MINUTES
OF THE REGULAR MEETING OF THE GEORGETOWN
CHARTER TOWNSHIP BOARD HELD NOVEMBER 26, 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: Bill Holland, Daniel Carlton, Stanley
Sterk, Del South, Dale Mohr, Richard
VanderKlok, Marvin VanSomeren
Absent: none
No one made public comments.
#071126-02 -
Approval of agenda as presented for November
26, 2007
Moved by Del South, seconded
by Richard VanderKlok, to approve the agenda as presented.
MOTION CARRIED.
#071126-03 - Communications,
letters and reports: Received for information, to be filed:
A. Library Report for August 2007
B. Sheriff Department Report
for September 2007 and October 2007
C. Letter from three members of Rosewood Church regarding a portable sign
without a permit
D. Wyoming Water Supply project
update with aerial photo looking south, aerial photo looking west
E. Senior Center Monthly Activity Report for October 2007
F.
Code Enforcement Officer’s October 2007 Monthly Report
G.
Planning Commission minutes of November 7, 2007
I.
An ad will be published in the Advance to accept applications for a new
Planning Commission member to replace Ron DeGood whose term expires Dec. 31,
2007 and he does not want to be reappointed
J. General Ledger Report October 2007
K. Fire Department
Report for October 2007
#071126-04 - Consent
agenda
Moved by Richard VanderKlok, seconded by Marvin
VanSomeren, to approve the consent agenda as presented.
a. Approval of minutes of the regular board meeting held on October 8, 2007
b. Approval of the regular monthly bills, monthly bills and the monthly bills and utility bills
c. Approval of Final Preliminary Plat (construction) of
Lowing Woods No. 5 (paper
plan available in the
Township Office) (plan a, plan b, plan c, plan d)
d. Approval of the 2008 Meeting Schedule for Boards and Commissions
e. Approval to authorize the
Supervisor to sign the Quit Claim Deed for a portion
east 60 feet) of 6981 28th
Ave. (future cemetery) to the Ottawa County Road Commission for road
improvements to widen 28th Ave. in 2008 (Note: The Township has
received a credit from the Ottawa County Road Commission for $18,000.00 and
they will replace the parking lot along 28th Ave.)
MOTION CARRIED.
#071126-05 - Request
from Sheriff’s Department for Jake Breaking Signs
Moved by Del South, seconded
by Marvin VanSomeren, to approve the purchase and posting of signs informing
the public of the Township ordinance prohibiting engine braking or Jake braking
as per the letter from Sgt. William Ward, Ottawa County Sheriff’s
Department, including a list of sign locations
Note: The Finance Committee
recommended approval
The Supervisor stated that each sign cost $162 and for
12 signs the total cost was $1944.
Sgt. Bill Ward explained why the request was made at
this time and that truckers were not aware of the ordinance.
Yeas: Bill
Holland, Stanley Sterk, Del South, Marvin VanSomeren, Richard VanderKlok
Nays: Daniel
Carlton, Dale Mohr
MOTION CARRIED.
#071126-06 - Michigan
Strategic Fund Consideration
Moved by Daniel Carlton,
seconded by Richard VanderKlok, to consent to the Michigan Strategic Fund’s consideration of the transfer of Jeup
Inc./PK&J Development, L.L.C./P & K Development Company and 20
full-time employees to Kentwood in regards to an application for the issuance
of tax exempt bonds
Note: The Finance Committee
recommended consenting
MOTION CARRIED.
#071126-07 - Authorize the Participation for Non-Motorized Path
Moved by Richard VanderKlok, seconded by Bill Holland,
to approve the participation with Sunset Manor in the amount of $5,500 towards
the installation of the non-motorized path from Port Sheldon to 18th
Ave. which allows the installation of the path to be competed this year. The non-motorized path now extends from
Kenowa Ave. to 40th Ave.
Note: The Finance Committee
recommended approval
Moved by Stanley Sterk, seconded by Dale Mohr, to
amend the motion to include the same deal for Allen Springs because they are
paying taxes and others were given between $5,000 and $8,000 for the
installation of the bike path.
Yeas: Marvin
VanSomeren, Stanley Sterk, Del South
Nays: Daniel
Carlton, Richard VanderKlok, Dale Mohr, Bill Holland
MOTION DENIED.
Moved by Dale Mohr, seconded by Bill Holland, to
approve Dale Mohr abstaining from voting on the original motion.
The Board determined there was no legitimate reason
for Dale Mohr to abstain from voting.
Yeas: Dale
Mohr
Nays: Bill
Holland, Daniel Carlton, Del South, Stanley Sterk, Marvin VanSomeren,
Richard VanderKlok
MOTION DENIED.
Original motion:
Yeas: Daniel
Carlton, Dale Mohr, Bill Holland, Marvin VanSomeren, Richard VanderKlok
Nays: Stanley
Sterk, Del South
ORIGINAL MOTION CARRIED.
#071126-08 - 2008 Zoning Fees.
Moved by Marvin VanSomeren, seconded by Richard
VanderKlok, to approve the 2008 Zoning Fees as proposed.
