MINUTES
OF THE REGULAR MEETING OF THE GEORGETOWN
CHARTER TOWNSHIP BOARD HELD DECEMBER 10, 2007, 7:30 p.m.
The
meeting was called to order at
Prayer
for guidance by Marvin VanSomeren
Pledge
of Allegiance to the Flag
Roll
Call
Present: Bill Holland, Daniel Carlton, Del
South, Dale Mohr, Richard
VanderKlok, Marvin VanSomeren
Absent: Stanley Sterk-with notice
James Poelman,
6894 12th Ave., reported that a situation was created to funnel
storm water onto his property as a result of a construction project that took
place on his road. He submitted pictures
to the Board. He stated that he had
contacted the Township Supervisor, who had directed him to contact the Road
Commission and Drain Commission. He said
that no one would help with the situation and both the Road Commission and
Drain Commission said that it was a Township situation.
#071210-02 -
Approval of agenda as presented for December
10, 2007
Moved by
Richard VanderKlok, seconded by Del South, to approve the agenda as presented.
MOTION CARRIED.
#071210-03 -
Communications, letters and reports: Received for information, to be filed:
A.
Code Enforcement Officer’s November 2007 Monthly Report
B. Senior Center Monthly Activity Report for November 2007
C. General Ledger Report November 2007
D. DPW Report for November 2007
E. Library Report for September 2007
F. Fire Department
Report for November 2007
#071210-04 -
Consent agenda
Moved by Dale Mohr, seconded by
Richard VanderKlok, to approve the consent agenda as presented.
a. Approval of minutes
of the regular board meeting held on November 26, 2007
b. Approval of the regular monthly bills and utility bills
MOTION CARRIED.
#071210-05 - Second Reading and Adoption of Ordinance No. 2007-05,
Michigan Motor Vehicle
Code and Uniform Traffic Code
Moved by Del South, seconded
by Marvin VanSomeren, to approve the second reading and adoption of 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
Yeas: Bill
Holland, Daniel Carlton, Del South, Richard VanderKlok, Dale Mohr,
Marvin
VanSomeren
Nays: none
Absent: Stanley Sterk
MOTION CARRIED.
#071210-06 - Second Reading and Adoption of Ordinance No. 2007-04,
Dismantled Motor Vehicles
Revision Ordinance
Moved by Marvin VanSomeren,
seconded by Richard VanderKlok, to approve the second
reading and adoption of Ordinance No. 2007-04, Dismantled
Motor Vehicles Revision Ordinance, as follows:
Sec. 46-2 of the Georgetown Charter Township Code of Ordinances is
revised 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
Yeas: Bill
Holland, Daniel Carlton, Del South, Richard VanderKlok, Marvin VanSomeren
Nays: Dale
Mohr,
Absent: Stanley Sterk
MOTION CARRIED.
#071210-07 - Poverty Exemptions Guidelines and Resolution
Moved by Daniel Carlton, seconded by Richard
VanderKlok, to approve the poverty exemption
guidelines and the Resolution for poverty exemptions
Note: The Finance Committee recommended
approval
Yeas: Bill
Holland, Daniel Carlton, Del South, Richard VanderKlok, Dale Mohr,
Marvin
VanSomeren
Nays: none
Absent: Stanley Sterk
MOTION CARRIED.
#071210-08 - Rate Schedule for Sewer/Water Connection Charges
Moved by Dale Mohr, seconded by
Daniel Carlton, to approve the rate schedule for Sewer/Water connection charges
as presented by the Water/Sewer Committee minutes
of November 30, 2007. Sewer connection charges will have to be
adjusted when the Grandville Sewer Expansion Agreement is amended.
Note: The
Water/Sewer Committee recommended approval
MOTION CARRIED.
#071210-09 - Bids for Purchase of Fire Apparatus
Moved by Del South, seconded by Richard
VanderKlok, to approve the purchase of the SVI Fire Rescue truck for a total
amount of $527,484.79.
Note: The
Services Committee recommended approval and as recommended by the
Fire Chief
Dale Mohr stated that he was concerned because he had received
no documentation and he had no information about the truck or bids.
