TB minutes 12-20-04

MINUTES OF THE REGULAR MEETING OF THE GEORGETOWN CHARTER TOWNSHIP BOARD HELD DECEMBER 20, 2004, 7:30 p.m.

The meeting was called to order at 7:30 p.m. by Chairperson Bill Holland.

Prayer for guidance by Daniel Carlton.

Pledge of Allegiance to the Flag

Roll Call

Present: William Holland, Daniel Carlton, R. J. Poel, Del South, Dale Mohr

Absent: Richard VanderKlok-with notice, Stanley Sterk-with notice

#041220-01 - Approval of minutes of regular board meeting held on November 22, 2004

Moved by Del South, seconded by Daniel Carlton, to approve the minutes of November 22, 2004, as submitted.

MOTION CARRIED.

#041220-02 - Agenda for December 20, 2004

Moved by R. J. Poel, seconded by Dale Mohr, to approve the agenda for December 20, 2004, as presented.

MOTION CARRIED.

#041220-03 - Communications, letters and reports: Received for information, to be filed:

A. MTA fax dated Nov. 19, 2004

B. MTA fax dated Dec. 3, 2004

C. Code Enforcement Officer Monthly Report for November 2004

D. Notice of cancellation of Services Committee meeting Dec. 20, 2004

E. Memo for new voting equipment

F. Schedule of meeting dates for 2005 Services/Program Committee

G. Exemption agreement between Georgetown Township and Servicscreen Inc.

H. Ottawa County 2005 MTA Meetings

I. Fire Department Report for November 2004

J. Senior Center Monthly Report for November 2004

K. Zoning Board of Appeals minutes for December 8, 2004

L. Letter from Taylor Street residents regarding Eastbrook PUD

M. Letter from Jim Miedema, Jamestown Township Supervisor, regarding sewer connection charges.

N. Planning Commission December 15, 2004 meeting minutes

O. Ottawa County Sheriff’s Report for November 2004

#041220-04 - Final Plat of Hunters Meadows

Moved by Daniel Carlton, seconded by Dale Mohr, to grant final plat approval for Hunters Meadows, Part of the NE ¼ Section 20, T6N, R13W, Georgetown Township, Ottawa County, MI, provided all state, county & local ordinance comply & all fees are paid.

Note: Letter of Credit , application, and letter regarding sidewalks were received

and are on file in the office. All fees are paid to date (including $50 per lot fee). DPW has approved.

MOTION CARRIED.

#041220-05 - Final Preliminary Plat of Georgetown Shores No. 5

Moved by Dale Mohr, seconded by Daniel Carlton, to grant final preliminary plat approval (construction) for Georgetown Shores No. 5, Part of the SW ¼ Section 27, T6N, R13W, Georgetown Township, Ottawa County, Michigan, with the following conditions:

a. all nonmotorized pathways (facilities) located adjacent to all phases of Georgetown Shores plats must be brought up to the Ottawa County Specifications (which are adopted by the Township),

b. the nonmotorized pathway (facility) adjacent to VanBuren Street must be continued east to connect across the Corey Bishop Drain, and

c. nonmotorized pathways (facilities) and/or sidewalks must be installed adjacent to all paved streets for the exceptions to the plat and adjacent to the paved street where the private street for the boat ramp intersects with the street.

Note: Application, Ottawa County Road and Drain Commission approvals, signed

street light petition, and signed sidewalk letter are on file in the office. Lot inspection fees paid. Note that the exceptions to the plat are either owned by the Victory family (who wants to continue to live in their home and not be a part of the plat) or they are not owned and controlled by the developers

MOTION CARRIED.

#041220-06 - Unfinished Business-Planned Unit Development (PUD0406) Eastbrook

Development Co.

Moved by R. J. Poel, seconded by Del South, to remove motion # 041122-06 from the table.

MOTION CARRIED.

