MINUTES OF THE REGULAR MEETING OF THE GEORGETOWN CHARTER TOWNSHIP BOARD HELD MARCH 26, 2007, 7:30 p.m.

The meeting was called to order at 7:30 p.m.

Prayer for guidance by Daniel Carlton

Pledge of Allegiance to the Flag

Roll Call

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

Richard VanderKlok

Absent: none

#070326-01 - Public Comments

No one was present to make public comments.

#070326-02 - Approval of agenda as presented for March 26, 2007

Moved by Del South, seconded by Marvin VanSomeren, to add two items to the agenda, one for fertilizing for the Fire Stations and one for the Senior Center computers.

MOTION CARRIED.

Moved by Marvin VanSomeren, seconded by Dale Mohr, to approve the agenda as amended.

MOTION CARRIED.

#070326-03 - Communications, letters and reports: Received for information, to be filed:

A. DPW Report for February 2007

B. DPW Annual Report for 2007

C. Code Enforcement Officer’s February 2007 Monthly Report

D. General Ledger Report February 2007

E. Senior Center Monthly Activity Report for February 2007

F. Fire Department Report for February 2007

G. Report with update on Baldwin St. construction

H. Zoning Board of Appeals minutes of February 28, 2007

I. Annual Financial Report for 2007

J. Sheriff Department Report for February 2007

K. As per the letter from Daniel Krueger, Ottawa County Clerk, applications for Absent Voter Ballots must be sent to all registered voters 60 and over. Note that the letter states: “Thus, you are directed to send out applications for absentee ballots to anyone whose name appears on your permanent absentee voter list, including those 60 and over unless the voter has specifically requested not to be included.”

L. Library Report for December 2006

M. Planning Commission minutes for March 21, 2007

N. Jenison Historical Society March 2007 Report

O. Mineral Mining Board agenda for April 11, 2007

P. Fire Department 2006 Annual Report

Q. Library Report for January 2007

R. The Planning Commission tabled the Zoning Ordinance amendments to Sections 6.3(Z), 20.1(AJ), 20.4(AJ) (language addition for outdoor furnaces) and Sections 6.3(AA), 20.1(AK), 20.4(AK) (language addition for exotic animals)

#070326-04 - Consent agenda

Moved by Del South, seconded by Daniel Carlton, to approve the consent agenda as presented.

a. Approval of minutes of the regular board meeting held on February 26, 2007

b. Approval of the regular Monthly Bills and utility bills and Monthly Bills

MOTION CARRIED.

#070326-05 - Ordinance Amendments-Sections 20.4(Z) (language addition to clarify vehicle sales)

Moved by Richard VanderKlok, seconded by Del South, to approve the following Zoning Ordinance amendment to clarify that the use of an open air business is permitted only in the CS and HS districts with special use approval.

Sec. 20.4(Z) Open air businesses.

The use of an open air business is expressly prohibited in all zoning districts except (CS) Community Service Commercial district and (HS) Highway Service Commercial district. In the CS and HS districts, the use is allowed with special land use approval which is contingent upon compliance with the following standards.

Note: The Planning Commission recommended approval for Sec. 20.4(Z) and

tabled Sections 6.3(Z), 20.1(AJ), 20.4(AJ) (language addition for outdoor furnaces) and Sections 6.3(AA), 20.1(AK), 20.4(AK) (language addition for exotic animals)

Yeas: Bill Holland, Daniel Carlton, Del South, Richard VanderKlok, Marvin VanSomeren,

Stanley Sterk, Dale Mohr

Nays: none

MOTION CARRIED.

#070326-06 - Introduction and First Reading of Ordinance No. 2007-02, Solicitor and Transient

Merchant Ordinance

Moved by Richard VanderKlok, seconded by Marvin VanSomeren, to approve the introduction and first reading of Ordinance No. 2007-02, Solicitor and Transient Merchant Ordinance, as follows:

ORDINANCE NO. 2007-02

Solicitor and Transient Merchant Ordinance

An ordinance that regulates solicitation and transient merchants to protect and safeguard the health, safety and general welfare of the people of the Township.

The Charter Township of Georgetown ordains that Chapter 14 of the Code of Ordinances is amended as follows:

ARTICLE III. SALESPEOPLE,AND SOLICITORS AND TRANSIENT MERCHANTS

Sec. 14-66. Purpose

Sec. 14-66. Registration; required information.

