December 9, 2014 a Regular Meeting of the Board Of

Charter Township of Canton Board Proceedings – December 9, 2014

A regular meeting of the Board of Trustees of the Charter Township of Canton was held Tuesday, December 9, 2014 at 1150 Canton Center S., Canton, Michigan. Supervisor LaJoy called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance to the Flag.

Roll Call Members Present: Anthony, Bennett, LaJoy, McLaughlin, Sneideman, Williams, Yack Staff Present: Director Bilbrey-Honsowetz, Director Faas, Director Mutchler, Deputy Chief Newsome, Director Trumbull, Kristin Kolb, Guests Present: David Williams and Matt Pepper, Michigan Humane Society Danny Veri, Livonia Builders

Adoption of Agenda Motion by Bennett, supported by Anthony to approve the agenda as presented. Motion carried unanimously.

Approval of Minutes Motion by Bennett, supported by Williams to approve the Board Minutes of November 25, 2014 as presented. Motion carried unanimously.

Recognition: Police Department Promotion Recognitions:

Supervisor LaJoy acknowledged the following promotions and awarded the promotion badges:

Promotion to Lieutenants: Chad Baugh & Michael Steckel

In their new positions, these men will serve as platoon commanders in the patrol division, overseeing the daily operations of their respective shifts made up of sergeants, patrol officers & PSSO’s. In addition, they will also be responsible for providing training, direction and motivation of subordinate personnel toward the accomplishment of the department’s established goals and objectives.

Chad Baugh was hired as an Officer by the Canton Police Department in 1996, and was promoted to the rank of Sergeant in 2008. He earned his Bachelor’s Degree in Criminal Justice from Madonna University; his Masters in Technology/Public Safety Emergency Management from Eastern Michigan University; and is a graduate of Eastern Michigan University’s Police Staff & Command School.

Chad has held numerous special assignments including that of Detective Bureau Supervisor, Detective Bureau Investigator, Field Training Officer, and served as a member of the department’s elite Honor Guard.

Michael Steckel was hired as an Officer by the Canton Police Department in 1995, and was promoted to the rank of Sergeant in 2011. He earned his Bachelor’s Degree in

December 9, 2014 1

Business Administration from Eastern Michigan University, and is a graduate of Michigan State University’s Police Staff & Command School. Mike has held numerous special assignments including that of Detective Bureau Investigator, and Field Training Officer. Early in his career, Mike was selected as the department’s first School Liaison Officer.

Promotion to Sergeants: Joseph Bialy, Matthew Jenkinson, Edward Johnson, & Aaron Mickey

The following employees are being recognized for their recent promotion to the rank of Sergeant with the Canton Police Department:

 Sergeant Joseph Bialy, 10 years of service  Sergeant Matthew Jenkinson, 23 years of service  Sergeant Edward Johnson, 12 years of service  Sergeant Aaron Mickey, 12 years of service

In their new position, these officers will serve as platoon supervisors providing leadership, training and direction to road patrol officers. They will also be responsible for administrative assignments and special projects, under the leadership of their assigned shift commander.

Clerk Bennett administered the Oath of Office to the officers.

Citizen’s Non-Agenda Item Comments: None

Payment of Bills: Motion by McLaughlin, supported by Williams to approve payment of the bills as presented. Motion carried unanimously.

Expenditure Recap for December 9, 2014

101 GENERAL FUND 1,025,032.38 206 FIRE FUND 421,242.31 207 POLICE FUND 695,277.65 208 SUMMIT OPERATING 77,789.10 230 CABLE TV FUND 11,551.76 248 DOWNTOWN DEV AUTHORITY 66,122.00 261 E-911 UTILITY 275.68 274 FEDERAL GRANTS FUND 37,110.00 402 CAP PROJ - BUILDING CONSTRUCTION 12,770.73 403 CAP PROJ - ROAD PAVING 17,715.05 584 GOLF FUND 37,913.96 592 WATER & SEWER FUND 1,825,344.87 661 FLEET MAINTENANCE 53,540.90 701 TRUST & AGENCY FUND 1,309.00

December 9, 2014 2

702 CONSTRUCTION ESCROWS: 5,661.00 736 POST EMPLOYMENT BENEFITS 119,990.02 TOTAL - ALL FUNDS 4,408,646.41

CONSENT CALENDAR:

Item C-1. Consider Authorizing Payment of Canton's Public Water Supply Annual Fee to the State of Michigan. (MSD)

Motion by Bennett, supported by Williams to authorize payment of Canton’s Public Water Supply Annual Fee to the State of Michigan in the amount of $16,884.77. Motion carried unanimously.

Michigan’s Safe Drinking Water Act requires community water systems to pay an annual fee. This fee pays for such services as periodic inspections, monitoring of water quality, permitting, and construction plan reviews. Canton Township has paid this fee since 1993, and the fee is based on population served.

Item C-2. Consideration of second reading and adoption of an ordinance amending Chapter 70, Traffic and Vehicles, of the Canton Township Code of Ordinances by adding a new Section 70-6 to regulate parking on the streets of Canton Township. (Supv)

Motion by Bennett, supported by Williams to remove from the table and hold the second reading of an amendment to the Township Code of Ordinances, Chapter 70, Traffic and Vehicles, by adding a new Section 70-6. Motion carried unanimously.

Motion by Bennett, supported by Williams to declare the text amendment adopted, and direct the publication of the text amendment on December 18, 2014, which shall be the effective date.

STATE OF MICHIGAN COUNTY OF WAYNE CHARTER TOWNSHIP OF CANTON

CHAPTER 70

AN ORDINANCE TO AMEND CHAPTER 70, VEHICLES AND TRAFFIC, OF THE CHARTER TOWNSHIP OF CANTON CODE OF ORDINANCES, TO ADD A NEW SECTION 70-6 REGULATING PARKING ON THE STREETS OF CANTON TOWNSHIP.

THE CHARTER TOWNSHIP OF CANTON ORDAINS: SECTION 1. AMENDMENT TO CODE

December 9, 2014 3

Chapter 70 of the Charter Township of Canton Code of Ordinances is hereby amended to add a new Section 70-6 to read as follows:

Sec. 70-6. Stopping, standing or parking. (a) Except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer or traffic control device, no person shall stop, stand, or park a vehicle:

(1) On a sidewalk; (2) Within an intersection; (3) On a crosswalk; (4) On any railroad tracks; (5) Within 300 feet of any accident at which police officers are in attendance; (6) In front of a public or private driveway; (7) Within 15 feet of a fire hydrant; (8) On a street or highway within 15 feet of a mailbox, or in any other way to obstruct the delivery of the mail to a mailbox by a carrier of the United State Postal Service, between the hours of 8:00 am and 6:00 pm on scheduled mail delivery days.

SECTION 2. VIOLATION AND PENALTY

Any person or entity found responsible for a violation of this Ordinance shall be guilty of a civil infraction and may be fined a civil not more than $100.00, plus any costs and fees that may be imposed by the court.

SECTION 3. SEVERABILITY

If any clause, sentence, section, paragraph or part of this Ordinance, or the application of thereof to any person, firm, corporation, legal entity or circumstances, shall be for any reason adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalid the remainder of this Ordinance. It is hereby declared to the legislative intent of this body that the Ordinance is severable, and that the Ordinance would have been adopted had such invalid or unconstitutional provisions not have been included in this ordinance.

SECTION 4. REPEAL OF CONFLICTING ORDINANCES

All Ordinance or parts of Ordinance is conflict herewith is hereby repealed only to the extent necessary to give this Ordinance full force and effect.

SECTION 5. SAVINGS CLAUSE

All rights and duties which have matured penalties which have been incurred, proceedings which have begun and prosecution for violations of law occurring before the effective date of this Ordinance are not affected or abated by this Ordinance.

SECTION 6. PUBLICATION

December 9, 2014 4

The Clerk for the Charter Township of Canton shall cause this Ordinance to be published in the manner required by law.

SECTION 7. EFFECTIVE DATE

This Ordinance, as amended, shall take full force and effect upon publication as required by law.

CERTIFICATION

The foregoing Ordinance was duly adopted by the Township Board of Trustees of the Charter Township of Canton at its regular meeting called and held on the 9th day of December, 2014, and was ordered to be given publication in the manner required by law. Terry G. Bennett, Clerk Introduced: November 25, 2014 Adopted: December 9, 2014 Published: December 18, 2014 Effective: December 18, 2014

Following receipt of a complaint from a resident whose neighbor routinely parks his vehicle so as to block delivery of her mail, it was discovered that Canton has no ordinances regulating parking on Township streets. In addition, Public Safety receives numerous complaints about access to sidewalks, access to mailboxes etc. The proposed text amendment would prohibit any parking of a motor vehicle that results in the obstruction of a sidewalk, and intersection, railroad tracks, fire hydrants, and, of course, mailboxes, among other things. Violation of the ordinance is a civil infraction with a $100 fine.

Item C-3. Consider Approval of a Metro-Act Permit for New Par d/b/a Verizon Wireless. (Legal)

Motion by Bennett, supported by Williams to authorize the Township Supervisor to execute contract approving a twenty (20) year permit for New Par d/b/a Verizon Wireless Metro-Act Right-of-Way Telecommunications Permit. Motion carried unanimously.

On June 19, 2003 Canton Township’s Telecommunication Ordinance No. 157 became effective. Under this ordinance the Township must not unreasonably withhold the issuance to the telecommunication providers, after proper application, permits to occupy and use the public right of way.

On October 9, 2014 New Par d/b/a Verizon Wireless submitted an application to the Township for a twenty (20) year permit to install various overhead and underground utilities within the Township

December 9, 2014 5 RIGHT-OF-WAY TELECO~CATIONS PERMIT This pennit is issued this I O~ayof ~1a1014, by the Charter Township of Canton, Wayne County, Michigan

1. Definitions

1.1 Date ofIssuance means the date set forth above.

1.2 METRO Act means the Metropolitan Extension Telecommunications Rights of way Oversight Act, Act No. 48 of the Public Acts of2002, as amended.

1.3 Township means the Charter Township of Canton, 1150 Canton Center Road S, Canton, MI 48188

1.4 Company means New Par, a Delaware partnership d/b/a Verizon Wireless, One Verizon Way, Mailstop 4AW100, Basking Ridge, New Jersey 07920

1.5 Public Right-of-Way means the area on, below, or above a public roadway, highway, street, alley, easement, or waterway, to the extent that Township has the ability to grant the rights set forth in this Pennit. Public Right-of-Way does not include aFederal, State, or private right-of-way.

1.6 Telecommunications Facilities or Facilities means the Company's equipment or personal property, such as copper and fiber cables, lines, wires, switches, conduits, pipes, and sheaths, which are used to or can generate, receive, transmit, carry, amplifY or provide wireless telecommunication services or signals.

2. Grant

2.1 Township issues a pennit under the METRO Act to Company for access to and ongoing use of the Public Right-of-Way identified on Exhibit A to construct, install and maintain Telecommunication Facilities on the terms set forth herein.

2.1.1 The Township Engineer or hislher designee may modifY and expand Exhibit A upon written request by Company.

2.1.2 Any decision of the Township Engineer or hislher designee on a request by Company for a modification may be appealed by Company to the Township Supervisor, and then to Township Board.

2.2 Overlashing. Company shall not allow the wires or any other facilities of a third party

1 to be overlashed to the Telecommunications Facilities without Township's prior written consent. Township's right to withhold written consent is subject to the authority of the Michigan Public Service Commission under Section 361 of the Michigan Telecommunications Act, MCL § 484.2361.

2.3 Nonexclusive. The rights granted by this Permit are nonexclusive. Township reserves the right to approve, at any time, additional pennits for access to and ongoing usage of the Public Right-of-Way by telecommunications providers and to enter into agreements for use of the Public Right-of-Way with and grant franchises for use of the Public Right-of-Way to telecommunications providers, cable companies, utilities and other providers.