Moved by Dale Mohr, seconded by Daniel Carlton, to approve the preliminary development plan for a Planned Unit Development for (PUD0406) Eastbrook Development Co., 2130 Enterprise, Kentwood, to have a residential Planned Unit Development, under Chapter 22, on parcels of land described as follows: P.P.# 70-14-04-300-013 (3030 Fillmore), 70-14-04-300-014 (3203 Taylor), 70-14-04-300-015 (3205 Taylor), 70-14-05-400-011 (now -017) (Taylor), 70-14-05-400-012 (Taylor), 70-14-09-100-018 (3210 Taylor), 70-14-09-100-019 (3208 Taylor), 70-14-09-100-022 (3131 Bauer), 70-14-09-100-024 (3034 Taylor), 70-14-09-100-029 (3244 Taylor), 70-14-09-100-030 (3205 Taylor), 70-14-09-100-004 (2999 Bauer), Georgetown Township, Ottawa County, Michigan, as shown on the plan dated November 10, 2004, and with the following conditions addressed:

1. Provide off-street pathways throughout the development to provide connections to the open space areas. Include bridge crossings and other physical improvement measures to provide usable open space areas and create linkages between areas.

2. Provide a detailed landscape plan which shows perimeter landscaping and/or screening methods along 36^th Ave.

3. Improve Taylor Street according to the standards and requirements of the Ottawa County Road Commission.

4. Provide a method of management for construction, including hours of operation, traffic access points, noise and dust/debris mitigation, and limiting access to on Bauer Rd. and 36^th Ave.

5. That Eastbrook Development offered to revisit with the Ottawa County Road Commission the option of closing the loop road access connection to Taylor, subject to the support of the majority of the residents of Taylor St.

6. That the density be reduced to a potential maximum of 825 rather than 865.

7. That Eastbrook petition the close of the no-name street and change it to a private street.

Note: As recommended by the Planning Commission in minutes of 11-17-2004

The chairman opened the floor to public comments.

Bill Eling, 3284 Taylor St., said that he is not opposed to development, but would like it done in an orderly manner with only a certain percentage permitted per year and put in writing. He said that there are already traffic concerns and there is too much development.

John Bole, 3361 Taylor, asked about the sewer payback agreement and was told that it was further in the agenda after consideration of the PUD. He said that many residents of Taylor had signed and submitted a letter outlining options for the development such as including a buffer and they were not even considered. He said that he does not believe that the development matches the intentions of the Master Plan.

In response to a question, Dale Kraker, representing the applicant, said that about 120 acres were tilled last year.

Dale Mohr said that the Township was different with a lot less development when he first moved here and he did not want the growth and development either. He said that it is not fair to restrict others who want to move to the area for educational opportunities and values.

Bill Holland said that the decision was not available to leave the area as farm land and that he would just as soon see the land left vacant. He said that all the members of the Board read the letters and listened to the considerations that were raised in regards to this development.

Del South said that he had been raised on a farm and did not want it sold, but it happened. He said that the resident’s suggestion to have the Township develop the ravines into a park was not feasible because there are many parks and they are costly to maintain. He said that he did not want to see the site developed piecemeal and that with a PUD there was more control.

Bill Holland said that it was important to move forward.

Del South said that the planned unit development meets the requirements of the Zoning Ordinance and it is known what would happen if it was not approved.

Della Braun, 8745 24^th Ave., said that progress can not be stopped, but she was concerned with traffic and the ability to get out onto the streets.

Bill Holland said that the Township would work with the County Road Commission to address traffic issues, including the 196 extension.

Nick Allen, 3545 Taylor, asked who would regulate keeping construction traffic off Taylor.

Bill Holland said to call him at the Township Office.

John Bole, 3361 Taylor, said that he was not opposed to the development, but the Board should consider having a buffer provided by the developer to buffer his property from the houses with smaller lots because this was a radical change.

Bill Holland said that all of the letters submitted were read and all of the input was part of the consideration.

Yeas: Bill Holland, Daniel Carlton, Del South, R. J. Poel, Dale Mohr

Nays: none

Absent: Stanley Sterk, Richard VanderKlok

MOTION CARRIED.

