MINUTES OF THE REGULAR MEETING OF THE GEORGETOWN CHARTER TOWNSHIP BOARD HELD JULY 22, 2002, 7:30 p.m.

The meeting was called to order at 7:30 p.m. by Chairperson James Holtvluwer.

Prayer for guidance by Kurt Gernaat.

Pledge of Allegiance to the Flag

Present: James Holtvluwer, Daniel Carlton, Del South, R. J. Poel, Stanley Sterk,

Kurt Gernaat

Absent: Bernard Mackus

#020722-01 - Approval of minutes of regular board meeting held on July 8, 2002

Moved by Del South, seconded by R. J. Poel, to approve the minutes of July 8, 2002, as submitted.

MOTION CARRIED.

#020722-02 - Agenda for July 22, 2002

Moved by R. J. Poel, seconded by Kurt Gernaat, to approve the agenda for July 22, 2002, as submitted.

MOTION CARRIED.

#020722-03 - Communications, letters and reports: Received for information, to be filed:

    1. MTA fax dated July 3, 2002
    2. Letter from the Racial Justice Institute
    3. Sheriff's Office Report for June 2002
    4. Planning Commission minutes of July 17, 2002
    5. Planner's Comments for July 2002
    6. Memo from OCRC re: traffic study at 42nd Ave./Fillmore and 48th Ave./Port Sheldon
    7. Report from Ottawa County Road Commission re: speed on 18th/20th Ave.
    8. Letter of resignation from Glenn Schuette
    9. Letter from ISO
    10. Senior Center Report for July-August 2002 (and attached packet)

#020722-04 - Special Use Permit (SUP0207) Ross Schut, 6830 48th Ave

Moved by Del South, seconded by Stanley Sterk, to approve special use permit (SUP0207) Ross Schut, 6830 48th Ave., to have greenhouses, under Sec. 7.3(C), on parcels of land described as P.P.# 70-14-19-100-023 and 70-14-19-300-048, located at

6830 and 6794 48th Ave., in a (RR) Rural Residential District, based on compliance with all special land use standards.

Note: As recommended by the Planning Commission

MOTION CARRIED.

#020722-05 - Zoning Ordinance Amendment to Sec. 3.6(D)

Moved by Del South, seconded by Kurt Gernaat, to approve the amendment to Sec. 3.6(D) as follows:

    1. Sec. 3.6 (D)

The dwelling unit shall be firmly attached to a permanent continuous foundation, which complies with applicable provisions of the building code adopted by the Township. Except a maximum of 20% of the gross floor area which is attached to a permanent continuous foundation, not to exceed 400 square feet, may be exempt.

Note: As recommended by the Planning Commission

Stanley Sterk stated that the Zoning Ordinance can not preempt the Stated Construction Code and the amendment could not be adopted.

Moved by R. J. Poel, seconded by James Holtvluwer, to table the item.

MOTION CARRIED.

#020722-06 - Maplewood Park Building and Generator

Moved by Daniel Carlton, seconded by Kurt Gernaat, to approve the purchase of an 80KW Generator by Power Gard for a price, including wiring, of $29,000, and to construct a garage to store the generator next to the Maplewood lift station and to seek bids.

Note: As recommended by the Water/Sewer Committee

MOTION CARRIED.

#020722-07 - Waste Water Pump

Moved by Daniel Carlton, seconded by Stanley Sterk, to approve the purchase of a 6" wastewater pump, to be purchased in 2003 for an estimated cost of $31,000

Note: As recommended by the Water/Sewer Committee

MOTION CARRIED.

#020722-08 - Adjust Water Rate

Moved by Daniel Carlton, seconded by Kurt Gernaat, to approve the adjusted water rate as follows: $.90/1000 gallons to $1.00/1000 gallons

Note: The last increase was in 1996. It was noted that the City of Grandville

increased their rate from $1.36 to 1.43/1000 gallons.

MOTION CARRIED.

#020722-09 - Membership in the Ottawa County Economic Development Office

Moved by James Holtvluwer, seconded by Daniel Carlton, to not provide funding to financially support the Ottawa County Economic Development Office because it does not benefit the Township and we pay a high rate based on the Township population.