All house-to-house salespeople or solicitors who are not residents of the township, or persons associated with nonprofit organizations, must register at the township office, prior to making any solicitations or sales in the township. All other nonresident salespeople and solicitors are required to furnish the following information to the township:

(1) Name and permanent address.

(2) Temporary address.

(3) Name and address of firm they represent.

(4) Make, license number, and registration of automobile to be used while in the township.

(5) Type of merchandise or publication to be distributed.

The purpose of the ordinance is to promote and safeguard the public health, safety, general welfare and peace of the people of the Township and to protect the people of the Township from endangerment associated with those who would take the opportunity to canvas streets with intentions to violate laws and ordinances.

Sec. 14-67. Definitions

For purposes of this section, the following terms, phrases, words, and their derivations, shall have the meaning given in this section.

Person. The word "person" includes firms, joint ventures, partnerships, corporations, estates, trusts, units of government, clubs and all associations or organizations of natural persons, either incorporated or unincorporated, howsoever operating or named, and whether acting by themselves or by a servant, agent or fiduciary, and includes all legal representatives, heirs, successors and assigns thereof.

Solicitor means any person who canvasses for social and political causes or for religious or charitable organizations.

Transient Merchant means any person traveling by foot, vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street who sells or offers for sale, or exposes for sale any goods, wares, merchandise or food or who attempts to take orders for the sale of goods, wares, merchandise or foods, or offers and exposes the same for sale, for future delivery, or for services to be furnished or performed in the future.

Sec. 14-68. Permit required; exceptions.

No person eighteen (18) years of age or older shall engage in the business of being a transient merchant or solicitor within the Township without first obtaining a permit from the Township Clerk or designee. The Township Clerk shall issue a permit without the payment of any fee. A deposit, as established by the Township Board, shall be required for each transient merchant or helper.

(a) The provisions of this ordinance shall not apply to any person organized and operating exclusively for religious purposes and not operated for the pecuniary profit of a person.

(b) The provisions of this ordinance shall not apply to any solicitation for a charitable purpose by any person solely upon premises owned or occupied by it and solely among its officers, members or employees.

(c) Charities recognized by the federal and/or state authorities shall be exempt.

(d) No permit shall be required of any person for any mere delivery in the Township of any property purchased or acquired in good faith from such person at his regular place of business where no intent by such person is shown to exist to evade the provisions of this chapter.

Sec. 14-69. Application.

Applications for permits under this ordinance shall be filed with the Township Clerk upon forms furnished by the Township at least 7 days prior to the commencement of the proposed business of being a transient merchant or solicitor.

Sec. 14-70. Permit Issuance.

The Township Clerk, or designee, shall issue a permit for a person to engage in the business of being a transient merchant or solicitor when the following are met:

(a) A signed and completed application has been submitted on forms provided by the Township including length of time for the business of being a transient merchant and/or solicitor;

(b) Personal identification with a picture is provided for each transient merchant, solicitor and helper;

(c) A deposit in the amount designed by resolution of the Township Board is supplied to the Township for each transient merchant and helper at the time of application. The deposit shall be returned to the transient merchant and/or helper when the time frame approved for the business of being a transient merchant has expired and their business of being a transient merchant has ended without violation of any federal, state and local laws or ordinances.

Sec. 14-71. Criteria

Transient merchants must meet the following criteria when conducting business:

(a) Hours are restricted to 9:00 a.m. until 8:00 p.m.;

(b) Abide by all federal, state and local laws and ordinances;

(c) Must not have been convicted of a felony or have any outstanding warrants;

(d) Must carry the permit on their person, along with picture identification when conducting business within the Township.

Sec. 14-72. Revocation.

The Township Clerk shall have the authority to suspend or revoke any permit if the transient merchant:

(a) Violates any federal, state or local laws or ordinances;

(b) Conducts business between the hours of 8:00 p.m. and 9:00 a.m. within the Township;

(c) Is convicted of a felony;

(d) Fails to carry picture identification and the permit while conducting business within the Township.

Sec. 14-73. Right to Appeal.