#041220-07 - Boards and Committee Appointments for 2005

Moved by Bill Holland, seconded by R. J. Poel, to approve 2005 Boards and Committees appointments as follows:

GEORGETOWN CHARTER TOWNSHIP

BOARDS, COMMISSIONS, COMMITTEES, ETC.

APPOINTMENTS effective 1/1/2005 until 12/31/05

Planning Commission: (3 years)

Ed Stasiak H 669-7530 C 437-7273 12/31/2006

Michael Pearson H 662-4241or 4555 12/31/2007 * new

Cornelius Huizinga H 457-2431 W 457-0620 12/31/2005

Ron DeGood H 669-8495 12/31/2007 * reappointed

Gregory Honderd H 669-0987 12/31/2006

David Poskey H 669-5253 W 336-6803 12/31/2007 * reappointed

Del South H 669-5599 11/20/2007

Zoning Board of Appeals: (3 years)

Planning Com rep 12/31/2007

John Fanthorpe H 662-9294 W 669-2900 12/31/2007 * reappointed

Joyce E. Weise H 669-8004 F 669-3309 12/31/2007 * reappointed

Carl DeVree H 662-9294 12/31/2005

Dan Lennington H 662-4216 W 752-2726 12/31/2005

Alternate: Don Upp H 457-2445 12/31/2006

Construction Board of Appeals: (5 years)

Board of Construction Appeals

James R. Jansma H 662-0272 12/31/2005

Thomas E. VanDyke H 667-2145 12/31/2009 * reappointed

Gerrit Huitsing H 669-9563 12/31/2008

Roger Metternich H 457-2241 12/31/2008

Ray Elenbaas H 669-9368 12/31/2006

Board of Review: (2 years)

Eric May H 457-7455 12/31/2006 * reappointed

Weldin Johnson H 457-4953 W 457-2000 12/31/2006 * reappointed

David Baker H 457-3273 12/31/2006 * reappointed

Commissioner of Noxious Weeds

Dick Kennedy * reappointed

E.D.C. Committee: (6 years)

Daniel Carlton W 457-2340 11/20/2010 * reappointed

Brian VanLente H 669-1816 12/31/2010 * new

Mel Visser H 457-1255 12/31/2010 * reappointed

Don Nicewander W 457-9290 12/31/2010 * reappointed

Sidney Harkema W 532-7404 12/31/2006

Roger Burgess H 457-1672 W 246-4302 12/31/2006

Stanley Sterk W 458-0091 12/31/2010 * reappointed

Emergency Service: (1 year)

David Brower, Director H 669-9022 12/31/2005 * reappointed

Bruce Krombeen, Deputy Director H 457-9787 12/31/2005 * reappointed

Steve Krombeen, Asst. Director H 457-8737 12/31/2005 * reappointed

Dan Kuipers, Staff Sergeant H 667-8651 12/31/2005 * reappointed

Election Committee: (2 years)

Clerk, Chairman 11/20/2006 * reappointed

Del South 11/20/2006 * reappointed

Richard VanderKlok 11/20/2006 * new

Waste Water Authority: DELETED

Employee Safety Program Committee: (2 years)

Fire Chief, Chairman C 890-4255 W 662-2130 12/31/2006 * reappointed

Denny Bishop H 662-4440 W 457-2340 12/31/2006 * new

Clerk H 457-1669 W 457-2340 11/20/2006 * reappointed

Disaster Assessment Team: (5 years)

Henry DeVries H 975-1655 W 457-2340 12/31/2006

Clerk H 457-1669 W 457-2340 12/31/2009 * reappointed

Dick Kennedy H 457-2334 C 560-6524 12/31/2005

Richard VanderKlok H 669-2285 W 669-6650 11/20/2009 * new

Mineral Mining Review Board: (3 years)

Stanley Sterk H 667-2250 W 458-0091 11/20/2007 * reappointed

Del South W 662-3100x4004 11/20/2007 * reappointed

Dave Poskey H 669-5253 W 336-6803 12/31/2007 * reappointed

Greg Honderd H 669-0987 12/31/2006

Dick Meyers W 457-5030 12/31/2007 * reappointed

Del South asked Michael Pearson questions regarding his appointment to the Planning Commission.