Bill Holland stated that three bids had been sought
and two came back. He said that the
issue had been thoroughly reviewed by the committee and with input from the
Fire Chief.
Del South said that his committee spent hours
reviewing the Fire Department’s need and the purchase of the truck.
Bill Holland stated that this truck would fulfill the
need for two or three additional trucks.
There was further discussion and the Fire Chief gave a
presentation detailing the components of the truck and how the truck would
fulfill the needs of the Fire Department.
Moved by Daniel Carlton, seconded by
Marvin VanSomeren, to amend the motion to approve selling the old truck, number
831, when the new one comes in.
MOTION CARRIED.
MOTION AS AMENDED
CARRIED.
#071210-10 - Option on the Apparatus Bid Proposal
Moved by Marvin VanSomeren, seconded
by Del South, to approve accepting the option on the Apparatus Bid Proposal to
deduct $7,520.00 from the total bid amount if the chassis is paid for in full
upon completion of the chassis at the manufacturing factory.
Note: The
Services Committee recommended approval
There was discussion regarding the fact that the savings
would not be different from the amount of money that would be earned from
interest if the money was not paid ahead of time.
Yeas: none
Nays: Bill
Holland, Daniel Carlton, Del South, Richard VanderKlok, Marvin VanSomeren, Dale
Mohr
Absent: Stanley Sterk
MOTION CARRIED.
#071210-11 - Purchase SCBA’s
Moved by Richard VanderKlok,
seconded by Marvin VanSomeren, to approve the purchase of four SCBA’s for the
amount of $15,300.00 with the funds to be used from the turnout gear line item.
Note: The
Services Committee recommended approval
MOTION CARRIED.
#071210-12 - Purchase Fire Fighting Equipment Under
a Second Grant
Moved by Richard VanderKlok, seconded by Marvin
VanSomeren, to approve the purchase of Fire Fighting Equipment under a second grant
from Assistance to Firefighters for a total amount of $24,059.00, with the
Township share to come from a budget amendment to the turnout gear line item,
as follows:
a. 52
Helmets from 5-Alarm Fire
Homeland Security: $8,460.00
Georgetown: $2,599.00
b. 52
Pairs of Bunker Boots from Time Emergency
Homeland Security $11,025.00
Georgetown $ 1,975.00
Note: The
Services Committee recommended approval
MOTION CARRIED.
#071210-13 - 2008 Library Fees
Moved by Del South, seconded by Marvin VanSomeren, to
approve the 2008 Library Fees (library tab) as presented
Note: The
Services Committee recommended approval and as recommended
by the Library
Director
MOTION CARRIED.
#071210-14 - 2007 Budget Amendments
Moved by Daniel
Carlton, seconded by Richard VanderKlok, to approve the 2007 Budget Amendments
Note: The Finance Committee recommended
approval
Yeas: Bill
Holland, Daniel Carlton, Del South, Richard VanderKlok, Dale Mohr,
Marvin
VanSomeren
Nays: none
Absent: Stanley Sterk
MOTION CARRIED.
#071210-15 - 2008 Appointments for Boards, Commissions and
Committees
Moved by Marvin VanSomeren, seconded by Richard
VanderKlok, to approve the 2008 Appointments for Boards, Commissions and Committees, as presented
Note: The Finance Committee recommended
approval
MOTION CARRIED.
#071210-16 - Public Comment
Dave Agema, State
Representative, gave an update regarding politics with State government.
#071126-18 - Board Open Discussion
Marvin VanSomeren stated a concern regarding James Poelman’s property and planned to talk to the Drain
Commissioner.
#071126-19 - Announcement of any scheduled meeting or meeting
attended of interest to board members
Bill Holland asked the Board members to keep December
27, 2007 at 5:00 p.m. open in case a special Board meeting was needed.
#071126-20 - Reports from Standing Committees
Finance Committee
meeting minutes of
December 6, 2007
Water/Sewer committee minutes of
November 30, 2007
Services Committee minutes of December 4, 2007
#071126-21 - Meeting adjourned at 8:30 p.m.
William Holland, Supervisor
Del South, Clerk