MINUTES
OF THE REGULAR MEETING OF THE GEORGETOWN
CHARTER TOWNSHIP BOARD HELD FEBRUARY 11, 2008, 7:30 p.m.
The
meeting was called to order at
Prayer
for guidance by Del South
Pledge
of Allegiance to the Flag
Roll
Call
Present: Bill Holland, Daniel Carlton, Del
South, Dale Mohr, Richard VanderKlok, Marvin
VanSomeren, Stanley Sterk
Absent: none
No one was present to make
public comments.
#080211-02 -
Approval of agenda as presented for February
11, 2008
Moved by Richard VanderKlok,
seconded by Marvin VanSomeren, to approve the agenda as presented.
MOTION CARRIED.
#080211-03 -
Communications, letters and reports: Received for information, to be filed:
A. Zoning Board of Appeals minutes of January 23, 2008
B. Senior Center Monthly Activity Report for January 2008
C. Fire Department
Report for January 2008
D. General Ledger Report January 2008
E. Ottawa County Road Commission Dec. 2007 Report
F. DPW 2007 Annual Report
G.
Code Enforcement Officer’s January 2008 Monthly Report
H.
Mining Board minutes of January 30, 2008
I.
Letter of resignation from Dave Fisher
#080211-04 -
Consent agenda
Moved by Marvin VanSomeren, seconded by Richard VanderKlok,
to approve the consent agenda as presented.
a. Approval of minutes
of the regular board meeting held on January 28, 2008
b. Approval of the regular monthly bills and utility bills
MOTION CARRIED.
#080211-05 - Planning Commission
Appointment
Moved by Del South, seconded by Marvin VanSomeren, to
approve the appointment of Rebecca VanDenBerg to the Planning Commission with
the term to expire 12/31/2010
Note: The
Finance Committee recommended approval
MOTION CARRIED.
#080211-06 -
Video Service Local Franchise Agreement for AT&T
Moved by Marvin VanSomeren,
seconded by Richard VanderKlok, to approve the resolution for the Video Service
Local Franchise Agreement for AT&T as follows:
WHEREAS, Public Act 480
of 2006 (the Uniform Video Services Local Franchise Act, hereafter the “Act”)
requires video service providers to obtain a franchise from a municipality by
means of a Uniform Video Service Local Franchise Agreement (“Uniform
Franchise”); and
WHEREAS, the Michigan
Public Service Commission (“MPSC”) on January 30, 2007 issued an order
(“Order”) that provided a Uniform Franchise form; and
WHEREAS, the Act
provides the Township (the “Municipality”) fifteen (15) business days from the
date an application for a Uniform Franchise is filed with the Municipality to
respond as to the completeness of the Uniform Franchise; and
WHEREAS, the Act
provides the Municipality thirty (30) days from the submission date of a
complete application for a Uniform Franchise in which to act to approve the
Uniform Franchise; and
WHEREAS, the
Municipality wishes to memorialize the number of public, educational and
governmental access (“PEG”) channels in actual use on the incumbent video
provider’s system in the Municipality on the effective date of the Act, January
1, 2007; and
WHEREAS, the
Municipality also wishes to memorialize the franchise fees and fees as support
for PEG channels being paid by the incumbent provider under its existing
franchise agreement on the effective date of the Act; and
WHEREAS, the
Municipality has determined that it must designate an official or officials to
whom it delegates the authority to respond to, complete, sign and approve
Uniform Franchise applications in order to meet the deadlines under the Act,
including establishing the video service provider franchise fees and fees to
support PEG facilities and services provided for in Uniform Franchises, and
taking all actions related thereto; and
WHEREAS, the
Municipality desires to provide such official or officials with guidance on
such fees; and
WHEREAS, the
Municipality does not intend that by approving a Uniform Franchise that it
shall be waiving rights, nor does it understand that the Act or the MPSC Order
so requires.