3. Contacts. Maps and Plans

3.1 Company Contacts. The names, addresses and the like for engineering and construction related information for Company and its Telecommunication Facilities are as follows:

3.1.1 The address, e-mail address, phone number and contact person at Company's local office is Douglas Weber 24242 Northwestern Highway, Southfield, MI 48075 (248) 915-3560 [email protected]

3.1.2 The name, title, address, e-mail address and telephone numbers of Company's engineering contactperson(s) with responsibility for the design, plans and construction of the Telecommunication Facilities. is John McCormick, . Construction Manager, Verizon Wireless 24242 NorthwestemHighway, Southfield, MI 48075 (248) 915-3550 ;[email protected]

3.1.3 The address, phone number and contact person at Company's home office/regional office with responsibility for engineering and construction related aspects of the Telecommunication Facilities is John McConnick, Construction Manager, Verizon Wireless 24242 Northwestern Highway, Southfield, MI 48075 (248) 915-3550 [email protected]

3.1.4 Company shall at all times provide Township Supervisor and Township Engineer with the phone number at which a live representative of Company (not voice mail) can be reached 24 hours a day, seven (7) days a week, in the event of a public emergency. (In the event of an emergency call 1-866-862-4404).

3.1.5 Company shall immediately notify Township in writing as set forth in Part 12 of any inaccuracies or changes in the preceding information.

2 3.2 Route Maps. Within ninety (90) days after the substantial completion of new Facilities in the Township, a provider shall submit route maps showing the location of .the Telecommunication Facilities to both the :M:ichiganPublic Service Commission and to the Township, as required under Section 6(7) of the METRO Act, MCLA 484.3106(7).

3.3 As-Built Records. Company, without expense to Township, shall, upon 48 hours' notice, give Township access to all "as-built" maps, records, plans and specifications showing the Telecommunication Facilities or portions thereof in the Public Right- of-Way. Upon request by Township, Company shall inform Township as soon as reasonably possible of any changes from previously supplied maps, records, or plans and shall markup maps provided by Township to show the location of the Telecommunication Facilities.

4. Use of Public Right-of-Way

4.1 No Burden on Public Right-of-Way. Company, its contractors, subcontractors, and the Telecommunication Facilities shall not unduly burden or interfere with the present or future use of any of the Public Right-of-Way. Company's aerial cables and wires shall be suspended to not endanger or injure persons or property in or about the Public Right-of Way. If Township reasonably determines that any portion of the Telecommunication Facilities constitutes an undue burden or interference, due to changed circumstances, Company, at its sole expense, shall modify the Telecommunication Facilities or take such other actions as Township may determine is in the public interest to remove or alleviate the burden, and Company shall do so within a reasonable time period. Township will attempt to require all occupants of a pole or conduit whose facilities are a burden to remove or alleviate the burden concurrently.

4.2 No Prioritv. This Permit does not establish any priority of use of the Public Right-of Way by Company over any present or future Companies or parties having agreements with Township or franchises for such nse. In the event of any dispute as to the priority of use of the Public Right-of-Way, the first priority shall be to the public generally, the second priority to Township, the third priority to the State of Michigan and its political subdivisions in the performance of their various functions, and as between other permit, agreement or franchise holders, as determined by Township in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Michigan.

4.3 Restoration of Property. Company, its contractors and subcontractors shall immediately (subject to seasonal work restrictions) restore, at Company's sole expense, in a manner approved by Township Engineer, any portion of the Public Right- of-Way that is in any way disturbed, damaged, or injured by the construction, installation, operation, maintenance or removal of the Telecommunication Facilities to a reasonably equivalent (or, at Company's option, better) condition as that \vhich existed prior to t.1Je distuIban,ce.

3 In the event that Company, its contractors or subcontractors fail to make such repair within a reasonable time, Township may make the repair and Company shall pay the costs Township incurred for such repair.

4.4 Marking. Company shall mark the Telecommunication Facilities as follows: Aerial portions of the Telecommunication Facilities shall be marked with a marker on Company's lines on alternate poles, which shall state Company's name and provide a toll-free number to call for assistance. Direct buried underground portions of the Telecommunication Facilities shall have (1) a conducting wire placed in the ground at least several inches above Company's cable (if such cable is nonconductive); (2) at least several inches above that, a continuous colored tape with a statement to the effect that there is buried cable beneath; and (3) stakes or other appropriate above ground markers with Company's name and a toll-free number indicating that there is buried telephone cable below. Bored underground portions of the Telecommunication Facilities shall have a conducting wire at the same depth as the cable and shall not be required to provide the continuous colored tape. Portions of the Telecommunication Facilities located in conduit, including conduit of others used by Company, shall be marked at its entrance into and exit from each manhole and hand hole with Company's name and a toll-free telephone number.

4.5 Tree Trimming. Company may trim trees upon and overhanging the Public Right-of Way to prevent the branches of such trees from coming into contact with the Telecommunication Facilities, consistent with any standards adopted by Township. Company shall dispose of all trimmed materials. Company shall minimize the trimming of trees to that essential to maintain the integrity of the Telecommunication Facilities. Except in emergencies, all trimming of trees in the Public Right-of-Way shall have the advance approval of Township Supervisor or hislher designee.

4.6 Installation and Maintenance. The construction and installation of the Telecommunication Facilities shall be performed pursuant to plans approved by Township. The open cut of any Public Right-of-Way shall be coordinated with the Township Supervisor or hislher designee. Company shall install and maintain the Telecommunication Facilities in a reasonably safe condition. If the existing poles in the Public Right-of-Way are overburdened or unavailable. for Company's use, or the facilities of all users of the poles are required to go underground, then Company shall, at its expense, place such portion of its Telecommunication Facilities undergroUnd, unless Township approves an alternate location. Company may perform maintenance on the Telecommunication Facilities without prior approval of Township, if Company shall obtall all permits required by Township in the event that any maintenance will disturb or block vehicular traffic or are otherwise required by Township.

4.7 Pavement Cut Coordination. Company shall coordinate its construction and all other work in the Public Right-of-Way with Township and County program for street

4 construction and rebuilding (collectively "Street Construction") and its program for street repaving and resurfacing (except seal coating and patching) (collectively "Street Resurfacing"). The goals of such coordination shall be to encourage Company to conduct all work in the Public Right-of-Way in conjunction with or immediately prior to any Street Construction or Street Resurfacing planned by Township and County.

4.8 Compliance with Laws. Company shall comply with all laws, statutes, ordinances, rules and regulations regarding the construction, installation, and maintenance of its Telecommunication Facilities, whether Federal, State or local, now in force or which may be promulgated. Before any installation is commenced, Company shaU secure all necessary permits, licenses and approvals from Township or other governmental entity as may be required by law, including, without limitation, all utility line p=its and highway permits. Company shall comply in aU respects with applicable codes and industry standards, including but not limited to the National Electrical Safety Code (latest edition adopted by Michigan Public Service Commission) and the National Electric Code (latest edition). Company shall comply with all zoning and hind use ordinances and historic preservation ordinances.

4.9 Street Vacation. If Township or County vacates or consents to the vacation of Public Right-of-Way within its jurisdiction, and such vacation necessitates the removal and relocation of Company's Facilities in the vacated Public Right-of-Way, Company shall, as a condition of this Permit, consent to the vacation and remove its Facilities at its sole cost and expense when ordered to do so by Township or County or a court of competent jurisdiction. Company shall relocate its Facilities to such alternate route as Township, applying reasonable engineering standards, shall specify.

4.10 Relocation. If Township requests Company to relocate, protect, support, disconnect, or remove its Facilities because of street or utility work, or other public projects, Company shall relocate, protect, support, disconnect, or remove its Facilities, at its sole cost and expense, including where necessary to such alternate route as Township, applying reasonable engineering standards, shall specify. The work shall be completed within a reasonable time. If the Township requests a relocation they will make every effort to give reasonable notice of the relocation and to provide alternate equipment locations.

4.11 Public Emergency. Township shall have the right to sever, disrupt, dig-up or otherwise destroy Facilities of Company if such action is necessary because of a public emergency. If reasonable to do so under the circumstances, Township will attempt to provide notice to Company. Public emergency shall be any condition which poses an immediate threat to life, health, or property caused by any natural or man-made disaster, including, but not limited to, storms, floods, fire, accidents, explosions, water main breaks, hazardous material spills, etc. Company shall be responsible for repair at its sole cost and expense of any of its Facilities damaged pursuant to any such action taken by Township.

5 4.12 Miss Dig. If eligible to join, Company shall subscribe to and be a member of "MISS DIG," the association of utilities fonned pursuant to Act 53 of the Public Acts of 1974, as amended, MCL § 460.701 et seq., and shall conduct its business in conformance with the statutory provisions and regulations promulgated thereunder.

4.13 Underground Relocation. If Company has its Facilities on poles of Consumers Energy, Detroit Edison or another electric or telecommunications provider and Consumers Energy, Detroit Edison or such other electric or telecommunications provider relocates its system underground, then Company shall relocate its Facilities underground in the same location at Company's sole cost and expense.

4.14 Identification. All personnel of Company and its contractors or subcontractors who have as part of their normal duties contact with the public shall wear on their clothing a clearly visible identification card bearing Company's name, their name and photograph. Company shall account for all identification cards at all times. Every service vehicle of Company and its contractors or subcontractors shall be clearly identified as such to the public, such as by a magnetic sign with Company's name and telephone number.

5. Indemnification

5.1 Indemnity. Company shall defend, indemnify, protect, and hold harmless Township, its officers, agents, employees, elected and appointed officials, departments, boards, and commissions from any and all claims, losses, liabilities, causes of action, demands, judgments, decrees, proceedings, and expenses of any nature (collectively "claim" for this Part 5) (including, without limitation, attorneys' fees) arising out of or resulting from the acts or omissions of Company, its officers, agents, employees, contractors, successors, or assigns, but only to the extent such acts or omissions are related to the Company's use of or installation offacilities in the Public Right-of-Way and only to the extent of the fault or responsibility of Company, its officers, agents, employees, contractors, successors and assigns.

5.2 Notice, Cooperation. Township will notify Company promptly in writing of any such claim and the method and means proposed by Township for defending or satisfying such claim. Township will cooperate with Company in every reasonable way to facilitate the defense of any such claim. Township will consult with Company respecting the defense and satisfaction of such claim, including the selection and direction of legal counsel.

5.3 Settlement. Township will not settle any claim subject to indemnification under this Part 5 without the advance written consent of Company, which consent shall not be unreasonably withheld. Company shall have the right to defend or settle, at its own expense, any claim against Township for which Company is responsible.

5 6. Insurance

6.1 Coverage Required. Prior to beginning any construction in or installation of the Telecommunication Facilities in the Public Right-of-Way, Company shall obtain insurance as set forth below and file certificates evidencing it with Township. Such insurance shall be maintained in full force and effect until the end of the Term. In the alternative, Company may satisfY this requirement through a program of self- insurance, acceptable to Township, by providing reasonable evidence of its financial resources to Township. Township's acceptance of such self-insurance shall not be unreasonably withheld.

6.1.1 Commercial general liability insurance, including Completed Operations Liability and coverage for property damage from perils of explosion, collapse or datpage to underground utilities, commonly known as XCU coverage, in an amount not less than Two Million ($2,000~000) Dollars.

6.1.2 Automobile liability insurance in an amount not less than One Million ($1,000,000) Dollars.

6.1..3 Workers' compensation and employer's liability insurance with statutory limits, and any applicable Federal insurance of a similar nature.