MOTION CARRIED.

#020722-10 - Final Plat of Hidden Meadows No. 3

Moved by R. J. Poel, seconded by Daniel Carlton, to grant final plat approval for Hidden Meadows No. 3, Part of the NE and NW 1/4 Section 18, T6N, R13W, Georgetown Township, Ottawa County, MI, provided all state, county & local ordinance comply & all fees are paid.

Note: Letter of Credit & application were received & are on file in the office.

All fees are paid to date.

MOTION CARRIED.

#020722-11 - Second Reading and Adoption of Ordinance No. 2002-07 Cross Connection

Ordinance

Moved by Stanley Sterk, seconded by Daniel Carlton, to read for the second time and adopt Ordinance No. 2002-07 Cross Connection Ordinance, as follows:

GEORGETOWN CHARTER TOWNSHIP

ORDINANCE NO. 2002-07

CROSS CONNECTION ORDINANCE

PREAMBLE

AN ORDINANCE to control and regulate cross connections to the public water supply system; to prevent the entry into the public water system of water of questionable quality, or which is contaminated with waste or other contaminants; to authorize the development and implementation of a comprehensive program for the regulation and control of cross connections; to provide for cross connection program fees; to provide for the inspection of public or private property with respect to cross connections; to provide for the discontinuation of water service or other precautionary measures necessary to protect the public water supply system; to provide penalties for the violation of this Ordinance; to provide for administrative liability, severability, a savings clause, the repeal of conflicting ordinances, and an effective date; and to provide for and regulate the public health, safety, and general welfare.

THE GEORGETOWN CHARTER TOWNSHIP, OTTAWA COUNTY, MICHIGAN ORDAINS:

Section 1. Short Title.

This Ordinance may be referred to as the Georgetown Charter Township Cross Connection Ordinance.

Section 2. Purpose.

The purpose of this Ordinance is to provide for and regulate the public health, safety, and general welfare by regulating and controlling connections to the public water supply in order to prevent entry into the public water supply of water of questionable quality, or water which is contaminated with waste or other contaminants.

Section 3. Legal Authority.

This Ordinance is enacted pursuant to the authority granted by Michigan Compiled Laws Sections 42.15, 42.5(2), and 41.181.

Section 4. Rules Applying to Text.

The following rules of construction apply to the text of this Ordinance:

    1. The particular shall control the general;
    2. The headings which title various article and sections are for convenience only and are not to be considered in any construction or interpretation of the Ordinance or as enlarging or restricting the terms and provisions of the Ordinance in any respect;
    3. The word "shall" is always mandatory and not discretionary. The word "may" is permissive;
    4. Words used in the present tense shall include the future, words used in the singular number shall include the plural, and words used in the plural number shall include the singular, unless the context clearly indicates the contrary;
    5. The word "person" includes a firm, associations, partnership, joint venture, corporation, limited liability company, trust, municipal or public entity or any other legal entity, or a combination of any of them, as well as a natural person; and
    6. Any word or phrase not defined in this Section 4 or in Section 5 shall be considered to be defined in accordance with its common or standard definition.

Section 5. Definitions.

The following listed words and phrases are defined for the purpose of their use in this Ordinance. These definitions shall apply in the interpretation and enforcement of this Ordinance unless otherwise specifically stated.

"Backflow" means water of questionable quality, or which is contaminated with wastes or other contaminants, which enters a public water supply system due to a reversal of flow.

"Cross Connection" means a connection or arrangement of piping or appurtenances through which a Backflow could occur.

"Program" means the cross connection control program referred to in Section 9 of this Ordinance.

"Secondary Water Supply" means a water supply system maintained in addition to a public water supply including, but not limited to, (i) water systems supplied from ground or surface sources not meeting the requirements of MCL Section 325.1001 to 325.1023, or the requirements of any similar successor Michigan statute, or (ii) water from a public water supply which in any way has been treated, processed, or exposed to any possible contaminant or which has been stored in other than an approved storage facility. A private water storage tank supplied from the System shall be deemed a Secondary Water Supply unless it is designated as and is approved by the Water Utility for potable water storage and usage.