Note: The Finance Committee
recommended approval
MOTION CARRIED.
#071126-09 - Water System Reliable Study
Moved by Richard VanderKlok, seconded by Stanley
Sterk, to approve $5,000 to redo a computer model for the water system
reliability study to be done by Prein & Newhof, as per the letter from Prein & Newhof, due to the fact that the
Township’s former engineer is unwilling to provide the Township with the
previously approved and purchased computer model for the water system.
Note: The Finance Committee
recommended approval
MOTION CARRIED.
#071126-10 - Financial
Audit for 2007
Moved by Daniel Carlton, seconded by Richard
VanderKlok, to approve the contract with Kiekover, Scholma & Shumaker, PC,
as presented in their letter for the financial audit for 2007.
Note: The Finance Committee
recommended approval
There was discussion regarding accepting bids for
future financial audits.
MOTION CARRIED.
#071126-11 - Introduction
and First Reading of Ordinance No. 2007-05, Michigan Motor Vehicle
Code and Uniform Traffic Code
Moved by Daniel Carlton,
seconded by Richard VanderKlok, to approve introducing and reading for the
first time Ordinance No. 2007-05, 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
MOTION CARRIED.
#071126-12 - Introduction
and First Reading of Ordinance No. 2007-04, Dismantled Motor Vehicles
Revision Ordinance
Moved by Del South, seconded
by Marvin VanSomeren, to approve introducing and reading for the first time
Ordinance No. 2007-04, Dismantled Motor Vehicles Revision Ordinance, as
follows:
Sec. 46-2. Storage and disposal of waste matter and
dismantled motor vehicles.
(d) Dismantled vehicles. No person shall store, dismantle, wreck,
dispose of or repair any automobile, trailer, or other self-propelled motor
vehicle which is dismantled or partially dismantled or an unregistered or
unlicensed motor vehicle without current up-to-date license plates attached to
such vehicle for a
period of more than two weeks, unless such vehicle is stored or
parked within a wholly enclosed garage or other enclosed structure, or unless
such motor vehicle is regularly used by the owner of the premises in the
ordinary course of business or farming on a seasonal or annual basis, except in
a junkyard licensed by the township under this chapter. Any such unlicensed or
licensed, operable or inoperable, or dismantled vehicle, if located in any road
right-of-way, shall be removed after a 24-hour period.
Note: The Services Committee
recommended approval
MOTION CARRIED.
#071126-13 - Park Entrance Fees for 2008 for Nonresidents
Moved by Del South, seconded by Marvin VanSomeren, to
approve raising the 2008 park entrance fees for nonresidents as follows:
Current Increase to
$1.00 for kids $2.00
$3.00 adults $5.00
Note: The Services Committee
recommended approval
Yeas: Bill
Holland, Del South, Stanley Sterk, Marvin VanSomeren, Richard VanderKlok, Dale
Mohr
Nays: Daniel
Carlton
MOTION CARRIED.
#071126-14 - Change Sewer Rate
Moved by Dale Mohr, seconded by Daniel Carlton, to
approve the sewer rate change from $2.25 to $2.50 per 1,000 gallons of water
consumed for all billings after January 1, 2008
Note: The Utilities (Water/Sewer)
Committee recommended approval
MOTION CARRIED.
#071126-15 - Morgan Sidewalk Waiver Request
Moved by Dale Mohr, seconded by Daniel Carlton, to
deny the Morgan Sidewalk Waiver Request for P.P. # 70-14-27-475-032 and -033
Note: The Utilities (Water/Sewer)
Committee recommended denial
MOTION CARRIED.
#071126-16 - Latimer Sidewalk Waiver Request
Moved by Del South, seconded by Dale Mohr, to deny the
Latimer Sidewalk Waiver Request for P.P. # 70-14-18-201-012 and -013
Note: The Utilities (Water/Sewer)
Committee recommended denial
MOTION CARRIED.
#071126-17 - Public Comment (maximum 3
minutes per person)
Chad Tuttle, representing Sunset Manor, 725 Baldwin,
thanked the Board for approving $5,000 to pay for the increase in the amount of
money it cost Sunset to complete the sidewalk this year.
#071126-18 - Board Open Discussion
Dale Mohr stated that the Board should consider ways
to increase safety related to the health, safety and welfare relating to the
man that was hit on Baldwin.
Bill Holland said that he had attended a meeting
regarding the Grandville Waste Water Treatment Plant. He stated that MDOT should finish the work
for the construction project this week.
Stanley Sterk questioned the sidewalk by the water
treatment plant and was told it would be completed.
#071126-19 - Announcement of any scheduled meeting or meeting
attended of interest to board members
Dale Mohr stated that he had attended a Risk
Management Seminar and a WCET meeting, along with the Supervisor, regarding
housing in Ottawa County.
#071126-20 - Reports from Standing Committees
Finance Committee
meeting minutes of
November 20, 2007
Water/Sewer (Utilities) Committee minutes of
November 1, 2007
Services Committee minutes of November 19, 2007
#071126-21 - Meeting adjourned at 8:20 p.m.
William
Holland, Supervisor
Del South, Clerk