6.1.4 The coverage amounts set forth above may be met by a combination of underlying (primary) and umbrella policies so long as in combination the limits equal or exceed those stated. If more than one insurance policy is purchased to provide the coverage amounts set forth above, then all policies providing coverage limits excess to the primary policy shall provide drop down coverage to the first dollar of coverage and other contractual obligations of the primary policy, should the primary policy carrier not be able to perform any of its contractual obligations or not be collectible for any of its coverages for any reason during the Term, or (when longer) for as long as coverage could have been available pursuant to the terms and conditions of the primary policy.

6.2 Additional Insured. Township shall be listed as an additional insured on all policies (other than worker's compensation and employer's liability). All insurance policies shall provide that they may not be canceled, modified or not renewed unless the insurance carrier endeavors to provide thirty (30) days prior written notice to Township. Company shall annually provide Township with a certificate of insurance evidencing such coverage. All insurance policies (other than environmental contamination, workers' compensation and employer's liability insurance) shall be written on an occurrence basis and not on a claims made basis.

7 63 Qualified Insurers. All insurance shall be issued by insurance carriers licensed to do . business by the State of Michigan or by surplus line carriers on the Michigan Insurance Commission approved list of companies qualified to do business in Michigan.

6.4 Contractors. Company's contractors and subcontractors working in the Public Right-of Way shall carry in full force and effect commercial general liability, environmental contamination liability, automobile liability and workers' compensation and employer liability insurance which complies with all terms of this Part 6. In the alternative, Company, at its expense, may provide such coverages for any or all its contractors or subcontractors (such as by adding them to Company's policies).

7. Term

7.1 Term. The term ("Term") of this Permit shall be until the earlier of:

7.1.1 November 1,2034; or

7.1.2 When the Telecommunication Facilities has not been used to provide telecommunications services for a period of one hundred and eighty (180) days by Company or a successor or an assignee of Company; or

7.1.3 When Company, at its election and with or without cause, delivers written notice of termination to Township at least one-hundred and eighty (180) days prior to the date of such termination; or .

7.1.4 Upon either Company or Township giving written notice to the other of the occurrence or existence of a default by the other party under Sections 4, 5, 6, 7, 8, 90r 10 of this Permit and such defaulting party failing to cure, or commence good faith efforts to cure, such default within sixty (60) days (or such shorter period of time provided elsewhere in this Permit) after delivery of such notice; or

7.1.5 Unless Township Supervisor or his/her designee grants a written extension, one year from the Date of Issuance if prior thereto Company has not started the construction and installation of the Telecommunication Facilities within the Public Right-of-Way and two years from the Date of Issuance if by such time construction and installation of the Telecommunication Facilities is not complete.

8. Performance Bond or Letter of Credit

8.1 Municipal Requirement. Township may require Company to post a bond or letter of credit as provided in Section 15(3) of the METRO Act, as amended

8 [MCL§ 484.3115(3)].

9. Fees

9.1 Establishment; Reservation. The METRO Act shall control the establishment of right-of way fees. The parties reserve their respective rights regarding the nature and amount of any fees which may be charged by Township in connection with the public right of way.

10. Removal

10.1. Removal; Underground. As soon as practicable after the Tenn, Company or its successors and assigns shall remove any Underground wire, coaxial cable, fiber optic cable, feed wire or pull wire or other portions of the Telecommunication Facilities from the Public Right-of-Way which has been installed in such a manner that it can be removed without trenching or other opening of the Public Right-of-Way. Company shall not remove any underground wire, coaxial cable, fiber optic cable, feed wire or pull wire or other portions of the Telecommunication Facilities, which requires trenching or other opening of the Public Right-of-Way except with the prior written approval of Township Supervisor or histber designee. All removals shall be at Company's sole cost and expense. For purposes of this Section, "cable" means any wire, coaxial cable, fiber optic cable, feed wire or pull wire.

10.2 Removal; Above Ground. As soon as practicable after the Tenn, Company, or its successor or assigns at its sole cost and expense, shall, unless waived in writing by Township Supervisor or histber designee, remove from the Public Right-of-Way all above ground elements of its Telecommunication Facilities, including but not limited to poles, pedestal mounted terminal boxes, and lines attached to or suspended from poles.

10.3 Schedule. The schedule and timing of removal shall be subject to approval by Township Supervisor or histber designee. Unless extended by Township Supervisor or histber designee, removal shall be completed no later than twelve (12) months following the Tenn. Portions of the Telecommunication Facilities in the Public Right-of- Way that are not removed within such time period shall be deemed abandoned and, at the option of Township exercised by written notice to Company as set forth in Part 12, title to the portions described in such notice shall vest in Township.

11. Assignment.

11.1 Assignment. This Agreement and each Supplement under it may be sold, assigned or transferred by the LICENSEE without any approval or consent of the LICENSOR to the LICENSEE's principal, affiliates, subsidiaries of its principal or to any entity which

9 acquires all or substantially all of LICENSEE's assets in the market defined by the FCC in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Agreement and each Supplement may not be sold, assigned or transferred without the written consent of the LICENSOR, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock . ownership, partnership interest or control of LICENSEE or transfer upon partnership or corporate dissolution of LICENSEE shall constitute an assignment hereunder.

12. Notices

12.1 Notices. All notices under this Pennit shall be given as follows:

12.1.1 If to Township, to: Charter Township of Canton, 1150 Canton Center Road S., Canton, MI 48188

12.1.2 If to Company, to: New Par, a Delaware partnership d/b/a Verizon Wireless 180 Washington Valley Road, Bedminster, New Jersey 07921 Attention: Network Real Estate

12.2 Change of Address. Company and Township may change its address or personnel for the receipt of notices at any time by giving notice thereof to the other as set forth above.

13. Other items

13.1 No Cable, OVS. This Permit does not authorize Company to provide commercial cable type services to the public, such as "cable service" or the services of an "open video system operator" (as such terms are defined in the Federal Communications Act of 1934 and implementing regulations, currently 47 U.S.C.§§ 522 (6), 573 and 47 CFR § 76.1500).

13.2 Effectiveness. This Permit shall become effective when Company has provided any insurance certificates and bonds required in Parts 6 and 8, and signed the acknowledgement of receipt, below as presented in Exhibit B.

13.3 Authoritv. This Pennit satisfies the requirement for a permit under Section 5 of the METRO Act IMCL 484.3105].

13.4 Interpretation and Severability. The provisions of this Permit shall be liberally construed to protect and preserve the peace, health, safety and welfare of the public, and should any provision or section of this Pennit be held unconstitutional, invalid, overbroad or

10 otherwise unenforceable, such deterrninationlholding shall not be construed as affecting the validity of any of the remaining conditions of this Permit. If any provision in this Pennit is found to be partially overbroad, unenforceable, or invalid, Company and Township may nevertheless enforce such provision to the extent permitted under applicable law.

13.5 Governing Law. This Permit shall be govemed by the laws of the State of Michigan.

Charter Township of Canton

By: pg~L~ Its: Township S eJZiso~~ Date: I Jilt) /1 if

Its:~'::rcJl,~ Townshi Clerk Date: i!

Acknowledgement of Receipt: Company acknowledges receipt of this Permit granted by Township. New Par, a Delaware partnership d/b/a Verizon Wireless By: Verizon Wireless 0lAW) LLC, Its general partner

By: ~~~------Lynn Ramsey Its: Area Vice President Network Date:

11 Exhibit A

Public Right-of-Way to be used by Telecommunication Facilities

ExhibitB

Certificate of Insurance

GENERAL CALENDAR:

Item G-1. Consideration of an Animal Sheltering Agreement with the Michigan Humane Society, Westland Shelter. (PSD)

Motion by Bennett, supported by McLaughlin to approve the proposed Animal Sheltering Agreement between the Michigan Humane Society and Canton Township, and authorize the Township Supervisor to sign on behalf of Canton Township. Motion carried unanimously.

For the past several years, the Township has contracted with the Humane Society of Huron Valley (“HSHV”) in Ann Arbor to handle stray and injured animals found in the Township and delivered to HSHV by the Township’s animal control agent, Varmint Police. Over the past three years, the fees paid to HSHV for animal sheltering services have increased significantly, from invoices provided by HSHV compared against the terms of the contract and the invoices received from Varmint Police. Based on this review, negotiations were entered into between the Township and HSHV to revise the existing agreement to place more financial controls on the fees. After many months of discussion, on November 19th, HSHV provided the Township with a notice of termination of the existing Agreement, effective December 31, 2014.

Because of the concerns regarding the escalating costs, the Township had been exploring alternate shelters to provide this service to the Township. One of those shelters is the Michigan Humane Society Shelter in Westland. Prior to contracting with HSHV, the Township had utilized the Westland shelter. An onsite visit was conducted by Deputy Chief Newsome and Kristin Kolb, and a proposed sheltering agreement has been provided by the shelter. The proposed contract has a set $2,000/month fee for sheltering lost, stray, and injured animals, with additional charges for wildlife care, rabies tests, and other shelter-related services to be provided by the Michigan Humane Society (“MHS”). MHS will shelter lost and/or stray animals in accordance with the laws of the state of Michigan, and will also issue licenses to Canton residents who claim unlicensed strays or adopt animals from the shelter. The proposed agreement with MHS should result in a significant cost savings to the Township for animal sheltering services.

Director Mutchler explained the township is required by statute to provide animal control and service for the community. With the termination of Huron Valley Humane Society’s contract, the goal was to find an alternative agency to provide animal control. The Westland branch of the Michigan Humane Society met all our criteria. In addition to an onsite visit to the MHS Westland Shelter, we contacted several communities currently using the shelter for their services, such as Livonia, Northville Township, Redford and the City of Westland and they are all very satisfied with their service being rendered.

MHS’s policies, procedures and protocols have been evaluated by external experts including Cornell University’s School of Veterinary Medicine within the last year. Utilizing the micro- chipping, MHS has an almost 100% return rate to their owners when animals are found. MHS places 100% of healthy dogs and cats; 100% of treatable canines, and 68% of treatable felines; also they have no time limit on their adoptions. Their facility also provides 24 hour veterinary services on call.

December 9, 2014 20

Director Mutchler introduced David Williams and Matt Pepper from Michigan Humane Society (MHS) to answer questions.

Trustee Yack asked, “How is MHS structured?”

Mr. Williams replied, they are a 501c3 Organization. They operate 3 shelters in Southeast Michigan. They have been in business since 1877, first established in the city of Detroit. MHS has a budget of approximately 16.5 million dollars. MHS has a Cruelty Investigation Team (Animal Cops) that have been on the Discovery Channel. They do a lot of legislative work in Michigan.

Trustee Yack asked if anyone can establish a “Humane Society”.

Mr. Williams explained you must establish a 501c3 agency with the government, and have a name not already established by another entity.

Trustee Yack asked how many are there in Michigan.

Mr. Williams answered there are about 150 licensed by the Department of Agriculture.

Public Comments:

Shelly Pinter, 1597 E. Lakeview Ln., Canton, asked what specific board standards MHS met.

Director Mutchler explained Canton’s criteria. We needed a shelter that was a safe facility, with high standards of care. Also, it must be fiscally sound.

Ms. Pinter asked if the service would also include wildlife. She asked if “cats” were also included. Ms. Kolb explained it would cover injured, orphaned, or sick cats.

Ms. Pinter asked what would be considered “treatable” with regard to cats. Ms. Kolb explained the standard is set by MHS and their veterinarians.

Ms. Pinter asked if MHS would be able to properly serve the number of animals delivered to them. Ms. Kolb replied yes.

Jeanie Denstedt, 6800 Woonsocket, Canton, asked about the MHS lost and found policy.