"Submerged Inlet" means a water pipe or extension thereto from a public water supply terminating in a tank, vessel, fixture, container, or appliance which may contain water of questionable quality, or water contaminated by waste or other contaminants, and which is not protected against Backflow.

"System" means the Georgetown Charter Township water supply and distribution system.

"Water Utility" means the Georgetown Charter Township water department.

Section 6. Prohibitions.

The following Cross Connections are prohibited:

    1. A Cross Connection between the System and a Secondary Water Supply.
    2. A Cross Connection with a Submerged Inlet.
    3. A Cross Connection between the System and piping immersed in a tank or vessel which may contain a contaminant.
    4. A Cross Connection between the System and piping which may contain sanitary waste, a chemical contaminant, or any other type contaminant including, but without limitation, a Cross Connection between the System and a lawn sprinkler system or a fire sprinkler system.

Section 7. Piping Identification.

When a Secondary Water Supply is used in addition to the System, exposed public water and secondary water supply piping shall be identified by distinguishing colors or tags and so maintained so that each pipe may be readily traced in its entirety. If piping is installed in a manner so that is impossible to trace in its entirety, the System shall be protected at the service connection in a manner acceptable to the Water Utility.

Section 8. Water Outlet Labeling.

Any water outlet which could be used for potable or domestic purposes and which is not supplied by the System shall be labeled in a conspicuous manner as:

WATER UNSAFE FOR DRINKING

Section 9. Cross Connection Program.

The Water Utility is hereby authorized and directed to prepare a comprehensive Cross Connection Control Program for the elimination and prevention of Cross Connection including, but not limited to, provisions pertaining to the installation, maintenance, testing, reporting, and inspecting of Backflow prevention devices, piping labeling, and water outlet labeling. The Program shall also provide for discontinuation of water service from the System pursuant to the provisions of Section 13 of this Ordinance. The Program shall be administered by the Water Utility. The provisions of the Program, and all amendments thereto, shall be approved by resolution of Georgetown Charter Township Board. The Program shall meet with the approval of the Michigan Department of Environmental Quality Drinking Water and Radiologic Protection Division. Any violation of the Program shall be deemed a violation of this Ordinance.

Section 10. Inspection.

The Program shall include procedures and arrangement s for the Water Utility, or its authorized inspection agent, to complete Cross Connection inspections and re-inspections. The frequency of the inspections or re-inspections shall be provided for tint he Program and shall be based on the potential health hazard which exists.

Section 11. Entry, Information, and Presumption.

The Water Utility, or its authorized inspection agent, shall have the right to enter at any reasonable time any premises served with a public water supply by a connection to the System for the purpose of Cross Connection inspections and re-inspections. On request, the owner, lessee, or occupant of any property so served shall furnish to the Water Utility or its authorized inspection agent any pertinent information regarding the water piping system or systems on the property. The refusal of such information or the refusal of access, when requested, shall be deemed to be evidence of the presence of a Cross Section.

Section 12. Protective Devices.

A user of the System shall, as is provided in the Program, provide an appropriate means to protect against the hazards of each and every Cross Section on the user’s premises.

Section 13. Termination of Water Service.

The Water Utility is hereby authorized and directed to terminate water service from the System, after following those procedures provided for in the Program, to any premises which is in violation of the is Ordinance or the Program. The Water Utility is also authorized to take such other precautionary measures as the Water Utility deems necessary to eliminate any danger of contamination of the System. If the Water Utility determines that there is an actual threat to the public health, through poisoning or through the spread of disease by sewage, industrial fluids or waste, the water service may be terminated immediately as is provided in the Program.

Section 14. Owner Responsibilities.

