MINUTES
OF THE REGULAR MEETING OF THE GEORGETOWN
CHARTER TOWNSHIP BOARD HELD MARCH 28, 2005, 7:30 p.m.
The
meeting was called to order at
Prayer
for guidance by Bill Holland.
Pledge
of Allegiance to the Flag
Roll
Call
Present: Bill Holland, R. J. Poel, Del South,
Richard VanderKlok, Dale Mohr, Stanley Sterk
Absent: Daniel Carlton-with notice
#050328-01 - Approval of
minutes of
regular board meeting held on March 14, 2005
Moved by Richard VanderKlok, seconded by Dale Mohr,
to approve the minutes of March 14, 2005, as
submitted
MOTION CARRIED.
#050328-02 - Agenda for March
28, 2005
Moved by R. J. Poel,
seconded by Del South, to approve the agenda
for March 28, 2005, as presented.
MOTION CARRIED.
#050328-03 - Communications,
letters and reports: Received for information, to be filed:
Moved by Richard VanderKlok, seconded by Dale Mohr,
to receive the following letters, reports and communications to be filed:
A. Letter
from David Wieringa requesting the Township to rezone his property.
B. Sheriff
Department Report for February 2005
C. Planning
Commission minutes of March 16, 2005
D. Planner’s
Comments for March 2005
E. Planning
Commission agenda for March 30, 2005
F. Library
Report for February 2005
MOTION CARRIED.
#050328-04 - Special Use Permit (SUP0502) Visual Workplace LLC, 2668 Edward St.
Moved
by Dale Mohr, seconded by Richard VanderKlok, to approve Special Use Permit (SUP0502) to have a warehouse under Sec. 15.3(I) and a
commercial enterprise producing merchandise on the premises under Sec. 15.3(G),
on a parcel of land described as P.P.# 70-14-21-472-004, located at 2668 Edward
St., in a (CS) Community Service Commercial district, with the condition that
the applicant submits a written statement that the operational activities will
involve material warehousing exclusively and not warehousing with retail sales.
Note: As
recommended by the Planning Commission
The applicant has submitted the
letter as stipulated
MOTION
CARRIED.
#050328-05 - Introduction and First Reading of
Ordinance No. 2005-02 Disorderly Persons
Ordinance
Moved
by Del South, seconded by Richard VanderKlok, to introduce and read for the
first time Ordinance No. 2005-02, Disorderly Persons Ordinance, as follows:
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 to loiter within the township or 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
recreational gathering held in such Township buildings or property.
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 p.m. and 7:00 a.m.:
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 as to cause a public
disturbance;
2.
Public
urination or defecation;
3.
The unlawful
sale or furnishing to minors or consumption by minors of alcoholic beverages;
4.
The unlawful
deposit of trash or litter on public or private property that belongs to
others;
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.
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 any 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 March 28, 2005, 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
MOTION CARRIED.
#050328-06 - Road Commission Project Estimate to Resurface
Streets
Moved
by Richard VanderKlok, seconded by Del South, to approve the Road Commission
Project Estimate for resurfacing Township
streets for the amount of $707,252.00
Note: As
recommended by the Utilities/Facilities Committee
MOTION CARRIED.
#050328-07 - Township Cross Connection Program
Moved
by Stanley Sterk, seconded by Dale Mohr, to approve the Cross
Connection Program from the Public Utilities Dept.
MOTION
CARRIED.
#050328-08 - Final Preliminary Plat of Boulder Ridge
Moved
by Dale Mohr, seconded by Richard VanderKlok, to grant final preliminary plat
approval (construction) for Boulder Ridge, Part of the SE ¼ of Section 8, T6N,
R13W, Georgetown Township, Ottawa County, Michigan
Note: Application,
Ottawa County Road and Drain approvals, signed street light
petition,
signed sidewalk compliance letter, and signed building permit letter are on
file in the office. Lot inspection fee
has been paid.
MOTION CARRIED.
#050328-09 - Final Preliminary Plat of Lowing Woods
No. 1 and No. 2
Moved
by Stanley Sterk, seconded by Richard VanderKlok, to grant final preliminary
plat approval (construction) for Lowing Woods No. 1 and No.2, Part of the NW ¼
of Section 9, T6N, R13W, Georgetown Township, Ottawa County, Michigan
Note: Application,
Ottawa County Road and Drain approvals, signed street light
petition,
signed sidewalk compliance letter, and signed building permit letter are on
file in the office. Lot inspection fee
has been paid.
MOTION CARRIED.
#050328-10 - Final Preliminary Plat of Unity Timbers
Moved
by Del South, seconded by Richard VanderKlok, to grant final preliminary plat
approval (construction) for Unity Timbers, Part of the SE ¼ of Section 31, T6N,
R13W, Georgetown Township, Ottawa County, Michigan
Note: Application,
Ottawa County Road and Drain approvals, signed street light
petition,
signed sidewalk compliance letter, and signed building permit letter are on
file in the office. Lot inspection fee
has been paid. As stipulated in the
preliminary approval, a de-watering plan was submitted.
It
was also noted that the additional road right-of-way had been given to the
Township.
MOTION
CARRIED.
#050328-11 - Policy 2005-01 Township Board Rules
Moved
by Dale Mohr, seconded by Richard VanderKlok, to approve Policy
2005-01 Township Board Rules, as presented
Moved
by Dale Mohr, seconded by Richard VanderKlok, to remove the annotations.
MOTION
FOR AMENDMENT CARRIED.