MOTION CARRIED.

#041220-08 - Appoint the Supervisor as Township’s Representative to Grand Valley Metro

Council

Moved by Daniel Carlton, seconded by R. J. Poel, to approve the appointment of the Supervisor, Bill Holland, as the Township’s representative to Grand Valley Metro Council

MOTION CARRIED.

#041220-09 - Introduction and First Reading of Ordinance No. 2005-01, Michigan Motor

Motor Vehicle Code and Uniform Traffic Code

Moved by Daniel Carlton, seconded by Del South, to introduce and read for the first time Ordinance No. 2005-01, 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.

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.

MOTION CARRIED.

#041220-10 - Introduction and First Reading of Ordinance No. 2005-02, Disorderly Persons

Ordinance

Moved by Bill Holland, seconded by R. J. Poel, to introduce and read for the first time Ordinance No. 2005-02, Disorderly Persons Ordinance, as follows:

Moved by Daniel Carlton, seconded by Dale Mohr, to table the ordinance as follows for revisions.

ORDINANCE NO. 2005-02

Disorderly Persons Ordinance

An ordinance to define and prohibit disorderly conduct within Georgetown Charter Township, Ottawa County, Michigan to prescribe penalties for the violation thereof,

The Charter Township of Georgetown ordains that Chapter 38 of the Code of Ordinances is amended as follows:

Name.

This ordinance shall be known and cited as the Georgetown Charter Township Disorderly Conduct Ordinance.

Disorderly Definitions.

No person shall conduct himself or herself in a disorderly manner in the Charter Township of Georgetown, Ottawa County, Michigan. For the purpose of this ordinance, a person conducts himself or herself in a disorderly manner when he or she does any act or engages in any practice hereinafter listed, or aids and abets any person who does any such act or engages in any such practice hereinafter listed;

Add Sec. 38-6 to ARTICLE I as follows:

Sec. 38-6. Fireworks.

It shall be unlawful for any person within the township to discharge, offer for sale, or possess any fireworks except of the type and under the conditions permitted by state law.

Add Sec. 38-27 to ARTICLE II as follows:

ARTICLE II. OFFENSES AFFECTING GOVERNMENTAL FUNCTIONS

Sec. 38-27. Township premises.

It shall be unlawful for any person within the township to remain on the premises of any Township Building, or any lands or properties owned by the Township, unless such person is present for the purpose of conducting business with Township officials or attending, participating in or observing any hearing or meeting or gathering held in such Township buildings;

Amend Sec. 38-71 as follows:

Sec. 38-71. Breach of peace.

(a) Any person who shall make or assist in making any noise, disturbance, trouble, or

improper diversion, or any rout or riot, by which the peace and good order of the township is disturbed, shall be guilty of a misdemeanor.

(b) Any person who shall permit or allow any loud noises, electrical, mechanical, human,

or animal in origin, to be emitted from any place occupied or controlled by him/her so as to disturb unnecessarily and without reasonable cause the quiet, comfort, or repose of any person or persons shall be guilty of a misdemeanor.

Amend Sec. 38-72 as follows:

Sec. 38-72. Creation of noise.

Loud noise is defined as a sound which is disagreeable or loud, destroying the peace and tranquility of any person or persons within the surrounding neighborhood.

It shall be unlawful for any person within the township to:

(1) Create any loud noises by the erection, including excavation therefore, demolition,

alteration, maintenance or repair of any property or the excavation of any streets or highways at any time, except between the hours of 7:00 ~~6:00~~ a.m. and 11:00 ~~9:00~~ p.m., except as may be necessary for emergency construction operations or repairs, or as may be necessary as determined by a two-thirds majority vote of the full board for essential services.