The owner(s) and occupant(s) of any premises connection the System, at their sole expense, shall have all of the following duties and responsibilities:

    1. To eliminate all Cross Sections on the premises;
    2. To install, maintain, test, or have tested, all Backflow prevention devices on the premises.
    3. To correct any malfunction of a Backflow prevention device revealed by testing.
    4. To inform the Water Utility in writing of any proposed or modified Cross Connection and also of any existing Cross Connection which has been previously disclosed to the Water Utility in writing.
    5. To refrain from installing a bypass around any Backflow prevention device unless there is a suitable Backflow prevention device on the bypass. If it is not possible to shut down operations in order to test a Backflow prevention device, additional devices shall be provided as necessary to allow testing the Backflow prevention device.

Section 15. Backflow Prevention Device.

All Backflow prevention devices shall be approved and installed as is provided in the Program. All Backflow prevention devices shall be tested as is provided in the Program.

Section 16. Program Fees.

The Georgetown Charter Township Board may by resolution establish fees to be charged to customers of the System that are reasonably related to the cost of the services provided to the customer in connection with the administration and enforcement of this Ordinance and the Program for the elimination and prevention of Cross Connections.

Section 17. Penalties.

CIVIL INFRACTION

Any person who violates, disobeys, omits, neglects, or refuses to comply with, or resists the enforcement of this Ordinance, 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.

The Water Utility and the members of any police agency providing police services in the Georgetown Charter Township are hereby designated as Authorized Officials to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at the Georgetown Charter Township Violations Bureau) as provided in Ordinance 2000-03 Municipal Civil Infraction Ordinance adopted by the Georgetown Charter Township.

Section 18. Administrative Liability.

No Water Utility officer, agent, or employee, or any officer, agent, or employee of the Georgetown Charter Township, shall render himself or herself personally liable for any damage that may accrue to any act, decision or other consequence or occurrence arising out of the discharge of his or her duties and responsibilities pursuant to this Ordinance or the Program or both.

Section 19. Severability.

This Ordinance and the various parts, paragraphs, sections, subsections, sentences, phrases and clauses thereof, are hereby declared to be severable. If any part, paragraph, section, subsection, sentence, phrase or clause is adjudged unconstitutional or invalid, it is hereby provided that the remainder of this Ordinance shall not be affected thereby.

Section 20. Repeal.

Any sections or parts of Ordinance No.153 that conflict with any parts of this ordinance are repealed.

Section 21. Savings Clause.

A prosecution which is pending on the effective date of this Ordinance and which arose from a violation of an Ordinance ("existing ordinance") repealed by this Ordinance, or a prosecution which is started within 30 days after the effective date of this Ordinance arising from a violation of the existing ordinance and which was committed prior to the effective date of this Ordinance, shall be tried and determined exactly as if the existing ordinance has not been repealed.

Section 22. Effective Date.

This Ordinance was approved and adopted by the Township Board of Georgetown Charter Township, Ottawa County, Michigan, on July 22, 2002. The ordinance was introduced and read for the first time on July 8, 2002, published for the first time on July 16, 2002, read for the second time and adopted on July 22, 2002 and advertised for the second time on July 30, 2002. This Ordinance shall be effective thirty days after the second publication, to be effective on August 30, 2002.

MOTION CARRIED.

#020722-12 - Final Plat of Hager Park West No. 3

Moved by Stanley Sterk, seconded by R. J. Poel, to grant final plat approval for Hager Park West No. 3, Part of the SW 1/4 Section 9, T6N, R13W, Georgetown Township, Ottawa County, MI, provided all state, county & local ordinance comply & all fees are paid. In addition, to approve the release of the easement as shown in exhibit A when the final plat is recorded and the right-of-way is established.

Note: Letter of Credit & application were received & are on file in the office.

All fees are paid to date.

MOTION CARRIED.

