MINUTES OF THE REGULAR MEETING OF THE GEORGETOWN CHARTER TOWNSHIP BOARD HELD APRIL 11, 2005, 7:30 p.m.

 

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

 

Prayer for guidance by R. J. Poel

 

Pledge of Allegiance to the Flag

 

Roll Call

Present:            Bill Holland, Daniel Carlton, R. J. Poel, Del South, Richard VanderKlok, Dale Mohr,

Stanley Sterk

Absent: none

 

#050411-01 - Public Comments

 

Terry Kooienga, 6962 Kayboer Dr., said that he had received a letter from the Township dated March 29, 2005 stating that he must remove his garden from the property south of his property.  He said that he had been gardening on property east of his property for over 25 years.  He submitted a letter and asked that the Township give him permission to continue gardening on the Township property.  The matter was referred to the Utilities/Facilities Committee.

 

#050411-02 - Approval of agenda as presented for April 11, 2005

 

Moved by R. J. Poel, seconded by Del South, to add an item to the agenda regarding the initiation of a Zoning Ordinance amendment and rezoning.

 

MOTION CARRIED.

 

Moved by R. J. Poel, seconded by Del South, to approve the agenda for April 11, 2005, as presented with the addition.

 

MOTION CARRIED.

 

#050411-03 - Communications, letters and reports: Received for information, to be filed:

 

A.     Code Enforcement Officer’s March 2005 Monthly Report

B.     Fire Department Monthly Report for March 2005

C.     Policy 2005-01 (final copy without footnotes)

D.     Policy 2005-02 (final copy without footnotes)

E.      Senior Center February and March 2005 Reports

 

The Supervisor gave an update regarding the hiring of a Senior Center Director.

 

#050411-04 - Consent agenda

 

a.         Approval of minutes of the regular board meeting held on March 28, 2005

b.         Monthly Bills

 

Moved by Dale Mohr, seconded by Daniel Carlton, to approve the consent agenda as presented.

 

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

           VanderKlok

Nays:  none

 

MOTION CARRIED.

 

#050411-05 - Second Reading and Adoption of Ordinance No. 2005-02, Disorderly Persons

Ordinance

 

Moved by Del South, seconded by Dale Mohr, to read for the second time and adopt Ordinance No. 2005-02, Disorderly Persons Ordinance, as follows, with the deletion of Section 38-80(a) and (b):

 

Note:                As recommended by the Services/Program Committee

 

Daniel Carlton said that Sec. 38-72(1) and 38-80 should be removed because they affect peak traffic times.  Stan Sterk said that Grand Rapids had the same ordinance for construction.  R. J. Poel said that the ordinance was in response to complaints.  Bill Ward said that he understood that in regards to Sec. 38-72 the Township Board would be able to okay a permit for road construction during restricted times.  Stan Sterk said that it was unlikely that the ZBA would grant a variance because they were strict with ordinances once they were written and a variance has to meet certain standards.  Daniel Carlton said that the Zoning Board of Appeals did not have the authority to grant a variance because this was a general ordinance, not a zoning ordinance.

 

Moved by Del South, seconded by Bill Holland, to refer the item back to the Services/Program Committee.

 

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 April 5, 2005, 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.

 

#050411-06 - Introduction and First Reading of Ordinance No. 2005-05 State Plumbing Code

Ordinance

 

Moved by Richard VanderKlok, seconded by R. J. Poel, to introduce and read for the first time Ordinance No. 2005-05, State Plumbing Code Ordinance, as follows:

 

ORDINANCE NO. 2005-05

State Plumbing Code Ordinance;

 

An ordinance to designate an enforcing agency to discharge the responsibility of the Charter Township of Georgetown, Ottawa County, Michigan, under the provisions of the State Construction Code Act, 1972 PA 230.

 

The Charter Township of Georgetown ordains:

 

Section 1.  AGENCY DESIGNATED.  Pursuant to the provisions of the Michigan Plumbing Code, in accordance with Section 8b(6) of 1972 PA 230, the Building Code Official of the Charter Township of Georgetown, is hereby designated as the enforcing agency to discharge the responsibility of the Charter Township of Georgetown under 1972 PA 230, State of Michigan.  The Charter Township of Georgetown assumes responsibility for the administration and enforcement of said Act throughout its corporate limits.

 

Section 2.  REPEALS.  All ordinances inconsistent with the provisions of this ordinance are hereby repealed.

 

Section 3.  PUBLICATION.  This ordinance shall be effective after legal publication and in accordance with provisions of the Act governing same.

 

Effective Date.  This ordinance shall become effective upon approval from the State Bureau of Construction Codes.  This ordinance was read for the first time on April 11, 2005, published on                 , read for the second time and adopted by the Georgetown Charter Township Board on                            , and published for the second time on               , and effective upon approval from the State Bureau of Construction Codes.