Mr. Williams explained MHS feels the responsibility rests with the owner to microchip their pets. To that end, MHS will be offering “micro-chipping” clinics with low-cost, or free to those who qualify, micro chipping of pets. The MHS website allows people, who have lost their micro chipped pets, to post notices there. They do not provide a service of posting flyers at their facility.

Karen Patterson, 44661 Jeffrey Cir., Canton, questioned the hold time for stray dogs and/or cats.

December 9, 2014 21

Mr. Williams explained the state law has a mandatory minimum 4 days for stray dogs if the animal does not have indication of ownership; 7 days if the animal has traceable ownership – like a microchip. Although these are the minimum, MHS often holds them much longer. As for cats, there is no state mandated hold time for humane societies or other animal shelters, unless they intend to sell the animal for research. Mr. Williams explained selling an animal for research is absolutely against their policy and MHS will have no part of that.

Ms. Patterson asked if cats are the legal property of MHS when they come into their shelter.

Mr. Williams again explained there is no state mandatory hold time, unless this cat has bitten someone. 10 days is the mandatory hold time for a cat that bites a human. Cats that are not suffering will be held for a minimum of 4 days.

Ms. Patterson stated that Huron Valley was providing the trap/neuter/release program free of charge to Canton. She asked how MHS would be involved in the feral-cat population control.

Director Mutchler explained the township is not aware of such a program being provided by Huron Valley for Canton. He also he is not aware of it ever being established that Canton does indeed have a feral-cat problem.

Mr. Williams explained MHS operates a trap/neuter/release program. However, MHS will be working with Canton to establish guidelines related to this type of program.

Ms. Patterson stated she has heard that the Detroit shelter was ‘bursting at the seams’ and asked how MHS will handle the influx of animals from Canton.

Mr. Williams explained MHS has recently broken ground on a 35,000 square foot addition in the City of Detroit. The last major addition was in the 1950’s. This will enable MHS to better serve Southeast Michigan.

Renee Miller, 45693 Radnor, Canton, owns a rescued pit bull breed. Ms. Miller asked what the MHS policy is on handling a “bully-breed” of dog.

Mr. Williams explained MHS treats each animal by their individual personality. No animal is judged based solely on their breed or the breed’s so-called reputation.

Diane Beaga – Plymouth Resident at 12005 Chandler Drive, read a letter regarding animals living outdoors, mainly cats, but including wildlife. She advocated the fair and humane treatment of these animals.

Jennifer McLaughlin, 5761 Fairborn, Canton, inquired about the euthanasia rate of MHS. She stated the MHS actual save rate is only about 30%.

Mr. Williams explained that each organization calculates their rate slightly differently. MHS uses a standard developed by the Society of Animal Welfare Administrators called SILIMAR. This was developed because of the confusing statistics published throughout the country. MHS

December 9, 2014 22

is a truly open shelter taking in animals from all areas of southeastern Michigan. They do not turn any animals away. They take all animals, not turning away animals based on health or disposition, or any possessing other undesirable traits. They focus on what they can save – what is treatable and healthy.

Anna Latello, 9400 Warren Road, Plymouth Resident – asked if a cat came in that was FIV positive; or a dog with heartworm or an injury that would require amputation, what would MHS do for the animal.

Mr. Williams replied every effort would be made to cure/heal the animal. MHS literally spends thousands of dollars to cure/save the animals they receive and find all of them homes. They are looking for a comfortable and safe environment for the animal to heal and survive.

Ms. Latello asked about the fees charges per animal by Varmint Police. Ms. Kolb replied the township pays just over $5000 a month to Varmint Police, which has remained the same since 2008. The fees are not charged as a flat per animal fee, but differ based on the amount of service necessary each time.

George Miller, 1946 Briarfield Canton, asked how long MHS keeps a dog and why an owner can’t get their dog back if someone adopts the pet and the original owner happens to be out of town for more days than MHS keeps the dog.

Mr. Williams explained the animal is kept a minimum of 4 days before it is eligible for adoption. If an animal has traceable evidence of ownership, they will make every effort to find the owner.

Trustee Williams commented that Canton’s ordinance language has been changed to remove any discriminatory language based on breeds.

Trustee Sneideman stated as a pet owner he appreciates the citizen’s comments. Sneideman stated the contract has a 30 day “out clause” for both sides, so if things do not work out with either party this contract may be terminated. Sneideman asked why the fees have risen so much from Huron Valley Humane Society.

Ms. Kolb explained the Finance Department as well as Deputy Chief Newsome have been keeping a close watch on the rising costs. After meeting with HVHS, they discovered that Canton was being charged any fees that an owner would not pay. There were several inconsistencies in the way charges were being billed to Canton Township. Although these problems were discussed with HVHS, they were not willing to change the way they were charging Canton.

Trustee Sneideman asked how dog owners would be notified of the change to Michigan Humane Society in Westland.

Clerk Bennett explained a notice will be included in the 2015 Dog License Renewal letters, an article will be in the FOCUS, and a notice posted on the Canton Website.

December 9, 2014 23 ANIMAL SHELTERING AGREEMENT

This AGREEMENT ("Agreement") is made as of ______, by and between the CANTON TOWNSHIP whose principal address is 36601 Ford Road, Canton Township, Michigan 48185 ("Canton Township ") and THE MICHIGAN HUMANE SOCIETY whose principal address is 30300 Telegraph Road, Suite 220, Bingham Farms, MI 48025 (the "MHS").

WHEREAS, it appears to be of mutual advantage to Canton Township and the MHS to contract for the MHS to assume certain responsibilities to assist in the enforcement of the animal laws and regulations of the State of Michigan and the ordinances of Canton Township; and

WHEREAS, the parties desire to set forth the terms of their agreement in a written document.

NOW, THEREFORE, in consideration of the mutual covenants set forth below, the parties agree as follows:

SECTION I Definitions

The words and phrases used in this Agreement shall have the following meanings:

1.01 "Animal Shelter" shall mean a facility owned and operated by the MHS to care for impounded and other animals.

1.02 "Animal(s)" includes all dogs, cats, wildlife, rodents, reptiles, and all other animals commonly kept as domestic pets and livestock.

1.03 "Euthanasia" means the humane destruction of animals.

1.04 "Impounded Animals" means all dogs, cats, wildlife, rodents and all other animals commonly kept as domestic pets or livestock which are impounded (as strays or seized animals) and confined at the Animal Shelter by agents of Canton Township or others in carrying out its rabies and animal control programs.

1.05 "License Fees" means those charges to the owner of a dog which are provided for in the Canton Township ordinance establishing rates.

1.06 "Owned Animals" means any pet released directly to the MHS by the owner(s) or by any person having been entrusted by the owner(s) with the care, control, custody and right to make disposition thereof.

1.07 "Owner" means that person or those persons having all rights of ownership of the subject animal including the right to transfer ownership, but does not include employees or agents of Canton Township or other governmental agencies when acting pursuant to Canton Township ordinance, Michigan statute, or order of a court of competent jurisdiction. Prepared by Sandy Lagreca November 24October 27, 2014 1

1.08 "Pick-up Fees and Impounding Fees" means those charges to an owner upon his application to reclaim a dog which, by action of Canton Township , or others, has been impounded. Such fees shall be determined by Canton Township .

1.09 "Rabies" is a specific infectious disease of certain animals, especially dogs, which may be communicated to man by direct inoculation, as by a bite by an infected animal.

1.10 "Required Holding Period" means the time period required for holding stray animals or any animal suspected to be infected with rabies or an animal quarantined or isolated as provided by Michigan statute or Canton Township ordinance or directive or an amendment to either, whichever is greater.

SECTION II Duties of The MHS

The MHS shall, during the Term of this Agreement and any extensions thereof, perform the following duties:

2.01 Animal Shelter. Maintain an Animal Shelter in western Wayne County adequate to provide the services required by this Agreement.

2.02 Adequate Shelter for Animals. Provide adequate food, water, shelter and humane care for all animals impounded by Canton Township and delivered to the MHS, as well as such animals as are brought to the Animal Shelter from within the jurisdictional limits of Canton Township by any party until placed or otherwise humanely disposed of in accordance with the applicable laws and ordinances consistent with the provisions of this Agreement.

2.03 Cooperate with Authorities -- Animal Bites. Upon the request of authorized officers, agents and employees of Canton Township, cooperate with respect to investigations of persons bitten by animals within the jurisdictional limits of Canton Township .

2.04 Adequate Shelter -- Isolated Animals. Provide adequate food, water, shelter and humane care for any animal which is suspected of being infected with rabies, or which is quarantined or isolated at the instruction of Canton Township, for such period of time as may be required by applicable law.

2.05 Regular Business Hours. Maintain regular business hours at the Animal Shelter for the purpose of transacting business, including the performance of its duties under this Agreement and for the purpose of receiving animals, and consistent with the reasonable provisions of the ordinances of Canton Township, for accepting applications for the return of impounded animals. The MHS will make reasonable efforts, by telephone or mail, to notify

Prepared by Sandy Lagreca November 24October 27, 2014

2 owners of identifiable animals which come into the possession of the MHS.

2.06 Cooperate with Authorities -- Animal Cruelty. Upon the request of Canton Township, its residents, others or on MHS own initiative consistent with the provisions of the laws and regulations of the State of Michigan, cooperate in the investigation of reports of cruelty to animals or violations of laws and regulations relating to animal welfare.

2.07 Vaccination. Provide that all dogs of required vaccination age released by the MHS to residents of Canton Township shall have been vaccinated against rabies or have proof shown of vaccination against rabies within the legally required time period to be released. No impounded stray dogs shall be released to a resident of Canton Township until a dog license has been obtained. In the event that an impounded dog is addressed by Canton Township Code Sections 6-30 to 6-34, it will not be released to a resident until the owner is informed of the requirements set forth in these Code Sections. Upon release, the MHS shall supply Canton Township with a written report concerning the name and address of the owner and a description of the dog, including breed and type.

2.08 Pick-up Fees and Impounded Fees. Provide for the collection of Pick-up Fees and Impounding Fees. All Pick-up Fees and Impounding Fees shall be paid over by the MHS to the Canton Township treasurer within a time period not to exceed one (1) month.

2.09 Sale of Dog Licenses. Provide for the sale of dog licenses and kennel licenses. All dog license fees shall be paid over by the MHS to the Canton Township treasurer within a time period not to exceed one (1) month. No additional fee shall be charged for this service.

2.10 Records. Keep accurate financial records and account to Canton Township monthly for all fees collected on behalf of Canton Township. The MHS will permit Canton Township, upon reasonable advance notice and during normal business hours, to inspect and audit MHS records maintained pursuant to this Agreement.

2.11 Indemnification. Indemnify and hold harmless Canton Township from any and all demands, claims, judgments or causes of action, and from all expenses that may be incurred in investigating or defending against same, arising from or growing out of any act, neglect or omission of the MHS, its agents or employees, in the performance of this Agreement.

2.12 Insurance. Carry, at its own expense, insurance in an amount not less than Two Hundred Fifty Thousand dollars ($250,000) for the benefit of and to protect itself and Canton Township against all such demands, claims, judgments or cause of action; and carry at its own expense, fidelity insurance coverage in an amount not less that Fifty Thousand Dollars ($50,000) covering all of its agents or employees, who in the exercise of their duties, collect or have custody of money belonging to Canton Township.

Prepared by Sandy Lagreca November 24October 27, 2014

SECTION III Duties of Canton Township

Canton Township shall, during the Term of this Agreement and any extensions thereof, perform the following duties:

3.01 Certificate. Supply the MHS with all necessary dog license certificates, dog license tags, receipt forms, etc., to enable the MHS to carry out its duties under this Agreement.

3.02 Text of Relevant Laws. Furnish the MHS with an adequate supply of the text of all applicable laws and regulations dealing with dogs and other animals and promptly furnish the MHS with adequate copies of all new acts, amendments, regulations or other applicable legislation.