#020722-13 - First Reading and Introduction of Ordinance No. 2002-08 Illicit Discharge

and Connection Ordinance

Moved by James Holtvluwer, seconded by R. J. Poel, to read for the first time and introduce Ordinance No. 2002-08 Illicit Discharge and Connection Ordinance, as follows:

Ordinance No. 2002-08

Illicit Discharge and Connection Ordinance

This ordinance is an addendum to (and amends) Ordinance No. 2002-01, Storm Water Ordinance:

Replace the introductory paragraph on the purpose and intent of the ordinance with following:

AN ORDINANCE to provide for the regulation and control of storm water runoff; to provide for storm water permits and the procedures and standards for the issuance thereof; to provide for payment or reimbursement of costs and expenses incurred by the Township associated with storm water permits and the consideration thereof; to establish standards and requirements for the protection of floodways and for the control of soil erosion and sedimentation; to adopt other provisions for the establishing, maintaining, and protection of drains and drainageways; to provide regulations for the inspection, sampling, and monitoring of storm water and other discharges; to establish performance and design standards for storm water management in specified zones of the Township; to regulate non-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law; to establish methods for controlling the introduction of pollutants into the Municipal Separate Storm sewer System (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process; and to provide penalties for violations for the ordinance.

Article 1 – General

Section 1.02 – Findings

Insert the following:

    1. Illicit discharges contain pollutants that will significantly degrade the Township’s water bodies and water resources.
    2. Illicit discharges enter the municipal separate storm sewer system (MS4) through either direct connections (e.g., wastewater piping either mistakenly or deliberately connected to the storm drains) or indirect connections (e.g., infiltration into storm drain system or spills connected by drain inlets).
    3. Establishing the measures for controlling illicit discharges and connections contained in this ordinance an implementing the same will address many of the deleterious effects of illicit discharges.
      1. Section 1.03 – Purpose

Inset the following:

    1. To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by storm water discharges by any user.
    2. To prohibit illicit discharges and connection to the municipal separate storm sewer system.
    3. To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this ordinance.
      1. Section 1.04 - Applicability, Exemptions, and General Provisions

Insert the following:

    1. This ordinance shall apply to all discharges entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted.

Section 1.05 – Definitions

Insert the following:

Authorized Enforcement Agency: Employees or designees of the director of the municipal agency designated to enforce this ordinance.

Hazardous Materials: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to hum health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

Non-Storm Water Discharge: Any discharge to the storm drain system that is not composed entirely of storm water.

Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

Storm Water Pollution Prevention Plan: A document which describes the best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Storm Water, Storm Water Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable.

Wastewater: Any water or other liquid, other than uncontaminated storm water, discharged from a facility.

Article IV – Prohibitions and Exemptions

Insert the following:

Section 5.05 – Discharge Prohibitions

    1. Prohibition of Illicit Discharges

No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. The commencement, conduct, or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:

      1. Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.
      2. The prohibition shall not apply to any on-storm water discharges permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.

    1. Prohibition of Illicit Connections

      1. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited
      2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
      3. A person is considered to be in violation of this ordinance if the person connects a line conveying wastewater to the MS4, or allows such a connection to continue.

Article VI – Enforcement

Insert the following:

Section 6.08 – Suspension of MS4 Access

    1. Suspension due to Illicit Discharges in Emergency Situations
    2. The Township may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4. If the violator fails to comply with a suspension order issued in an emergency, the Township may take such steps as deemed necessary to prevent or minimize damage to the MS4 or the environment, or to minimize danger to persons.

    3. Suspension due to the Detection of Illicit Discharge

Any person discharging to the MS4 in violation of this ordinance may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The Township will notify a violator of the proposed termination of its MS4 access. A person commits an offense if the person reinstates MS4 access to premises terminate pursuant to this Section, without the prior approval of the Township.

Article VIII – Performance and Design Standards

Insert the following:

Section 8.04 – Responsibility to Implement Best Management Practices (BMPs)

The owner or operator of a commercial or industrial establishment shall provide, a their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and non structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a storm water pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit.

Effective Date.

This Ordinance was approved and adopted by the Township Board of Georgetown Charter Township, Ottawa County, Michigan, on . The ordinance was introduced and read for the first time on July 22, 2002, published for the first time on , read for the second time and adopted on and advertised for the second time on . This Ordinance shall be effective thirty days after the second publication, to be effective on .

MOTION CARRIED.

#020722-14 - 5MG Prestressed Concrete Water Storage Reservoir

Moved by Daniel Carlton, seconded by Stanley Sterk, to approve the proposed 5MG Prestressed Concrete Water Storage Reservoir, for 2003, for an estimated total of $2,300,000.