Any person aggrieved by the action of the Township Clerk or designee in the denial of an application for a permit as provided in this ordinance, or in the decision with reference to the revocation of a permit as provided in this ordinance, shall have the right of appeal to the Township Board. Such appeal shall be made by filing with the Township Board, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Township Board shall set a time and place for a hearing on such appeal and notice of such hearing shall be mailed to such person’s last know address. The decision and order of the Township Board on such appeal shall be final and conclusive. 

Sec. 14-74. Penalty

Any person who violates, disobeys, omits, neglects, or refuses to comply with, or resists the enforcement of this division, shall be responsible for a municipal civil infraction, and shall be punished by a fine as set forth in the Schedule of Civil Fines (Appendix C), and court costs. Equitable relief may also be awarded as permitted by Michigan law. Each act of violation and every day upon which any such violation shall occur shall constitute a new and separate offense.

Severability

The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

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.

Effective Date

This ordinance shall become effective on the thirtieth day after publication after adoption. This ordinance was read for the first time on March 26, 2007, 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: The Services Committee recommended approval

Yeas: Bill Holland, Daniel Carlton, Del South, Richard VanderKlok, Marvin VanSomeren,

Stanley Sterk, Dale Mohr

Nays: none

MOTION CARRIED.

#070326-07 - Deposit for Transient Merchants

Moved by Richard VanderKlok, seconded by Del South, to approve a deposit in the amount of $100.00 per transient merchant as per Ordinance No. 2007-02, which must be paid to the Township in either cash or a cashier check and must be paid at the time of application. The deposit is refundable at the expiration date of the business of being a transient merchant if the transient merchant abides by all federal, state and local laws and ordinances

Note: The Services Committee recommended approval

MOTION CARRIED.

#070326-08 - Fire Department Request to Promote Ross Tibbets to Rank of Lieutenant

Moved by Richard VanderKlok, seconded by Marvin VanSomeren, to approve promoting Ross Tibbets to rank of Lieutenant to fill an open position at station 3 in the Fire Department.

Note: The Services Committee recommended approval

MOTION CARRIED.

#070326-09 - Fire Department Purchase Request

Moved by Richard VanderKlok, seconded by Del South, to approve the request from the Fire Department to purchase 6 MSA Exten-DaireAir-Line Hoses for Station One Engine #821. Cost is $520.00 each for a total of $3120.00. Ninety (90) per cent is to be covered by the Homeland Security Grant and 10% or $312.00 to be covered by the Township.

Note: The Services Committee recommended approval

This will allow all SCBA’s (Self Contained Breathing Apparatus) at that station to be compatible with all aerial operations.

MOTION CARRIED.

#070326-10 – Fertilize Three Fire Stations

Moved by Del South, seconded by Richard VanderKlok, to approve the bid of $1450.00 from Brookview Lawncare for five applications of fertilizing and weed control for the three fire stations.

Note: The Services Committee recommended approval

Other bids were received from Solar Landscape Services and Priest Lawn Care and were for only 4 applications

MOTION CARRIED.

#070326-11 – Computer Equipment for the Senior Center

Moved by Del South, seconded by Richard VanderKlok, to approve the purchase of computer software for $8,300.00 and additional computer equipment from Engraph for a total amount not to exceed the $20,000 amount of the federal grant.

Note: The Services Committee recommended approval

Other bids were received from PC Trans and Novus

MOTION CARRIED.

#070326-12 - Personnel Policies and Procedures Manual

Moved by Daniel Carlton, seconded by Richard VanderKlok, to approve directing the Township attorney to review the Personnel Policies and Procedures Manual and to recommend any changes.

There was discussion regarding updating the manual.

Note: The Water/Sewer (Facilities) Committee recommended approval

MOTION CARRIED.

#070326-13 - Remove Elmwood St. from the Maplewood Area Sewer Project

Moved by Daniel Carlton, seconded by Richard VanderKlok, to approve accepting the petition from more than 50% of the residents on Elmwood Dr. and to remove the Elmwood district from the Maplewood Sewer Project

Note: This is as per Township Board motion “#070226-11 - Maplewood Area Sewer”

MOTION CARRIED.

#070326-14 - Initiate Zoning Ordinance Amendment to Sec. 3.4

Moved by Daniel Carlton, seconded by Stanley Sterk, to approve initiating a Zoning Ordinance amendment as follows:

Sec. 3.4

(E) Maximum Floor Area.