(2) Create or allow any loud noises by the use of machinery, including motor vehicles or

motor equipment, manufacturing or industrial processes of any kind, at a place so as to reasonably disturb the peace and quiet, or comfort or repose of any person in a residential home or unit between the hours of 11:00 p.m. ~~12:00 a.m.~~ and 7:00 a.m., provided such noise continues for a period of three minutes or more, or, if of shorter duration, is intermittent so that the noise occurs at least three times within a one-hour period.

(3) Gun or race the engine of any motor vehicle, including any motorcycle or motor driven cycle

or boat or snowmobile, or run or operate a motor vehicle, motorcycle or motor driven cycle or snowmobile without a muffler in good working order (one which in constant operation prevents excessive or unusual noise and annoying smoke); a person shall not remove, destroy, or damage any of the baffles contained in the muffler, nor shall a person use a muffler cutout, bypass, or similar device upon a motorcycle, motor driven cycle or any motor vehicle or snowmobile at any place within the Township;

(4) Operations or activities which cause or create measurable noise levels exceeding the

maximum sound intensity levels measured in decibels as prescribed in this section, as measured at or within five feet of any home or residential unit, between the hours of 11:00 pm & 7:00 am

a. Pre-1960 octave, American Standards Association, Z24.

Octave Band

Cycles Per Second Decibels

00 to 74 70

75 to 149 62

150 to 299 56

300 to 599 49

600 to 1,199 44

1,200 to 2,399 39

2,400 to 4,799 33

4,800 and above 31

b. Post-1960 preferred frequencies.

Cycles Per Second Decibels

31.5 72

63 68

125 62

250 57

500 50

1,000 46

2,000 39

4,000 32

8,000 28

Amend Sec. 38-73 as follows:

Sec. 38-73. Tumultuous conduct.

No person shall disturb, incite or aid in disturbing the public peace by loud, violent, tumultuous, offensive or obstreperous conduct, or party or shall make or participate in making any improper noise or disturbance, riot or breach of the peace, or shall engage in any illegal or improper act. No person shall knowingly permit any such conduct upon any premises owned or possessed by him or under his control.

Amend Sec. 38-74 as follows:

Sec. 38-74. Disturbing worship or any other assembly.

It shall be unlawful for any person to disturb or disquiet any congregation or assembly met for religious worship or any other assembly gathered for lawful purposes by making any noise or making any profane discourse or engaging in any indecent behavior in or near the place of worship as to disturb the solemnity of the meeting.

Amend Sec. 38-75 as follows:

Sec. 38-75. Loitering.

(b) It shall be unlawful for any person within the township to loiter, loaf, wander, stand or

remain idle either alone or in consort with others in a public place in such manner so as to:

(4) Collect or stand in crowds for illegal or mischievous purposes in any public place.

Sec. 38-78 is added under ARTICLE IV.

ARTICLE IV. OFFENSES AGAINST PUBLIC PEACE

Sec. 38-78. Social gathering or party.

(a) It shall be unlawful for any person within the township to use any premises or suffer any

premises under his/her or its control to be used so as to destroy the peace and tranquility of any person or persons within the surrounding neighborhood. This includes, but is not limited to, any person who is the owner, occupant, tenant or has any other possessory interest or premises in the Township, who either sponsors, conducts, hosts, invites, suffers, permits, continues, or allows to continue a social gathering or party which is, or during the course thereof becomes, a nuisance party as defined in subparagraph (b) below.