3.03 Humane Treatment. Ensure that all agents or employees of Canton Township or others acting at the direction of Canton Township charged with the duties of picking up, transporting and unloading animals do so in a humane manner.

3.04 Indemnification and Insurance. Indemnify, defend and hold harmless the MHS from any and all demands, claims, judgments or causes of action arising from or growing out of any act, neglect or omission of Canton Township , its agents or employees in the performance of this Agreement. Canton Township shall be self-insured in accordance with its membership of the Municipal Risk Authority and shall provide the MHS with evidence of such membership upon written request by the MHS.

3.05 Building Access. Shall be provided to Canton Township on a 24/7 basis. All agents of Canton Township hereby agree to exercise care and safety while utilizing MHS facilities including operating the alarm system for which a code will be granted. All agents shall properly secure the alarm system before exiting the building should after hours access be necessary. Failure to re-set alarm may result in a $25.00 fee to reset the alarm remotely through the MHS alarm system vendor. (Please note this is a pass through of a fee charged to MHS for this service).

3.06 Healthy Pet Community. The City of Canton Township shall work collaboratively with the Michigan Humane Society to achieve the elements itemized in Attachment ‘A’ to be designated a “Healthy Pet Community”. It is understood that the contract

Prepared by Sandy Lagreca November 24October 27, 2014

4 fee has been reduced 22% to reflect this commitment on the part of the City and the Michigan Humane Society. Both parties shall put forth reasonable efforts to achieve these elements with the focus of achieving the status of a “Healthy Pet Community” as determined by the Michigan Humane Society no later than six months from contract ratification.

SECTION IV Miscellaneous

4.01 Term. The Term of this Agreement shall be one (1) year, said period commencing on ______and expiring on ______(the "Term").

4.02 Termination of contract. Either party may unilaterally terminate this agreement upon thirty (30) days written notice to the other party.

4.03 Fees. Canton Township shall pay the following fees to the MHS for services under this Agreement:

A boarding/handling flat fee of $2000 1,100 shall be paid monthly by Canton Township to the MHS for animals from within the jurisdictional limits of the city impounded by action of Canton Township, or any other party, and housed or accepted by the MHS. Such fee shall cover the holding requirements or handling of animals from Canton Township as set forth by ordinance of Canton Township or the required holding period as set forth by Michigan statute. Fees shall be payable monthly by Canton Township upon receipt of an invoice from the MHS covering the previous calendar month's operations. Terms of payment are net 30 days with a one and one-half percent (1/2%) per month service charge on all past-due balances.

*In the event required stray holding days for Canton Township exceed 600 days within the contract period, MHS may charge a per day fee of $28 for each animal that falls beyond the allotted animal holding days.

Not included in the flat fee of $2,000 1,100 per month are the following listed services that require additional compensation to MHS:

A. A charge of $70.00 per animal for healthy wildlife brought to MHS by a representative of the Canton Township. Wildlife sick or injured* $35.00 per day or part thereof.

B. Wildlife brought in as part of a litter of baby animals (such as rabbits, ducks, birds, etc.) shall be charged $30.00 per litter of two or more animals from the

Prepared by Sandy Lagreca November 24October 27, 2014

5 same litter. C. A specimen preparation and handling fee of Two Hundred Dollars ($200.00) per animal required to be tested for rabies, plus any fees charged by the testing agency. Should services of an MHS veterinarian be used in the specimen preparation process, MHS at its sole discretion may charge an additional $100. The Canton Township shall be responsible for all specimen preparation and handling fees. MHS, as a courtesy, shall make an effort to collect money from owner of animal; however, the Canton Township will be billed in the event MHS is not able to collect at the time service is rendered. D. Any additional disposal fees charged to the MHS for an animal weighing over 100 pounds shall be passed along to the Canton Township.

*MHS managers and/or evaluators shall make the determination if wildlife is sick or injured.

Any additional services outside the scope of this agreement (such as holding costs for court cases or mandates from Canton Twp. to hold any animal beyond the required stray hold time at $28/day) will require payment over and above what is contracted. In the spirit of cooperation and fairness costs associated with large quantities of animals confiscated or surrendered to Canton Twp. as a result of a hoarder situation will be discussed by both parties and an amicable resolution reached should it be requested by MHS.

4.04 Animals For Which No Fee Shall Be Paid. No fees shall be assessed against Canton Township for owned animals given directly to the MHS by their owners unless such animal has bitten a human and is subject to quarantine or testing. In addition, there will be no fee for stray animals brought in by residents upon presentation of a valid identification illustrating that they are a resident of the Canton Township. No fee shall be assessed against Canton Township for wildlife within the jurisdictional limits of Canton Township impounded by action of a commercial pest control company operating independently of Canton Township unless such wildlife has bitten a human and is therefore subject to quarantine or testing.

4.05 Independent Contractor. For all purposes herein, the relationship of the MHS and Canton Township shall be that of independent contracting parties and nothing contained herein shall create or be deemed to create an employer/employee relationship, a joint venture, or any other agency relationship whatsoever.

4.06 Non-Discrimination. The parties hereto shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement with respect to his/her hire, compensation, tenure, terms, conditions, or privileges of employment or service because of his\her sex, race, color, religion, age, national origin or ancestry, and further, the parties hereto shall require similar covenants on the part of any subcontractor or agent employed in the performance of this Agreement.

4.07 No Animal Research. The MHS shall not be required at any time to release any animal for medical research or for any other purpose inconsistent with the Mission Statement or Statement of Principles and Beliefs of the MHS.

4.08 Non-Exclusivity. The MHS shall be free to enter into contractual arrangements

Prepared by Sandy Lagreca November 24October 27, 2014 6

with other communities without obtaining approval from Canton Township so long as such arrangements do not impair performance of this Agreement.

4.09 Property Rights. Upon expiration of any required holding period, stray animals shall become the sole property of the MHS and may be disposed of according to law.

4.10 Retention of Vaccination/Veterinary Fees. The MHS shall retain all fees collected for vaccinations and veterinary service performed by the MHS.

4.11 Shelter License. Shall cooperate with MHS to become a registered/licensed animal shelter with the Department of Agriculture using MHS as its agent. Canton Twp. shall pay any fees directly to the State of Michigan or reimburse MHS for the registration fee, if any apply.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized agents as of the date first set forth above.

In the Presence of: CANTON TOWNSHIP

______By______

______Its______

By______

Its______

THE MICHIGAN HUMANE SOCIETY

______By______David A. Williams ______Sr. Vice President & Chief Operating Officer

Prepared by Sandy Lagreca November 24October 27, 2014 7

Exhibit A

Municipal Components of a Healthy Pet Community shall include, but not be limited to:

1. Taking an active approach in reducing animal homelessness through incentivized licensing and spay/neuter programs.  Working to enact comprehensive ordinances for both dogs and cats including differential licensing fees for sterilized cats and dogs.  Promote low-cost spay/neuter programs for indigent guardians via local cable television, community papers/newsletter, website, and other media as appropriate.

2. Working to help reunite lost pets with their families.  Promote MHS website as resource to find lost pet, link city site to MHS pet lost/found features and resources.  Provide easy access to license information when a lost pet is found.

3. Taking an active role in enforcing local and statewide animal laws and ordinances.  Prosecute accused perpetrators of crimes against animals to the fullest extent permitted by law.

4. Providing public education on animal issues.  Promote adoption as the primary preferred source of companion animals.  Partner with MHS to provide local cable channel programming regarding appropriate pet care.  Establish “partner page” on city website that will link to MHS and other useful services/resources for animals.

5. Transparency of animal statistics and consistency in measuring results.  Work with MHS to post and publish annual statistics regarding how the community is doing with regard to caring for community animals.

6. Providing for a “safe haven” sheltering facility for the community’s lost or surrendered animals.  By contract or directly  Promote adoption of shelter animals

Prepared by Sandy Lagreca November 24October 27, 2014

Item G-2. Consider Re-Approval of the Final Plat for Willow Brook Village Subdivision. (MSD)

Motion by Bennett, supported by McLaughlin to approve the resolution approving the final plat for Willow Brook Village Subdivision. Motion carried unanimously.

RESOLUTION OF BOARD OF TRUSTEES CHARTER TOWNSHIP OF CANTON

Willow Brook Village Final Plat

WHEREAS, the Project Sponsor has requested final approval of the plat for Willow Brook Village to be located on Lilley Road between Hanford and Ford Roads, identified as tax EDP # 043-99-0027-703; and,

WHEREAS, the Planning and Engineering Officials have reviewed the final plat and made a recommendation to approve the request to grant final approval of the plat;

NOW THEREFORE BE IT RESOLVED, the Board of Trustees of the Charter Township of Canton, Michigan does hereby approve the request of the petitioner to grant final approval of the plat for the proposed Willow Brook Village Subdivision subject to any and all state and local development regulations.

The Board originally approved the final plat for Willow Book Village on October 28, 2014. Due to a state requirement that the proprietor and surveyor sign the plat prior to approval by the local jurisdiction, the plat needs to be re-approved.

Item G-3. Consider Preliminary Approval for Westbury Estates PDD. (MSD)

Motion by Bennett, supported by Sneideman to approve the resolution giving preliminary approval of Westbury Estates PDD. Motion carried unanimously.

RESOLUTION OF BOARD OF TRUSTEES CHARTER TOWNSHIP OF CANTON

Preliminary Approval of the Westbury Estates PDD

WHEREAS, the Project Sponsor has requested preliminary approval of the Westbury Estates Planned Development, located south of Joy Road and west of Beck Road on parcel nos. 017-99-0001-713 and 017-99-0001-723; and,

WHEREAS, the Planning Commission voted to recommend preliminary approval based on the findings that the proposed development plan is consistent with the goals and objectives of the Comprehensive Plan; and,

December 9, 2014 32

WHEREAS, the Board has reviewed the planned development and determines the proposal to be consistent with the Zoning Ordinance regulations and development objectives subject to the conditions outlined in the Planning Commission recommendation and recommendations attached hereto and made a part hereof.

NOW THEREFORE BE IT RESOLVED, the Board of Trustees of the Charter Township of Canton, Michigan does hereby approve the Preliminary PDD for Westbury Estates, as proposed, as it provides a naturalized forested park area in the southern portion of the development, enhanced landscape plantings throughout the plan, creation of useable open space with pathways and park amenities, provision of 40% open space, and upgraded building materials and architectural design for the proposed homes.

The project sponsor is proposing a 30 unit single-family residential development on 32.35 acres (30.49 acres net of right-of-way) acres located south of Joy Road and west of Beck Road. The minimum lot size is 18,000 square feet. Over 13 acres (40%) of the land area is maintained in open space area. Access is from Joy Road, which eliminates turning movement issues on Beck across from the high school entrance.

The planned development was originally approved in 2005 and is of a similar configuration to the original plan. Definite benefits of the proposed project include creation of a naturalized forested park area in the southern portion of the development, enhanced landscape plantings throughout the plan, provision of usable open space with pathways and park amenities, provision of 40% open space and upgraded building materials and architectural design for the proposed homes.

The request is consistent with the allowable density on the Township’s Future Land Use Map of the Comprehensive Plan and consistent with the Township's development objectives for this area.

Item G-4. Consider Approval of Preliminary Site Plan for River Ridge at Cherry Hill Village Site Condominium. (MSD)

Motion by Bennett, supported by McLaughlin to approve a resolution approving the Preliminary Site Plan for River Ridge at Cherry Hill Village Site Condominium. Motion carried unanimously.