MOTION CARRIED.

#020722-15 - Bond Resolution for Financing Wyoming Water System 2002 Improvements

Project, Water Plant Expansion Phase 1A

At a regular meeting of the Township Board of the Charter Township of Georgetown, Ottawa County, Michigan, held on July 22, 2002.

Present: James Holtvluwer, Daniel Carlton, Del South, R. J. Poel, Stanley Sterk,

Kurt Gernaat

Absent: Bernard Mackus

The Clerk presented to the Township Board a form of contract dated as of August 1, 2002, among the County of Ottawa, acting through its Board of County Road Commissioners, as County Agency (hereinafter referred to as the "County"), and the Township of Blendon, the Charter Township of Georgetown, the Charter Township of Holland, the Township of Olive, the Township of Park, the Charter Township of Zeeland and the City of Hudsonville (hereinafter referred to as the "Municipalities"), relative to the acquisition, construction and financing of improvements to the Wyoming Water Supply System (the "Project" to serve the Municipalities and a form of notice.

After discussion of the contract and the notice, the following resolution was offered by Daniel Carlton and seconded by R. J. Poel:

BE IT RESOLVED:

1. The Township Board hereby approves the 2002 Wyoming Water Supply System Improvements Contract to be dated as of August 1, 2002, among the County and the Municipalities, in respect to the acquisition, construction and financing of the Project, which contract provides, among other things, that the County will issue its bonds (the "County Bonds") to defray part of the cost of the Project in anticipation of payments to be made by the Municipalities which payments will be sufficient to pay the principal of and interest on the County Bonds, and further provides that for the making of its share of such payments thereunder the Township will pledge its full faith and credit. Taxed levied by the Township will be subject to charter, statutory and constitutional tax limitations.

2. The Supervisor and the Clerk are authorized and directed to execute and deliver the contract for and on behalf of the Township (in such number of counterparts as may be desirable): PROVIDED, however, that the contract shall not become effective until the expiration of 45 days after publication of the notice presented to this Board at this meeting, if within such 45-day period a petition requesting a referendum upon contract, signed by at least 10% or 15,000, whichever is lesser, of the registered electors residing in the Township, shall have been filed with the Clerk, then the contract shall not become effective until approved by a majority vote of the qualified electors of the Township voting thereon at a general or special election.

3. The Clerk is authorized and directed to publish the notice presented on this date in the Grand Valley Advance so as to be prominently displayed therein. This Board finds and declares that such newspaper is a qualified newspaper of general circulation in the Township and that the notice contains information which is sufficient to inform adequately all interested persons as to the nature and extent of the obligations of the Township under the contract and as to the right to petition for a referendum thereon and the consequences of failure to exercise such right. A copy of the notice shall be attached to the minutes of this meeting.

4. A copy of the contract presented on this date and herein approved and authorized to be executed and delivered shall be attached to the minutes of this meeting and made a part thereof and shall be placed on file with the Clerk and made available for examination by any interested person during normal business hours.

5. The Clerk is authorized to approved the circulation of a preliminary and final official statement for the County Bonds, to cause the preparation of those portions of the preliminary and final official statement that pertain to the Township, and to do all other things necessary for compliance with Rule 15c2-12 issued under the Securities Exchange Act of 1934, as amended (the "Rule"). The Clerk is authorized to execute and deliver such certificates and to do all other things that are necessary to effectuate the sale and delivery of the County Bonds.

6. The Clerk is authorized to execute a certificate of the Township, constituting an undertaking to provide ongoing disclosure about the Township for the benefit of the holders of the County Bonds as required under paragraph (b)(5) of the Rule, and amendments to such certificate from time to time in accordance with the terms of the certificate (the certificate and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Certificate"). The Township covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate.

Yeas: James Holtvluwer, Daniel Carlton, Del South, R. J. Poel, Stanley Sterk,

Kurt Gernaat

Nays: none

Absent: Bernard Mackus

MOTION CARRIED AND RESOLUTION DELCARD ADOPTED.