(1) The maximum floor area above grade for an attached accessory building, including garage, shall not exceed sixty (60) percent of the gross floor area of the dwelling to which it is attached, not to exceed a maximum of one thousand (1,000) sq. ft. (revised 4/24/95)

Note: The Finance Committee recommended approval

Yeas: Bill Holland, Daniel Carlton, Del South, Richard VanderKlok, Marvin VanSomeren,

Stanley Sterk, Dale Mohr

Nays: none

MOTION CARRIED.

#070326-15 - Introduction and First Reading of Ordinance No. 2007-03, Exotic Animal Ordinance

Moved by Richard VanderKlok, seconded by Daniel Carlton, to approve the introduction and first reading of Ordinance No. 2007-03, Exotic Animal Ordinance, as follows:

ORDINANCE NO. 2007-03

Exotic Animal Ordinance

An ordinance that bans exotic animals to protect and safeguard the health, safety and

general welfare of the people of the Township.

The Charter Township of Georgetown ordains that Chapter 6 of the Code of Ordinances is amended by the addition of the following in its entirety:

ARTICLE VI. Exotic Animals.

Sec. 6-39. Purpose.

The purpose of the ordinance is to promote and safeguard the public health, safety, general welfare and peace of the people of the Township from animals that are potentially dangerous.

Sec. 6-40. Prohibited.

The keeping of exotic animals, including possessing, breeding, buying, selling, exchanging, is prohibited within the boundaries of Georgetown Charter Township.

Sec. 6-41. Definitions.

For purposes of this section, the following terms, phrases, words, and their derivations, shall have the meaning given in this section.

Exotic animals are defined as animals which are not normally considered to be household pets or farm animals, but which are potentially dangerous. Exotic animals include, but are not limited to, non-human primates; venomous cold blooded reptiles and other cold blooded animals that, if in contact with humans are capable of inflicting fatal injury to the average human; all poisonous animals; constrictor snakes three feet in length or more; cats of the wild family including but not limited to bobcat, cheetah, cougar, jaguar, leopard, lion, lynx, mountain lion, panther, puma, tiger; non-domesticated carnivores including hybrid crosses of non-domesticated carnivores (example bears and wolves); crocodiles and alligators; piranha fish; chondrichthyes (example sharks); struthie (example ostriches); poisonous spiders, venomous or poisonous insects; proboscides (elephants); periasodactyla (generally nonruminant ungulate mammals with odd number toes (example rhinoceros); and artiodactyla (example camel).

Sec. 6-42. Exceptions.

Exceptions to this ordinance shall be as follows: accredited zoological parks and aquariums, wildlife sanctuaries, nature preserves, circuses, any animal recognized by the Right to Farm Act as a farm animal and bona fide scientific, medical or educations research facilities. In which case the use shall be subject to applicable requirements of the zoning district where the use is located.

Sec. 6-43. Penalty for violation of article.

Any person who violates this article is responsible for a municipal civil infraction and shall be punished by a fine as set forth in the Schedule of Civil Fines [Appendix C] and court costs. Equitable relief may also be awarded as permitted by Michigan law. Each act of violation and every day upon which any such violation shall occur shall constitute a new and separate offense.

Severability

The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

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.

Effective Date

This ordinance shall become effective on the thirtieth day after publication after adoption. This ordinance was read for the first time on March 26, 2007, 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: The Finance Committee recommended approval

Yeas: Bill Holland, Daniel Carlton, Del South, Richard VanderKlok, Marvin VanSomeren,

Stanley Sterk, Dale Mohr

Nays: none

MOTION CARRIED.

#070326-16 – Public Comment

No one was present to make public comments.

#070326-17 – Board Open Discussion

There was discussion regarding the Baldwin Street connection road project.

#070326-18 - Reports from Standing Committees

Finance Committee meeting minutes of March 9, 2007

Finance Committee meeting minutes of March 23, 2007

Water/Sewer committee minutes of March 13, 2007

Services Committee meeting minutes of March 19, 2007

Election Commission minutes of March 15, 2007

#070326-19 - Meeting adjourned at 8:07 p.m.

William Holland, Supervisor

Del South, Clerk