RESOLUTION OF BOARD OF TRUSTEES CHARTER TOWNSHIP OF CANTON

Preliminary Site Plan for River Ridge at Cherry Hill Village Site Condominium

WHEREAS, the Project Sponsor has requested preliminary approval for the site plan for River Ridge at Cherry Hill Village Site Condominium, located north of Proctor Road between Denton and Ridge Roads on tax parcel nos. 075-99-0004-003 and 07599-0013-702; and,

December 9, 2014 33

WHEREAS, the Planning Commission voted to recommend approval conditioned upon revision of the landscape plan proposed and based on the findings that the proposed development plan is consistent with the goals and objectives of the Comprehensive Plan; and,

WHEREAS, the Board has reviewed the planned development and determines the proposal to be consistent with the Zoning Ordinance regulations, the development agreement, subject to the conditions described in the analysis and recommendations attached hereto and made a part hereof.

NOW THEREFORE BE IT RESOLVED, the Board of Trustees of the Charter Township of Canton, Michigan does hereby approve the requested preliminary site plan for River Ridge at Cherry Hill Village Site Condominium subject to compliance with any conditions contained herein and all other regulations of the Township.

River Ridge at Cherry Hill Village Site Condominium is the westerly 39 acres of the River Hill Ridge Planned Development and is a southerly extension from Constitution Street in Cherry Hill Village. This includes 107 lots ranging in width from 55 feet to 75 feet, and includes several park areas. The preliminary site has 4 phases (Phases 3 through 6 of the PDD) as shown on the plans. The first phase (Phase 3) includes all of the lots along the north side of West Point Way, the entrance to Ridge Road, and the storm water pond area.

There is a 7 acre parcel located to the east of this area. Provisions have been made to connect Eisenhower Street to the west in the event rights can be obtained to do that in the future. This 7 acre parcel was originally part of the Hamlet PDD, but was included in a consent judgment which transferred ownership of the parcel to Canton Township.

Several changes are needed to the landscape plan, including an enlarged detail for the Ridge Road entrance and some adjustment to street tree and street light location for the park south of Eisenhower Street. These adjustments can be made at the Final Site Plan stage.

The site plan request is consistent with provisions of the River Hill Ridge Planned Development Agreement.

Item G-5. Consider Acceptance of a Letter of Intent to Purchase Vacant Property. (MSD)

Motion by Bennett, supported by McLaughlin to approve the attached resolution finding no public purpose and further authorize the Township Supervisor to sign the letter of intent to purchase vacant property with Livonia Builders/TDM Holdings, LLC. Motion carried unanimously.

RESOLUTION OF BOARD OF TRUSTEES CHARTER TOWNSHIP OF CANTON RESOLUTION FINDING “NO PUBLIC PURPOSE”

December 9, 2014 34

FOR CERTAIN TOWNSHIP OWNED PROPERTY

R E C I T A T I O N S:

The Charter Township of Canton (the “Township”) has received a letter of intent to purchase a portion of a parcel owned by the Township located on the north side of Proctor Road between Denton and Ridge Roads (the “Proctor Road Property”), as well as two parcels on the south side of Cherry Hill Road adjacent to Cherry Hill Village (the “Cherry Hill Properties”), from Livonia Builders/TDM Holdings, LLC (the “Purchaser”).

The Purchaser has offered to pay the Township the market rate for the Proctor Road Property, or $20,000.00 per buildable lot.

Purchaser has determined and the Township concurs, that 17 residential lots could be built on the Proctor Road Property.

The Purchaser has also offered $20,000 for the Cherry Hill Properties, a reduced rate but in recognition of certain development obligations for these properties.

Staff has reviewed the proposal, feels the offer is reasonable, and recommends approval of the offer.

The Township Board is authorized to approve the sale of public property upon a determination that there is no public purpose for the property.

The Township Board is desirous of accepting the offer to purchase the Proctor Road and Cherry Hill Properties.

NOW, THEREFORE, IT IS HEREBY RESOLVED:

1. The Township Board hereby determines that there is no public purpose for the Proctor Road and Cherry Hill Properties sought to be acquired by Purchaser.

2. The Township Board hereby accepts the recommendation of the Township staff, and finds the Purchaser’s offer for the Properties to be fair and reasonable under the circumstances.

3. The Township Board hereby authorizes the Township Supervisor to sign the Letter of Intent, and take all necessary actions to effectuate the sale of these properties.

4. The Purchaser shall be responsible for any and all fees and costs related to the split of the Property from the entire Township-owned Proctor Road property.

CERTIFICATION I hereby certify that the foregoing is a true and complete copy of a Resolution adopted by

December 9, 2014 35

the Board of Trustees of the Charter Township of Canton, County of Wayne, State of Michigan, at a regular meeting held on the 9th day of December, 2014 and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will or have been made available as required by said Act.

______Terry G. Bennett, Clerk Dated: December 9, 2014.

Supervisor LaJoy stated the township assessors have approved of the amount agreed upon.

Trustee Sneideman asked if the design will be consistent with the rest of the area.

Danny Veri, Livonia Builders, agreed it would be. Mr. Veri also asked if the property requires rezoning to residential.

Treasurer McLaughlin explained the area is zoned mixed use.

One parcel is about 5.5 acres of an existing 7.8 acre parcel located on the north side of Proctor Road, between Ridge Road and Denton Road. The other two smaller parcels (0.13 acres and 0.16 acres) are located along the south side of Cherry Hill Road, between Ridge Road and Denton Road. The total amount being offered to the Township is $360,000 for approximately 6 acres. The Township has no other public purpose for these properties and may declare these parcels as surplus. Should the Board accept the terms in the letter of intent, then staff will draft the terms of a sales agreement for approval by the Township Board in early 2015.

December 9, 2014 36 Philip LaJoy, Supervisor Charter Township of Canton 1150 South Canton Center Road Canton, Michigan 48188

RE: Letter of Intent to Purchase Vacant Property: Part of Parcel ID# 71-076-99-0001-702 and Parcel #s 71-073-99-0005-714 and 71-073-99-0005-715 Canton, Michigan

Dear Mr. LaJoy:

This Letter of Intent is for the purpose of outlining in broad and general terms the term and conditions being proposed by Livonia Builders and TDM Holdings for the purchase of the following described vacant real estate:

PREMISES/LOCATION: Part of 71-076-99-0001-702; 71 -073-99-0005-714; and 71-073-99-0005-715

SELLER: The Charter Township of Canton

PURCHASER: Livonia Builders Sheffield Park, LLC and TDM Holdings

CONDITIONS OF SALE: Purchaser shall, at its sole expense, have surveyed and identified, a portion of Parcel 71-076-99-0001-702 totaling approximately 5.5 acres that shall be split from the parent parcel for sale to Purchaser. Additionally, Purchaser shall apply for a lot split and combination, if desired. All fees associated therewith shall be the responsibility of Purchaser.

PURCHASE PRICE: For the 5.5 acre portion of Parcel #71-076-99-0001-702 to be split off and purchased by Purchaser (TDM Holdings, LLC) the purchase price shall be $340,000.

For Parcels #71-073-99-0005-714 and #71-073-99-0005- 715, Purchaser (Livonia Builders Sheffield Park, LLC) shall pay to Seller the amount of $10,000 per parcel. Additionally, Purchaser shall be required to obtain easements (if necessary) to construct, and shall construct, public sidewalks and a street lighting system from the existing alley east of Cold Stone Creamery to Roosevelt, and further to construct sidewalks between

1 Patriot and Roosevelt Streets along these parcels. As parl of the sale to Purchaser, Purchaser shall post a financial guarante e in a fi.mn acceptable to Seller to assure the construction of the public ~~idewa lk s acros ~i the parcels. Upon completion of the construction, th e financial guarantee shall be released to Purchaser.

EARNEST MONEY DEPOS[T: Purchaser shall pay to SelicI' an earnest money deposit in the amount of$_ ......

BROKER PART[CI PATION: Neither party is using a broker Ji.)1' this transaction.

COMMISSIONS: No cormni ssion shall be paid on this sale.

Should this proposal meet with the approval of Seller, Seller shall return an. executcd copy of tili s Letler of Intent to Purchaser. Sell er shall submit a purchase agreement within _ anc!' approval of this proposal based on the terms and conditions set forth,

SELLER AN.D PURCHASER ACKNOWLEDGE THAT TUlS LETTER OF INTENT [S NOT A PURCHASE AGREEMENT, AND THAT IT [S INTENDED AS '1'111': BASIS FOR TIIf; PREPARA '.nON OF A PUR CHASE AGREEfVIENT. THE PURCHASE AGREEMl::NT SHALL 13E SUBJECT TO SELLER'S AND PURCHASER'S APPROVAL AND ONLY A FULLY EXECUTED PURCHASE AGREFivlENT SHALL CONSTITUTE A BINDING PURCHASE AGREEMENT FOR THE PREMfSES. IF THE FOREOOING TERMS ARE SUFFICIENT TO A1..LO\\/ THE PREPARATION OF A PURCHASE AGREEMENT, PLEASE INDICATE SUCH CONSENT BY SIGNED IN THE SPACE PROVIDED 11FLO\V.

SELLKH: PIJRCHASER:

Charter Township of Canton Livonia Buildcl'S Sheffield Pad", LLCrrnM Holdings, LLC

...- :? --- ::::::::> ...... j ...... "" ...... ,,"--- By: Philip 1. LaJoy By: Danny Veri Its: Supervisor Its:

Dated: \ \ Dated: --_...... /Zh/i _{...... -.. _--

Item G-6. Consider Vacating a Portion of a Water Main Easement in the Singh Industrial Park. (MSD)

Motion by Bennett, supported by McLaughlin to authorize the Township Clerk to sign the release of easement for the water main in the Singh Industrial Park. Motion carried unanimously.

On November 26, 2014 the Township received a letter of intent from the developer of the River Hill Ridge PDD along Proctor Road to purchase vacant property which the Township recently acquired through a consent judgment. One parcel is about 5.5 acres of an existing 7.8 acre parcel located on the north side of Proctor Road, between Ridge Road and Denton Road. The other two smaller parcels (0.13 acres and 0.16 acres) are located along the south side of Cherry Hill Road, between Ridge Road and Denton Road. The total amount being offered to the Township is $360,000 for approximately 6 acres. The Township has no other public purpose for these properties and may declare these parcels as surplus. Should the Board accept the terms in the letter of intent, then staff will draft the terms of a sales agreement for approval by the Township Board in early 2015.

Director Faas explained the developer redesigned the site and the water main location was moved.

December 9, 2014 39 EXHIBIT"A"

DESCRIPTION OF 12' WIDE EASEMENT TO BE VACATED.

PART OF THE NORTHWEST 114 OF SECTION 35, TOWN 2 SOUTH, RANGE 8 EAST, CANTON TOWNSHIP, WAYNE COUNTY, MICHIGAN, DESCRIBED AS FOLLOWS:

AN EASEMENT FOR WATER MAIN LYING 6 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE NORTH 114 CORNER OF SECTION 35, TOWN 2 SOUTH, RANGE 8 EAST; THENCE SOl °36'06"E, 559.06 FEET ALONG THE NORTH AND SOUTH 14 LINE OF SECTION 35, ALSO THE CENTERLINE OF LILLEY ROAD (66 FEET WIDE) TO THE NORTHERLY RIGHT -OF-WAY LINE OF MICHIGAN AVENUE (204 FEET WIDE); THENCE ALONG SAID LINE S81 °55'59"W, 956.48 FEET TO THE POINT OF ENDING OF THE EXISTING EASEMENT FOR WATER MAIN PURPOSES, AS RECORDED IN LIBER 41725, PAGES 327-330, WAYNE COUNTY RECORDS;

THENCE ALONG THE CENTERLINE OF SAID EASEMENT THE FOLLOWING SIX COURSES:

(1) N08°04'01"W, 123.98 FEET TO REFERENCE POINT "W8"; AND

(2) N08°04'01"W, 42.05 FEET; AND

(3) N01 °53'15"W, 149.22 FEET TO REFERENCE POINT "W7"; AND

(4) N01 °53'15"W, 169.00 FEET TO REFERENCE POINT "W5", WHERE THE WATER MAIN BRANCHES INTO TWO LEGS; AND

(5) ALONG THE LEFT LEG S88°06'45"W, 64.50 FEET; AND

(6) N01 °53'15"W, 83.00 FEET; TO THE POINT OF BEGINNING;

THENCE N46°53'15"W, 8.84 FEET; THENCE S88°06'45"W, 19.24 FEET TO REFERENCE POINT "W6", WHERE THE WATER MAIN BRANCHES INTO TWO LEGS;

THENCE ALONG THE RIGHT LEG N01 °53'15"W, 54.75 FEET TO THE END OF THIS LEG.