Note: The following is a copy of the Notice of Adoption of the Resolution to be

published (to be part of the minutes as directed):

PUBLIC NOTICE

GEORGETOWN TOWNSHIP

1515 Baldwin Street, Ottawa County

Jenison, Michigan

NOTICE OF ADOPTION OF RESOLUTION BY

TOWNSHIP BOARD AUTHORIZING EXECUTION OF

A CONTRACT PLEDGING THE FULL FAITH AND CREDIT AND

TAXING POWER OF THE TOWNSHIP AND NOTICE OF

RIGHT OT PETITION FOR REFERENDUM UPON THE CONTRACT

TO ALL ELECTORS AND TAXPAYERS OF THE

CHARTER TOWNSHIP OF GEORGETOWN AND

OTHER INTERESTED PERSONS:

NOTICE IS HEREBY GIVEN, that on July 22, 2002, the Township Board of the Charter Township of Georgetown adopted a resolution approving and authorizing the execution and delivery of a contract among the County of Ottawa and the Township of Blendon, the Township of Park, the Charter Township of Zeeland and the City of Hudsonville (hereinafter referred to as the "Municipalities"), pursuant to the provisions of Act 342, Public acts of improvements to the Wyoming Water Supply to serve the Municipalities.

PURPOSE OF CONTRACT

The contract has for its purpose and provides for the acquisition and construction of improvements to the Wyoming Water Supply System (the "Project"). The estimated cost of the Project is $17,101,235 and the County’s share of the cost of the Project is $7,379,530. It is estimated that the County of Ottawa will issue its bonds in the principal amount of $6,500,000 to pay part of its share of the cost of the Project and the additional costs (including the costs of issuing bonds) to be incurred in connection with the Project. The amount of bonds to be issued by the County of Ottawa may be increased if the cost of the Project exceeds the current estimate. The bonds to be issued will be secured primarily by the obligation of the Municipalities to pay their respective shares of the principal of and interest on the bonds when due. The share allocated to the Charter Township of Georgetown is 40.68%.

TOWNSHIP’S CONTRACTUAL

OBLIGATION AND SOURCE OF PAYMENT

The bonds to be issued by the County of Ottawa will bear interest at a rate of not to exceed 8% per annum and will mature over a period not exceeding 40 years. The full faith and credit of the Charter Township of Georgetown have been pledged in the contract for the making of payments to the County in amounts sufficient to pay its share of the principal amount of the bonds actually issued and interest thereon as the same shall become due and for the payment of bond service charged incurred by the County. Taxes levied by the Township for the payment of its obligations to the County will be subject to applicable charter, statutory and constitutional tax limitations.

RIGHT TO PETITION FOR REFERENDUM ON CONTRACT

This notice is given by order of the Township Board to and for the benefit of the electors and taxpayers of the Charter Township of Georgetown and any other interested persons in order to inform them of their right to petition for a referendum upon the contract. The contract will not become effective until the expiration of 45 days after the publication of this notice. If, within said 45-day period, a petition signed by 10% of 15, 000, whichever is lesser, of the registered electors residing within the Township is filed with the Township Clerk requesting a referendum upon the contract, the contract will not become effective until approved by a majority of the electors of the Township qualified to vote and voting thereon at a general or special election.

FURTHER INFORMATION

Further information relative to the subject matter of the contract and this notice, including the description and location of the Project, may be secured at the office of the Township Clerk where a copy of the contract is available for examination during normal business hours.

This notice is given pursuant to be provisions of Section 5b of Act 342, Public Acts of Michigan, 1939, as amended.

#020722-16 - Resolution Authorizing Ballot Proposal to Authorize Bonds for Community

Ice Center

GEORGETOWN CHARTER TOWNSHIP

Ottawa County, Michigan

RESOLUTION AUTHORIZING BALLOT PROPOSAL

TO AUTHORIZE BONDS FOR COMMUNITY ICE CENTER

A regular meeting of the Township Board of Georgetown Charter Township (the "Township") was held in the Township Hall, 1515 Baldwin, Jenison, Michigan 49429, on July 22, 2002, at 7:30 p.m. Eastern Daylight time.