 

Adopted this                 day of                           ,           (Year).

This ordinance duly adopted on                         at a regular meeting of the Georgetown Charter Township Board and will become effective upon approval from the STATE BUREAU OF CONSTRUCTION CODES AND NO SOONER THAN THE THIRTIETH DAY AFTER PUBLICATION AFTER ADOPTION.

 

Date:                            ,           (Year).

 

Signed:                                                                                                            

            R. J. Poel, Clerk of the Charter Township of Georgetown

 

Attested:                                                                                                            

               William Holland, Supervisor of the Charter Township of Georgetown

 

Note:                As recommended by the Services/Program Committee

 

            MOTION CARRIED.

 

#050411-07 - Election Expense for May Election

 

Moved by R. J. Poel, seconded by Daniel Carlton, to approve the Election Expenses for the following: Postal Permit; Printing of 32,000 of Voter I.D. Cards, Postage to mail 32,000 Voter I.D. Cards, Shipping Charge to Jenison Post Office, Printing of new Precinct Maps, Training for all Precinct Chairs, 6 New Precinct signs for three new Precincts, Should not exceed $7500.00. The Township will be reimbursed a percentage by all three School Districts, Jenison, Hudsonville, and Grandville.  Ottawa County Clerk Office will recover costs from above School Districts.  Estimated recovery 40 – 50 % and to amend the budget for the above from the fund balance.

 

R. J. Poel stated that there was no verbiage to pay for the election training and that the Township would have to pay for it.

 

MOTION CARRIED.

 

#050411-08 - Purchase Banners for Beautification Program

 

Moved by R. J. Poel, seconded by Richard VanderKlok, to approve the purchase of 23 banners as part of the new Beautification Program for a total cost of $1995.00 and to amend the budget from the general fund

 

Bill Holland said that the banners were part of his beautification program and that the Chamber would be cost-sharing for the payment.  He said that the banners would be up for 5 months each year for a two year period.  He said that they would be 5 feet by 30 inches and located inside the utility poles.  He said that Consumers Power and the Road Commission have already given approval.

 

Note:                As recommended by the Committee of the three full time officials

 

Yeas:    Bill Holland, R. J. Poel, Del South, Dale Mohr, Stanley Sterk, Richard VanderKlok

Nays:   Daniel Carlton

 

MOTION CARRIED.

 

#050411-09 - 2005 Calcium Chloride Application for Dust Control

 

Moved by Daniel Carlton, seconded by Bill Holland, to approve the total estimated cost of $10,710.00 for Chloride Program 2005 from the Ottawa County Road Commission, as presented in the Estimate from the Road Commission

 

            Note:                Only to be used if needed and requested

 

            MOTION CARRIED.

 

#050411-10 - Initiate Zoning Ordinance Amendment

 

Moved by Daniel Carlton, seconded by Stanley Sterk, to initiate a Zoning Ordinance amendment to Chapter 24 to include Balsam Dr. in footnote (b) ii to require that setbacks on Balsam Dr. be measured from a point 60 feet from the centerline of the street to be consistent with 28th Ave. and to clarify what was intended when 28th Ave. was included in the footnote, as follows:

Chapter 24, footnote (b) ii

Balsam Dr.

 

Note:    It was stated that this is a clarification of what had been intended when the ordinance was adopted for the future widening of 28th Ave.  The original intention had been to prepare for the future widening of 28th Ave. and the street name changes at a point south of Port Sheldon..

 

MOTION CARRIED.

 

#050411-11 - Initiate Rezoning 5565 40th Ave.

 

Moved by Del South, seconded by Stanley Sterk, to initiate a rezoning for 5565 40th Ave., P.P. #70-14-31-200-076 from I to LDR

 

MOTION CARRIED.

 

#050411-12 – Public Comment

 

No one was present to speak at this time.

 

#050411-13 - Announcement of any scheduled meeting of interest to board members

 

R. J. Poel stated that the Services Committee would meet Monday at 7:30 a.m.

 

#050411-14 - Reports from Standing Committees

 

Services Committee minutes of 4/6/2005 were presented.

 

R. J. Poel presented a sample showing the new way to mark a ballot by filling the ovals and he said that they were sending out absentee ballots.

 

Bill Holland said that the beautification program has begun with the cleanup of trees and brush along the railroad tracks near Main St. along with the placement of wood chips along the tracks.  He said that he has had conversations with property owners in the area and they have promised to clean up their properties and parking lots.  He said that his objective was to clean up the Township and beautify the area. 

 

#050411-15 - Meeting adjourned at 8:12 p.m.

 

 

                                               

William Holland, Supervisor

 

                                               

R. J. Poel, Clerk