(b) It shall be unlawful for any person within the township to sponsor, conduct, host, invite, suffer,

permit, continue or allows to continue a nuisance party, as hereinafter defined. For the purpose of this subsection, the term “nuisance party” means a social gathering or party which is conducted on premises in the Township and which, by reason of the conduct of those persons in attendance, results in any one or more of the following occurrences or conditions:

1. Consumption of alcoholic beverages in public or public drunkenness;

2. Public urination or defecation;

3. The unlawful sale, furnishing or consumption of alcoholic beverages;

4. The unlawful deposit of trash or litter on public or private property;

5. The destruction of public or private property;

6. The generation of pedestrian or vehicular traffic or parking of motor vehicles which obstruct the free flow of residential traffic or interferes with the ability to render emergency services;

7. Excessive, unnecessary or unusually load noise which disturbs the comfort and quiet repose of the neighborhood;

8. Public disturbances, brawls, fights or quarrels;

9. Assembly of persons in excess of limits imposed by conditions, rules or requirements of lease or occupancy agreement;

10. Any similar conduct which annoys, injures, or endangers the safety, health, comfort, or repose of the neighboring residents;

11. Any conduct which results in indecent or obscene conduct, or immoral exhibition or indecent exposure by persons at the social gathering.

Add Sec. 38-79 under ARTICLE IV, as follows:

Sec. 38-79. Telephone use.

It shall be unlawful for any person within the township to, by the use or means of telephone perform any of the following:

a. Disturb the peace, quiet, or privacy of any other person or family by repeated calls

intended to harass or annoy the person or family to whom the calls are made;

b. Use obscene or offensive language, or suggest any lewd or lascivious act;

c. Attempt to extort money or anything of value from any persons;

d. Threaten any physical violence or harm to any person;

e. Repeatedly and continuously ring the telephone of any person with intent to disturb or harass such person;

f. Knowingly and intentionally make false report of a crime, fire, traffic crash, or medical emergency;

Add Sec. 38-80 under ARTICLE IV. OFFENSES AGAINST PUBLIC PEACE, as follows:

Sec. 38-80. Trash and garbage pickup.

(a) It shall be unlawful for any person within the township to conduct commercial and/or

residential trash or garbage pickup between the hours of 8:00 p.m. and 7:00 a.m.

(b) It shall be unlawful for any employee or owner of a company (including a supervisor or

manager) to either knowingly or unknowingly allow an employee of the company to violate the provisions of Sec. 38-80 (a).

Amend Sec. 38-102 as follows:

Sec. 38-102. Indecent exposure.

a. It shall be unlawful for any person within the township to knowingly make any open or

indecent exposure of his person or of the person of another.

b. It shall be unlawful for any person within the township to swim or bathe in the nude in any

public place or on private property without specific permission of the owner.

Amend Sec. 38-104 in ARTILCE V as follows:

ARTICLE V. OFFENSES AGAINST PUBLIC MORALS

Sec. 38-104. Fortunes or speculation games.

It shall be unlawful for any person within the township to tell or pretend to tell fortunes for hire, gain, reward or profit whether by means of cards, token trances, inspection of the hands or skull, mind reading, consulting the movements of the heavenly bodies, or otherwise; or for hire, gain reward or profit pretend to enable another to recover lost or stolen property, pretend to give success in any business enterprise, speculation or game of chance, or by improper means induce any person to dispose of property in favor of another;

Add Sec. 38-127 in ARTICLE VI as follows:

ARTICLE VI. OFFENSES AGAINST PUBLIC SAFETY

Sec. 38-127. Threatening communications.

(a) It shall be unlawful for any person within the township to verbally or by delivery of a

written or electronic communication, threaten any physical violence or harm to any person or any member of such person’s family.

(b) It shall be unlawful for a person within the township to deliver or cause to be delivered

any letter, postal card, electronic writing or other object containing obscene language or containing any words, letters, or marks with the intent to frighten, intimidate, or cause annoyance to any other person and/or with the intent to extort or gain money or property of any description belonging to another.

Invalid Clauses.

Should any section, clause or provision of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of this ordinance as a whole or any part thereof, other than the parts so declared to be invalid.

Violations and Penalties.

Any person violating any provision of this ordinance upon conviction thereof shall be guilty of a misdemeanor and punished by a fine not exceeding Five Hundred Dollars ($500.00). And cost of prosecution or by imprisonment in Ottawa County Jail for a period not to exceed ninety (90) days, or both such fine and imprisonment in the discretion of the court.