THENCE ALONG THE LEFT LEG S88°06'45"W, 199.47 FEET TO THE END OF THIS LEG AND THE POINT OF ENDING.

Page 1 of 1

Item G-7. Consider Award of a Contract to Security MicroImaging for Implementation of a Document Content Management System in Public Works. (MSD)

Motion by Bennett, supported by Sneideman to authorize the Township Supervisor to sign the contract with Security MicroImaging Corporation for the implementation of a Document Content Management System in 2015 for a cost not-to-exceed $59,679 including the contingency. Motion carried unanimously.

A document content management system has been desired by the Municipal Services Department staff for several years to help effectively manage the hundreds of thousands of complex documents associated with the developments in our community. In 2014 through 2017 budgetary appropriations are planned for such an implementation through a phased approach. The first phase is to acquire the software, integrate the software with existing computer applications and design the system workflow to begin storing the documents electronically. This first phase will concentrate on the Public Works Division operation and primarily the water & sewer utility records. It will serve as a pilot for implementation department-wide and eventually township-wide in the future.

On July 10, 2014 the Township received proposals from six (6) vendors for a document content management system pilot project in the Public Works Division. The vendor with the lowest cost proposal was the Security MicroImaging Corporation (SMC) of Milwaukee. SMC is proposing we implement the Onbase software and integrate it with our existing ESRI GIS software and Aztecca Cityworks software. Staff from ITS and Public Works have been working on the details of the proposed implementation since August and recommend SMC be awarded the project. The references provided have been checked and were very satisfactory.

The negotiated cost of the first phase of the project is $56,837.88 which includes the software, 40 hours of implementation services and training for two system administrators. A five percent contingency is proposed to cover any unanticipated expenses which would bring the total cost for the first phase to $59,679. The next system administrator training course is in early January 2015, after which the vendor will come on-site and install the system starting January 20, 2015. In order to meet this schedule, Board approval of the contract is necessary in December 2014. Payment of the expenses will be made as a first charge to the 2015 water and sewer budget.

Director Faas explained this system is to support our GIS, CityView, and CityWorks. This system would electronically store the documents associated with the developments in our community. This is the first phase of the project. In order to meet the implementation schedule, Board approval of the contract is necessary in December 2014.

Clerk Bennett asked where the data would be stored.

Director Faas explained IT feels one of the existing servers has the capacity for the initial stages of the program.

Clerk Bennett asked if the current staff will be handling the scanning of the documents.

December 9, 2014 41

Director Faas replied seasonal staff would be utilized for scanning.

Trustee Williams commented he feels integrating all of our systems together will be a much bigger expense in the future. He asked if this is a custom program for Canton.

Director Faas replied no, this is not customized for Canton only. This document content management system is used nationwide. This vendor has done over 100 on-base implementations as well as 17 integrations with CityWorks. They are capable of integrating with Planning, Assessing, Human Resources, etc. We are just utilizing the CityWorks integration at this time.

Treasurer McLaughlin stated this is the first step in an entire township documentation integration system. Each time the township chooses to add additional departments, there would be additional costs.

Director Faas agreed stating the Public Works portion probably has the highest volume of complex documents. The next step will be to work with our IT department to develop a strategy for the future.

Treasurer McLaughlin stated the state retention schedule also comes into play. The actual task of Paper Management is a horrendous job. The Treasurer’s office alone must maintain tons of documents.

Trustee Sneideman asked if this application would require additional hardware.

Director Faas stated the server has sufficient capacity.

Trustee Sneideman asked if there would be back-up capability.

Director Faas replied yes.

Trustee Sneideman asked if this application would allow for online approvals.

Director Faas replied not at this time. He feels there is too much detail on a print to review on a small screen at this time.

December 9, 2014 42 Security MicroImaging Professional Services Agreement

This Professional Services Agreement (the “Agreement”) is entered into between Security MicroImaging Corporation (“SMC”) with offices located at 1515 North RiverCenter Drive, Milwaukee, Wisconsin, 53212 and the Customer identified below (“Customer”) as of the date this Agreement is signed by Customer. This Agreement establishes an open account for services performed by SMC for Customer from time to time which are not covered under a separate agreement.

1. Professional Services

SMC will provide services to Customer for the purpose of developing, implementing and supporting an Enterprise Content Management system (ECM) or other information management systems (the “System”). SMC’s services may include but are not limited to business process analysis, gathering and documenting business requirements or objectives, development of technical specifications, integrating the System into Customer’s business, and as described in SMC’s Software Support User Guide, supporting the System after it is fully operational (“Professional Services”). See Software Support User Guide for a description of support services.

2. Statement of Services and Change Requests

SMC may require execution of a Statement of Services (“SOS”) for certain project work. The SOS may contain or incorporate by reference the following information, as applicable: (1) a general description of Professional Services to be provided, (2) location of where the Professional Services are to be performed, (3) fees for Professional Services, (4) the projected commencement and termination dates applicable to such SOS, (5) any special provisions, (6) a list of project deliverables, (7) and any other necessary terms or information.

In the event that additional Professional Services are recommended by SMC or requested by Customer that are outside the scope of a given SOS, a Change Request (“CR”) may be generated by SMC. The CR will contain details of the changes to the applicable SOS. The SOS and CR are incorporated into this Agreement by reference. Any delay by Customer in executing an SOS or CR, completing a task or providing requested information will impact a project schedule. In such an event, SMC may temporarily reallocate assigned resources to other projects and work with Customer to reset the project schedule.

3. Fees for Professional Services

Fees for Professional Services will be based on the time spent on Customer’s project multiplied by the hourly rate associated with the service performed. Such fees will include but not limited to time spent at SMC’s offices providing various project management tasks, configuration, testing, training, and other related services. These services may be termed Professional Services or Service Calls. SMC will invoice Customer based upon its then applicable rate schedule (“Service Rate Schedule”). These rates are subject to change during the course of this Agreement by the publication by SMC of a new Service Rate Schedule.

4. Estimates

SMC is often requested to provide Professional Service estimates prior to or during the course of a project. In many cases, it is difficult to provide meaningful estimates except for the most common or routine tasks. Accordingly, while SMC may on occasion render oral or written estimates, these estimates should be viewed solely as estimates and shall be subject to adjustment as the facts and circumstances of a given project change. Professional Service estimates do not include travel time to Customer site which are invoiced according to the then current Service Rate Schedule.

5. Expenses

Expenses and costs, which may be advanced by SMC in its sole discretion, incurred in connection with the performance of services for Customer, shall be invoiced as incurred and are payable within thirty (30) days of invoice date. Expenses include but are not limited to travel, lodging, meals, or third party services that SMC may utilize in the course of implementing the System.

6. Payment

Amounts due under this Agreement shall be payable within thirty (30) days of the date of invoice, regardless of the length of a project or completion date. Professional Services performed under this Agreement will be logged and invoiced approximately once every two weeks. Professional Service logs and invoices will be considered accurate and complete unless disputed in writing within fifteen (15) days of invoice date. If any undisputed SMC invoice, including invoices for other services or product, is unpaid and past due, SMC may cease performing services until suitable arrangements are made for payment. SMC may, at its option, require payment in advance of delivery for any product or service.

Security MicroImaging, 09/01/2011 1 7. Third Party Product

SMC may license to Customer and/or provide Professional Services for software developed by third party software developers (“Third Party Software”). Use of all Third Party Software and its related documentation will be governed by the terms and conditions of the license agreement for such software, including any “shrink-wrap”, logon, signed, or other form of license agreement accompanying such software, whether in printed, electronic, or other format. At Customer’s request, SMC may provide Software Assurance for the Third Party Software purchased by Customer. Software Assurance shall be separately invoiced and provided pursuant to SMC’s Software Support User Guide.

SMC may sell Customer hardware provided by third party manufacturers (“Third Party Hardware”). Use of all Third Party Hardware and its related documentation will be governed by the terms and conditions as provided by the Third Party Hardware manufacturer. At Customer’s request, SMC may provide maintenance for the Third Party Hardware purchased by Customer. Hardware maintenance shall be separately invoiced and provided pursuant to SMC’s Hardware Maintenance Agreement or third party manufacturer’s agreement as applicable.

8. Customer Responsibilities

Customer acknowledges and agrees that it is solely responsible for the selection, operation, supervision, management and control of any software and associated equipment, including but not limited to providing training for its personnel, instituting appropriate security procedures, establishing and testing disaster recovery procedures or any necessary procedure to recover the System or systems due to any cause of failure, implementing procedures to examine and verify for completeness and accuracy all data and output before use, and providing written notice to SMC of any material changes made to the System or systems by Customer. Furthermore, Customer is solely responsible for the data and the database and is responsible for maintaining tested backups of the data and database to prevent data loss due to any cause. Customer acknowledges and agrees that SMC requires on-line or remote access to Customer’s systems in order for SMC to provide Third Party Software support. Accordingly, Customer is required, at its sole cost and expense, to provide appropriate communication software as specified by SMC and is responsible for establishing an adequate or dedicated connection with SMC. Customer agrees that if access to Customer’s systems requires a separate agreement, such agreement is subject to the limits of liability of this Agreement. Customer agrees it will not alter, revise, change, enhance or modify Third Party Software except as authorized by licensor or SMC. Customer shall provide SMC with all necessary access to property and equipment necessary to perform its Professional Services under this Agreement. Customer will assign a qualified representative to act as the primary contact with SMC. The primary contact shall be familiar with all ideas, goals, desires, projects, procedures, rules, requirements, and guidelines related to services or products provided by SMC. The primary contact shall facilitate the performance of Professional Services hereunder.

9. SMC Ownership of Design Services

During the course of the performance of this Agreement, SMC may develop system concepts, designs, information handling procedures and computer software or documentation (collectively “Design Services”). In addition, SMC may, at its option, incorporate concepts, know-how, ideas, techniques, wording, modules, and subroutines previously developed by SMC on prior projects or otherwise (“Previously Developed Software”). In such case and subject to Customer’s payment in full for the services, SMC hereby grants to Customer a non-exclusive, non-transferable, royalty-free license to use such Design Services and Previously Developed Software as part of the computer software and documentation delivered by SMC as part of its services. Such license includes Design Services and Previously Developed Software as provided to Customer and does not include any agreement or understanding, except to allow Customer, to modify or upgrade such products. Except as may otherwise be specifically authorized by SMC in writing, Customer (a) may only use the Design Services and Previously Developed Software in its internal business operations, (b) may not allow any third party to use any of the Design Services or Previously Developed Software, and (c) may not modify, reverse engineer, or copy any of the Previously Developed Software, except as otherwise permitted by applicable copyright law. License of the Design Services and Previously Developed Software may be terminated by SMC in the event of a breach of any obligations under this Agreement.