Note: As
recommended by the Utilities/Facilities Committee
MOTION AS AMENDED CARRIED.
#050328-12 - Policy 2005-02 Township Board Conduct of
Public Meetings
Moved
by Del South, seconded by Richard VanderKlok, to approve Policy
2005-02 Township Board Conduct of Public Meetings as presented.
Moved
by Dale Mohr, seconded by Stanley Sterk, to remove the annotations and to
change the word in Exhibit A, number 4 from “of” to “by.”
There
was discussion about eliminating the departmental monthly reports and
implementing department presentations twice a year. The idea was referred to the committee.
MOTION
FOR AMENDMENT CARRIED.
Note: As
recommended by the Utilities/Facilities Committee
MOTION AS AMENDED CARRIED.
#050328-13 -
Appointments/Promotions of Firefighters
Moved
by R. J. Poel, seconded by Richard VanderKlok, to approve the following
promotions in the Fire Department: Captain Doug Poolman to Deputy Chief,
Lieutenant Tim Mc Intyre to Captain at Station One,
Note: As
recommended by the Services Committee
MOTION CARRIED.
Dan
Hamming gave a presentation for the newly promoted firefighters.
#050328-14 - Number of Voting Precincts Increased
RESOLUTION
At a
regular meeting of the Georgetown Charter Township Board of Trustees of
Georgetown Charter Township, County of Ottawa County, State of Michigan, was
held at the Georgetown Charter Township Hall on the day of March 28, 2005
Present: Bill Holland, R. J. Poel, Del South,
Richard VanderKlok, Dale Mohr, Stanley Sterk
Absent:
Daniel Carlton
Moved
by R. J. Poel, seconded by Richard VanderKlok, to approve the following
resolution:
WHEREAS,
election laws mandate that any voting precinct reaching 2,999 registered voters
must be divided and
WHEREAS,
Precincts 1,8,3,12,&13 will soon reach 2,999 registered voters, and
WHEREAS,
the Georgetown Charter Township has and does continue to experience tremendous
development with as increase in population,
NOW
THEREFORE BE IT RESOLVED, that the current seventeen (17) voting precincts in
the Georgetown Charter Township be divided into twenty (20) precincts and
voting locations as indicated in the attached Precinct Map.
BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Director of Elections for Ottawa Count and
the State Qualified Voter File.
AYES: Bill Holland, R. J. Poel, Del South, Richard
VanderKlok, Dale Mohr, Stanley Sterk
Absent:
Daniel Carlton
NAYS: none
R.
J. Poel, Chair Del
South Richard
VanderKlok
MOTION
CARRIED AND RESOLUTON ADOPTED.
#050328-15 - Approve Three Additional Precinct
Locations
Moved
by R. J. Poel, seconded by Richard VanderKlok, to approve 3 additional voting
precinct locations to comply with State requirements: Georgetown Bible Church, Youth
Building, 4114 Baldwin St, Precinct No. 18; Home Front Church, 6265, 8th
Ave, Precinct, No. 19; and Jenison Christian Church, 7003, 28th Ave.,
Precinct No. 20
Note: As recommended by the Election Commission.
Attachment: 2005
Elections Polling Locations
MOTION CARRIED.
#050328-16 - Seek bids for Paving at Cemetery
Moved
by R. J. Poel, seconded by Del South, to authorize the seeking of sealed bids
for repaving the North Section of the cemetery on 28th Ave,
Georgetown Township. Sealed Bids due
Thursday April 21, 2005. Rod Deemter, Parks
Director to prepare bid sheet.
Note: As
recommended by the Services Committee
MOTION CARRIED.
#050328-17 - Visual Presentation System-Equipment for
the Meeting Room
Moved
by Del South, seconded by Richard VanderKlok, to approve the purchase of the
Visual Presentation System from AVI Systems for an amount not to exceed $5,500,
and to amend the budget from fund balance
Attachment: Proposal
MOTION CARRIED.
#050328-18 – Public Comment
Margaret Bower, 2369 Oak Hollow Dr., asked the Board
to consider a cat control ordinance and to review the City of Wyoming’s cat
ordinance. She said that she would like
to see cats leased and licensed. She
said that she has a bird-feeding station and neighbors’ cats have caused
problems.
David Wieringa, 5565 40th Ave., said that
he was the one who had submitted the letter in the Board packets requesting
that the Board rezone his property from Industrial to residential. He asked what the board had decided and was
told by the supervisor that the board would consider the request concurrently
with a submitted application for a rezoning so that they could be advertised
together to save money for the Township.
Victor Good, 1564 Honeybrook Dr., said that “Child
Watch” signs had been damaged and needed replacement. He said that a street light was at an
angle. He said that there was a problem
with people putting signs on the corner of his property without permission and
asked that a “Do Not Litter” sign be placed on the stop sign.
Bill Ward, Sergeant Ottawa County Sheriff’s
Department, said that he would bring a cat ordinance to the committee.
#050328-19 - Reports from Standing Committees
Water/Sewer
Committee Minutes of 3-14-05 were presented.
Services
Committee Minutes of 3-21-05 were presented.
R.
J. Poel said that the members of the Election Commission had to sign the
resolution for the additional precincts and that the permit had been renewed
for the mailing which would save the Township approximately $2,500.
#050328-20 - Monthly Bills
Moved
by R. J. Poel, seconded by Richard VanderKlok, to approve payment of bills in the amount of $685,804.37.
MOTION
CARRIED.
#050328-21 - Meeting adjourned at 8:12 p.m.
William Holland, Supervisor
R.
J. Poel, Clerk