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 effect on the thirtieth day after publication after adoption. This ordinance was read for the first time on , 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 publication on

Note: The Services Committee recommended approval

MOTION CARRIED.

#041220-11 – Move Agenda Item

Moved by Daniel Carlton, seconded by Bill Holland, to move item 23, Seek Bids for New Fire Truck.

MOTION CARRIED.

#041220-12 - Seek Bids for New Fire Truck

Moved by Daniel Carlton, seconded by Del South, to authorize and seek sealed bids for a new 2005 fire truck, subject to Board approval. Sealed bids to be in by 4:00 p.m. on Thursday, Dec. 30, 2004

Note: As recommended by Services Committee

MOTION CARRIED.

#041220-13 - Introduction and First Reading of Ordinance No. 2005-03, Curfew for Minors

Ordinance

Moved by Dale Mohr, seconded by Del South, to introduce and read for the first time Ordinance No. 2005-03, Curfew for Minors Ordinance, as follows:

ORDINANCE NO. 2005-03

Curfew for Minors Ordinance;

An ordinance to regulate the hours that children under the age of 16 years of age may be in or on the public streets, highways, alleys and parks within the Charter Township of Georgetown, Ottawa County, Michigan.

The Charter Township of Georgetown ordains:

A. Minors under 12 years of age:

No minor under the age of 12 years of age shall loiter, idle or congregate in or on any public street, highway, alley or park between the hours of 10:00 p.m. and 6:00 a.m., unless the minor is accompanied by a parent or guardian, or some adult delegated by the parent or guardian to accompany the child.

B. Minors under 16 years of age:

A minor under the age of 16 years of age shall not loiter, idle or congregate in or on any public street, highway, alley or park between the hours of 12 midnight and 6:00 a.m. immediately following, except where the minor is accompanied by a parent or guardian, or an adult delegated by the parent or guardian to accompany the minor, or where the minor is upon an errand or other legitimate business directed by his parent or guardian.

C. Aiding or abetting violation:

Any person of the age of 16 years or over assisting, aiding, abetting, allowing, permitting or encouraging any minor under the age of 16 years to violate the provisions of sections A and B above, hereof is guilty of a misdemeanor.

The above stipulations are amended to be consistent with state law if the state law is amended.

Effective Date. This ordinance shall become effect on the thirtieth day after publication after adoption. This ordinance was read for the first time on December 20, 2004, 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 publication on

Note: As recommended by the Services Committee

Yeas: Del South, Dale Mohr, R. J. Poel, Bill Holland

Nays: Daniel Carlton

Absent: Stanley Sterk and Richard VanderKlok

MOTION CARRIED.

#041220-14 - Introduction and First Reading of Ordinance No. 2005-04, Solid Waste Ordinance

Moved by R. J. Poel, seconded by Dale Mohr, to introduce and read for the first time Ordinance No. 2005-04, Solid Waste Ordinance.

The chairman opened the floor to public comments.

Brent Goodsell, 2471 Wilshire, said that he understood the concern of limiting the time for residential areas to protect the residents; however, he said that he was concerned for safety in industrial parks and in high traffic commercial areas. He said that these were big slow trucks that should clean out before traffic hits in congested areas. He said that zoning should exempt certain areas in industrial and commercial areas as Grand Rapids does.

Rich Walcott, 1880 Pine Grove, asked if the ordinance would cover grass clippings and liquid spills from the grass clippings because the smell is nauseating.

Chad Stoub, 6344 Churchview Ct., said that he owns EverKept and that if something is not right, they should identify and find it. He said that they would clean up their own spills. He also said that there should be different rules for commercial and residential areas.

Moved by Daniel Carlton, seconded by Del South, to table the ordinance as follows for revisions:

Ordinance No. 2005-04

Solid Waste Ordinance

An ordinance to amend Chapter 46 of the Code of Ordinances of the Charter Township of Georgetown

The Charter Township of Georgetown ordains that Chapter 46 is amended as follows:

Chapter 46 SOLID WASTE

Sec. 46-1. Definitions.