NOW, THEREFORE, BE IT
HEREBY RESOLVED that it is hereby memorialized that, on January 1, 2007, the
effective date of the Act, Comcast was the incumbent video provider with the
largest number of subscribers in Municipality, and that under its existing
franchise agreement with Municipality, being the “Nonexclusive, 2001 Cable
Television Consent Agreement,” Comcast was paying Municipality a franchise fee
of five percent (5%) of gross revenues and a fee as support for PEG channels
annually as determined by such existing franchise agreement; and
BE IT FURTHER RESOLVED
that it is hereby memorialized that there were six public, educational and
governmental access channels in actual use on the incumbent video provider’s
system in the Municipality on the effective date of the Act, January 1, 2007;
and
BE IT FURTHER RESOLVED
that a fee of five percent (5%) of gross revenues from video service providers
is hereby established as the annual video service provider franchise fee, which
is also the fee paid to the Municipality by Comcast under its existing cable
franchise with Municipality; and
BE IT FURTHER RESOLVED
that in addition to the preceding fee, a video service provider shall pay to
the Municipality an annual fee as support for the cost of public, education,
and government access facilities and services, of up to two percent (2%) of
gross revenues, with the Township Supervisor and his designees (“Supervisor”)
having the authority to modify such fee, if appropriate; and
BE IT FURTHER RESOLVED
that Georgetown Township designates and delegates and delegates to the
Supervisor or his designees such as the Clerk and Treasurer, with the
restrictions set forth herein, full authority to respond to, complete, approve
and execute Uniform Franchise application, and take all actions related
thereto; and
BE IT FURTHER RESOLVED
that such authority includes the Supervisor having the authority to determine
within the statutory deadlines whether the Uniform Franchise application as submitted
is complete, and having the authority to sign it indicating approval of the
Municipality; and
BE IT FURTHER RESOLVED
that the Supervisor, Clerk, Treasurer, Township Attorney, and other of
Municipality’s officials are hereby authorized and directed to take all actions
necessary to place the Uniform Franchise into effect in accordance with this
resolution; and
BE IT FURTHER RESOLVED
that no approvals, deemed approvals under the Act or signature of the
Supervisor on a Uniform Franchise shall be construed or understood to be a
waiver by the Municipality of its police powers; rights it may possess under
the Act, Michigan law, the Michigan Constitution, federal law, or court
decisions regarding the Act; or right to challenge or modify a Uniform Franchise
if the Act in whole or in part is amended by the legislature or overturned by
the courts; and
BE IT FINALLY RESOLVED
that all resolutions in conflict with this resolution are hereby superseded and
replaced by this resolution.
The result on the above
Resolution being as follows:
Yeas: Bill Holland, Daniel
Carlton, Del South, Dale Mohr, Marvin VanSomeren, Richard VanderKlok,
Stanley Sterk
Nays: none
Absent: none
Abstain: none
Note: The
Finance Committee recommended approval
MOTION CARRIED AND RESOLUTION
DECLARED ADOPTED.
CERTIFICATION
I hereby certify that
the above is a true copy of a resolution approved and adopted by the Township
Board for Georgetown Township at a meeting held on February 11, 2008 pursuant
to the required statutory procedures.
Dated: February 11, 2008 By:
Georgetown
Charter Township Clerk
#080211-07 - Tennis Court Removal Bids
Moved by Richard VanderKlok, seconded by Marvin
VanSomeren, to approve the low bid from VanDyke for $23,450 to remove the tennis courts
from the parks as per the specifications
Note: The
Services Committee recommended approval
(additional bids obtained Koster $25,360, Hoekwater $24,930)
Comments were made by Marvin VanSomeren, Del South and
Dale Mohr.
MOTION CARRIED.
#080211-08 - Purchase Tasers
Moved by Richard VanderKlok, seconded by Marvin
VanSomeren, to approve the purchase of three taser devices for the Georgetown
Township Sheriff’s patrols as requested in the letter from Sgt. Bill Ward for an estimated cost of $901.79
per taser.
Note: The
Services Committee recommended approval
MOTION CARRIED.
#080211-09 - Spring Clean Up Day
Moved by Del South, seconded by Richard VanderKlok, to
approve the bid from Allied Waste and change the spring clean up day
from May 10, 2008 to May 3, 2008.
Note: The
Services Committee recommended approval
Yeas: Stanley Sterk, Del South, Bill Holland, Richard VanderKlok, Marvin
VanSomeren
Nays: Daniel Carlton, Dale Mohr
MOTION
CARRIED.
#080211-10 - Public Comment
No one was present to make public comments.
#080211-11 - Board Open Discussion
There was none.
#080211-12 – Announcement of any scheduled meeting or meeting
attended of interest to board members
There was none.
#080211-13 - Reports from Standing Committees
Finance Committee
meeting minutes of
February 8, 2008
Services Committee
meeting minutes of
February 7, 2008
#080211-14 - Meeting adjourned at 8:00
p.m.
William Holland, Supervisor
Del South, Clerk