Present: James Holtvluwer, Daniel Carlton, Del South, R. J. Poel, Stanley Sterk, Kurt Gernaat

Absent: Bernard Mackus

The following preamble and resolution were offered by Boardmember James Holtvluwer, and seconded by Boardmember Del South:

WHEREAS, the Township Board has determined that it is necessary to borrow money and issue its bonds to finance the acquisition, construction, and furnishing of a Community Ice Center, the acquisition of the site for the facility, and the acquisition and installation of equipment furnishings and other improvements necessary for the operation of the facility; and

WHEREAS, the Township Board wishes to submit the question of the borrowing to the voters at the General Election to be held in the Township on November 5, 2002.

NOW, THEREFORE, BE IT RESOLVED THAT:

The following proposition shall be submitted to the electors of Georgetown Charter Township, County of Ottawa, State of Michigan, at the General Election to be held in the Township on November 5, 2002:

Community Ice Center Bond Proposal

Shall Georgetown Charter Township, Ottawa County, Michigan borrow the principal amount of not to exceed $10,000,000 and issue its general obligation unlimited tax bonds for all or a portion of that amount in one or more series payable over not to exceed 30 years from issuance to pay the cost of acquiring, constructing, equipping and furnishing a Community Ice Center, acquiring the site for the facility, and such other improvements necessary for the operation of the facility, and to pay the costs of issuing the bonds?

The Township intends to pay the debt service for the bonds from revenues generated by the Community Ice Center. If these revenues are insufficient to pay the debt service for the bonds, the Township will have the authority to levy taxes in an amount sufficient to pay the annual principal of and interest on the bonds as they become due, without limit as to rate or amount. Any taxes will be disbursed to the Township to pay the debt service on the bonds.

YES __________

NO __________

The Township Clerk, Township Attorney and all other Township officials are authorized and directed to take any and all actions necessary to have the Proposal placed on the ballot for the General Election to be held on November 5, 2002.

All existing or previous resolutions and parts of resolutions, insofar as they may conflict with the provisions of this resolution, are hereby rescinded to the extent necessary to avoid such conflict.

Yeas: James Holtvluwer, Daniel Carlton, Del South, R. J. Poel, Stanley Sterk, Kurt Gernaat

Nays: none

Absent: Bernard Mackus

MOTION CARRIED AND RESOLUTION DECLARED ADOPTED.

 

R. J. Poel

Township Clerk

The undersigned, duly qualified and acting Clerk of the Township, hereby certifies that the foregoing constitutes a true and complete copy of a resolution adopted by said Township Board at a regular meeting held on July 22, 2002, the original of which is part of the Township Board’s minutes. The undersigned further certifies that notice of the meeting was given to the public pursuant to the provisions of the Act 267 of the Public Acts of Michigan of 1976, as amended.

R. J. Poel

Township Clerk

#020722-17 - Request for Release from PA 116

Moved by R. J. Poel, seconded by Daniel Carlton, to grant the termination from PA 116 from Georgetown Township for farmland and open space on the following parcels owned by Dave Emelander, 5000 VanVuren, Hudsonville, Georgetown Township: P.P.# 70-14-29-300-002, 70-14-29-300-003, 70-14-29-300-004.

MOTION CARRIED.

#020722-18 - Public Comment

Larry Kotman, 4356 Shady Oak, stated that since sewer was installed in his street, he has had a problem with standing water. He asked the Township to put in a new driveway for his property.

#020722-19 - Reports from Standing Committees

Water/Sewer Committee minutes of July 8, 2002 were presented.

#020722-20 - Monthly Bills

Moved by R. J. Poel, seconded by Stanley Sterk, to approve payment of bills in the amount of $349,978.40, with the condition that a payment in the amount of $54,176.40 to Sheldon Investors be held until the work is completed.

MOTION CARRIED.

#020722-21 - Meeting adjourned at 8:00 p.m.

James H. Holtvluwer, Supervisor

R. J. Poel, Clerk