlton, seconded by Dale Mohr, to amend the motion to include the
whole amount based on the normal formula.
AMENDMENT
CARRIED.
MOTION AS AMENDED CARRIED.
#070108-12 – Public Comment
No
one was present at this time to make comments.
#070108-13 – Board Open Discussion
Daniel
Carlton presented a report with the Pro
Shop Summary, noting that it is losing money. He said that the goal was to have it break
even and strategies would be discussed about ways to achieve that goal.
Daniel
Carlton presented a report
about the brush and leaf pickup with a five year summary.
Daniel
Carlton presented a report about the e-coli contamination of the lake at
Maplewood Park. The contamination was
the reason for the closing of the park for swimming for most of the time during
the past summers. He stated that the
Township was working in conjunction with the Health Department to identify the
source of the contamination. He said
that due to the higher level of e-coli presence up the stream, the
determination was made that the contamination was not coming from the farming
operation. He said that the source of
the e-coli contamination has been tentatively identified as coming from the
deterioration of the septic systems at the residential home sites to the north
and west of Maplewood Lake. He said that
swimming at the park should be discontinued until the septic systems were
fixed.
#070108-14 – Add an Item to the Agenda
Moved
by Daniel Carlton, seconded by Marvin VanSomeren, to approve adding the item of
the pump repairs to the agenda.
MOTION
CARRIED.
#070108-15 – Repair Pump at Georgetown 1
Moved
by Dale Mohr, seconded by Daniel Carlton, to approve accepting the bid of
$7,250 from Northwest Kent Mechanical Company to repair the pump at Georgetown
1.
MOTION
CARRIED.
#070108-16 – Board Open Discussion Resumed
Dale
Mohr stated that there should be time limits for bids.
#070108-17 - Announcement of any scheduled meeting of
interest to board members
#070108-18 - Reports from Standing Committees
Water/Sewer committee minutes
of January 4, 2007
Finance
Committee meeting minutes of January 5, 2007
Services
Committee meeting minutes
of December 18, 2006
#070108-19 - Meeting adjourned at 8:05 p.m.
William Holland, Supervisor