Sec. 46-2. Storage and disposal of waste matter and dismantled motor vehicles.

Sec. 46-3. Disposition of vegetable waste matter and other waste under state regulations.

Sec. 46-4. Commercial collection.

Sec. 46-5. Hours of collection.

Sec. 46-6. Transporting garbage; unlawful dumping.

Sec. 46-4. 7 Penalty for violation of chapter.

Sec. 46-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commercial solid waste means solid waste collected from a commercial or industrial site or stored in large dumpsters which require the assistance of mechanical lifting devices on waste hauling vehicles in order to be emptied or removed from the site.

Noncommercial solid waste means solid waste other than commercial solid waste, including, but not limited to, solid waste generated by households.

~~Rubbish~~ means all waste materials from residential and business operations, exclusive of garbage including, but not being limited to, ashes, paper, rags, bottles, crockery, glassware, tin cans, cardboard, wornout clothing and wornout furniture.

Rubbish means non-putrescible solid waste, excluding ashes, consisting of either combustible or noncombustible waste, including paper, cardboard, metal containers, yard clippings, wood, glass, bedding, crockery, demolished building materials, or litter of any kind that may be a detriment to the public health and safety.

Solid waste means garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleaning, municipal and industrial sludge’s, solid commercial and solid industrial waste, and animal waste other than organic waste generated in the production of livestock and poultry. When the term “solid waste” appears by itself in this article, it shall be interpreted as including both commercial solid waste and noncommercial solid waste.

Sec. 46-2. Storage and disposal of waste matter and dismantled motor vehicles.

~~(c) Storage of garbage and rubbish containers. It shall be the duty of the occupant of the~~

premises in the township to keep the garbage and rubbish containers in a clean and serviceable condition, and to store such containers, when in use, in an underground storage facility so that the tops or covers of such containers shall be flush or below the surface of the ground level, or in such other place on the premises that is no less than 40 feet from the front property line, and not less than 40 feet from any adjacent street right-of-way.

cause a health hazard or a nuisance. Noncommercial solid waste awaiting disposal shall be kept in sealed plastic trash bags or receptacles which are watertight and constructed of metal, high-density polyethylene plastic, or other similar material in order to prevent disturbance by animals and the entrance of insects. Noncommercial solid waste receptacles shall not be located at the curb for pickup purposes more than 24 hours before or 24 hours after the designated pickup day. No person shall place a solid waste receptacle in the front yard, as defined in Sec. 2.102, except when placing the receptacle for collection.

Sec. 46-4. Commercial collection.

Commercial solid waste may be collected on any day, except Sunday. Commercial and residential solid waste shall not be collected before 7:00 AM or after 8:00 PM.

Sec. 46-5. Hours of collection.

All collections of garbage must be made between the hours of 7:00AM and 8:00 PM.

Sec. 46-6. Transporting garbage; unlawful dumping.

No firm or other person shall transport or carry through or on the streets of the city any garbage in any wagon or vehicle unless the garbage is thoroughly covered with a metal or canvas cover, or carry any garbage in cans, wagons or vehicles which are not free from leaks or which allow garbage to drip or fall on any street or public place, or dump or dispose of any garbage on any vacant lot or open premises within the Township.

Sec. 46-4. 7 Penalty for violation of chapter.

Any person, or company including employees and/or supervisor of a company, who violates this chapter shall be responsible for a municipal civil infraction and shall be punished by a fine as set forth by the court ~~in the Schedule of Civil Fines [Appendix C]~~ and court costs. Equitable relief may also be awarded as permitted by Michigan law. Each day that a violation continues shall be deemed a separate offense.

Note: The Services Committee recommended approval

MOTION CARRIED.

#041220-15 - Hudsonville Sewer Agreement for Unity Timbers

Moved by Daniel Carlton, seconded by Dale Mohr, to amend the sewer agreement with Hudsonville to serve Unity Timbers