Any Design Services, including computer software and documentation developed as part of SMC’s services will be based on the experience, know-how, knowledge, and prior projects completed by SMC. Similarly, Design Services, including computer software and documentation developed by SMC for future projects, whether for Customer or other SMC customers, will be based on the same factors, including the experience, know-how, and knowledge gained by SMC in performing services for Customer but excluding confidential business information. Accordingly, SMC shall retain a nonexclusive, royalty-free, perpetual, irrevocable license to use, sublicense, and otherwise exploit the general concepts, know- how, ideas, techniques, wording, modules, and subroutines developed by SMC as part of its services; provided that in no event may SMC utilize any of Customer’s confidential business information except in the performance of such services. Customer agrees that nothing in this Agreement shall give Customer any right, title or interest in the Design Services or Previously Developed Software other than the right to use the Design Services or Previously Developed Software in accordance with this Agreement. Customer further agrees that SMC retains all right, title and interest in the Design Services and Previously Developed Software and may reuse, modify, develop, license or sell such Design Services and Previously Developed Software in other applications as it deems appropriate. Except as specifically limited hereby, SMC shall not be restricted from the continuing process of improving on past work.

10. Limited Warranty and Disclaimer

Security MicroImaging, 09/01/2011 2

SMC warrants to Customer that the Professional Services provided under this Agreement shall be performed in a good and workmanlike manner and according to industry standards. This warranty shall be effective for a period of thirty (30) days following the completion of the Professional Services in question (“Warranty Period”). Customer must notify SMC in writing during the Warranty Period if Customer believes any Professional Services do not conform to this warranty. If, after such timely notice from Customer, the Professional Services are determined not to conform to this warranty, SMC’s sole obligation, and Customer’s sole remedy, shall be for SMC to use commercially reasonable efforts to attempt to correct any nonconformity. If SMC is unable to correct any such nonconformity after a reasonable period of time, Customer’s sole and entire remedy is termination of the SOS that gave rise to the nonconformity in exchange for a refund of the amount paid by Customer to SMC for the portion of the nonconforming Professional Services that SMC is unable to correct. This warranty specifically excludes non-performance issues caused as a result of a hardware or firmware malfunction or defect, software not developed by SMC, incorrect data or incorrect procedures used or provided by Customer or a third party, failure of Customer to perform and fulfill its obligations in connection with the project covered by the SOS, or defects that are outside the reasonable control of SMC. Customer agrees to reimburse SMC for time and materials for any Professional Services provided by SMC at Customer’s request to remedy excluded nonperformance problems.

Except as expressly set forth in the preceding paragraph, SMC makes no warranty or representation regarding Design Services, Previously Developed Software, or Professional Services provided under this Agreement. SMC disclaims and excludes any and all other express, implied and statutory warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose, and warranties that may arise or be deemed to arise from any course of performance, course of dealing or usage of trade. SMC does not warrant that any Design Services, Previously Developed Software, or Professional Services will satisfy Customer’s requirements or are without defect or error, or that the operation of any software provided under this Agreement will be uninterrupted.

11. Limitation of Liability

If SMC has been engaged by Customer to install, configure, maintain or upgrade Third Party Software and Third Party Hardware (“Third Party Product”), Customer acknowledges that SMC is not the author, developer, or manufacturer of such Third Party Product, but instead has been retained by Customer solely to install, configure, maintain or upgrade such Third Party Product in Customer’s current computing environment. As such, Customer agrees that:

a) All Third Party Software, and any right to return for refund, is covered by limited warranties as set forth in the license agreement for such software. All rights and remedies for any errors or defects in any Third Party Software, including the right to recover losses or damages suffered as a result thereof, will be subject to any limitations set forth in the license agreement for such software. Claims directly or indirectly arising from errors, defects, or copyright infringement in Third Party Software may only be brought against the third party licensor of that software pursuant to the terms of its license and may not be brought against SMC;

b) All Third Party Hardware, and any right to return for refund, is subject to warranties and limitations of liability, if any, provided by the third party manufacturer. All rights and remedies for any errors or defects in any Third Party Hardware, including the right to recover losses or damages suffered as a result thereof, will be subject to any limitations set forth in the third party manufacturer’s warranty or limitation of liability, if any. Claims directly or indirectly arising from errors, defects, copyright or patent infringement in Third Party Hardware may only be brought against the third party manufacturer of that hardware pursuant to any warranties or limitations of liability provided and may not be brought against SMC.

In no event shall SMC’s liability for loss or damage arising out of or in connection with this Agreement, including, but not limited to, the performance or non-performance of Professional Services or the use or inability to use Design Services, Previously Developed Software, or Third Party Product, exceed the amount of fees paid to SMC by Customer for the SOS which gave rise to such liability except claims for injury to persons or damage to tangible property caused in total or in part by the negligence of SMC or by persons under its direction or control for which such damages are limited to claims payable pursuant to SMC’s liability insurance.

In no event will SMC be liable for any indirect, special, incidental, consequential or punitive damages, loss of business profits, business interruption, loss of data or information, the cost of recovering such data or information, or the cost of substitute services, products or facilities, even if SMC has been advised of the possibilities of such damages.

Security MicroImaging, 09/01/2011 3 12. Insurance

SMC shall maintain, at its sole expense the following insurance coverage during the term of this Agreement:

(a) Workers Compensation, at statutory limits. (b) Business Automobile Coverage, with $500,000 limit of liability: (c) Commercial General Liability, with the following limits of liability: $1,000,000 Each Occurrence $1,000,000 Personal Injury and Advertising Injury $2,000,000 General Aggregate. (d) Umbrella Liability Coverage, with $2,000,000 limit of liability. (e) Technology Professional Liability Coverage, Broad Form, with $1,000,000 limit of liability

Upon execution of this Agreement, SMC shall, at Customer’s request, provide Customer with a copy of the Certificate of Insurance evidencing the above insurance coverage and shall, if the Certificate of Insurance has been requested by Customer, notify Customer of any material change, including but not limited to cancellation or non-renewal, in such insurance coverage at least twenty (20) days prior to such change.

13. Confidential Information

From time to time, either party including an affiliate (the “Disclosing Party”) may disclose or make available to the other party (the “Receiving Party”), whether orally or in physical form, confidential or proprietary information concerning the disclosing party and/or its business, vendors, products or services in connection with this Agreement (together, “Confidential Information”). Confidential Information of either party includes, without limitation, systems architecture, policies and procedures, customer, employee, vendor information (including agreements, software and products), product plans and designs, agreements, and any other information which is normally and reasonably considered confidential. Each party agrees that during the term of this Agreement and thereafter: (i) it will use Confidential Information belonging to the Disclosing Party solely for the purpose(s) of this Agreement; and (ii) it will take all reasonable precautions to ensure that it does not disclose Confidential Information belonging to the Disclosing Party to any third party (other than the Receiving Party’s employees and/or professional advisors on a need-to-know basis who are bound by obligations of nondisclosure and limited use at least as stringent as those contained herein) without first obtaining the Disclosing Party’s written consent. Upon request by the Disclosing Party, the Receiving Party will return, within 14 days, all copies of any Confidential Information to the Disclosing Party. The Recipient will be responsible for any breach of this Section by its employees, representatives, and agents.

For purposes hereof, “Confidential Information” will not include any information that the Receiving Party can establish by reasonable evidence: (i) was independently developed by the Receiving Party without use of or reference to any Confidential Information belonging to the Disclosing Party; (ii) was acquired by the Receiving Party from a third party having the legal right to furnish same to the Receiving Party without disclosure restrictions; or (iii) was at the time in question (whether at disclosure or thereafter) generally known by or available to the public (through no fault of the Receiving Party).

These confidentiality obligations will not restrict any disclosure required by order of a court or any government agency, provided that in the case of an order, the Receiving Party gives prompt notice to the Disclosing Party of any such order and reasonably cooperates with the Disclosing Party at the Disclosing Party’s request and expense to resist such order or to obtain a protective order.

14. Arbitration

Any dispute arising out of or relating to this Agreement shall be submitted to and determined by binding arbitration. The arbitration shall be conducted for and by a single arbitrator selected by the parties. If the parties have not selected an arbitrator within ten (10) days of written demand for arbitration, the arbitrator shall be selected by the American Arbitration Association pursuant to the then current rules of that association. All arbitration proceedings shall be conducted in Milwaukee, Wisconsin. The duty to arbitrate shall survive the cancellation or termination of this Agreement.

15. Assignment

Neither party shall assign or transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other; provided, however, that:

a) either party may assign its rights or obligations to a parent corporation or a subsidiary in which the assigning party holds a 50% or greater ownership interest without the consent of the other party; and b) either party may assign its rights and obligations hereunder in connection with any transaction involving the sale of all or substantially all of its assets without the consent of the other party.

This Agreement shall inure to the benefit of and bind the parties’ successors and permitted assigns.

Security MicroImaging, 09/01/2011 4 16. Entire Agreement; Waiver

This Agreement embodies the entire understanding between the parties regarding the subject matter hereof and supersede all prior agreements and understandings between the parties (whether oral or written) relating thereto. Except as provided in a SOS, no modifications or amendments shall be effective unless made in writing and signed by the president of SMC and a duly authorized officer of Customer. This Agreement shall not be amended, changed or otherwise affected by the acknowledgment or acceptance of purchase orders, shipping instructions, physical access and non-disclosure agreements or other documents containing terms or conditions which differ from the provisions of this Agreement. No failure or delay by either party in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege hereunder.

17. Force Majeure

No failure, delay or default in performance of any obligation of a party to this Agreement (except the payment of money) shall constitute a default or breach to the extent that such failure to perform, delay or default arises out of a cause, existing or future, beyond the control (including, but not limited to, action or inaction of governmental, civil or military authority; fire; strike, lockout or other labor dispute; flood; war; act of terrorism; riot; theft; earthquake; natural disaster or acts of God; national emergencies; unavailability of materials or utilities; sabotage; viruses; or the act, negligence or default of the other party) and without negligence or willful misconduct of the party otherwise chargeable with failure, delay or default. Either party desiring to rely upon any of the foregoing as an excuse for failure, default or delay in performance shall, when the cause arises, give to the other party prompt written notice of the facts which constitute such cause; and, when the cause ceases to exist, give prompt notice of that fact to the other party. This Section shall in no way limit the right of either party to make any claim against third parties for any damages suffered due to said causes. If any performance date by a party under this Agreement is postponed or extended pursuant to this Section for longer than ninety (90) calendar days, the other party, by written notice given during the postponement or extension, and at least thirty (30) days prior to the effective date of termination, may terminate this Agreement. Termination shall have no effect upon Customer’s obligation to pay the applicable fees with respect to products or services delivered prior to the effective date of termination.

18. Governing Law

This Agreement shall be governed by and construed under the laws of the State of Michigan applicable to contracts made and performed entirely within the State.

19. Severability

In the event that any term or provision of this Agreement is deemed by a court of competent jurisdiction to be overly broad in scope, duration or area of applicability, the court considering the same will have the power and is hereby authorized and directed to limit such scope, duration or area of applicability, or all of them, so that such term or provision is no longer overly broad and to enforce the same as so limited. Subject to the foregoing sentence, in the event any provision of this Agreement is held to be invalid or unenforceable for any reason, such invalidity or unenforceability will attach only to such provision and will not affect or render invalid or unenforceable any other provision of this Agreement.

20. Title and Headings

The Title and Section headings of this Agreement have been inserted for convenience of reference only and shall not be construed to affect the meaning, construction or effect of any provision of this Agreement.

21. Termination

This Agreement shall remain in effect, unless terminated as set forth herein, as long as SMC provides Professional Services to Customer. This Agreement may be terminated as follows:

(a) By SMC. SMC may terminate this Agreement if, after ten (10) days written notice to Customer of its failure to make payments as called for in this Agreement, Customer has not paid its account in full. SMC may also terminate this Agreement after ten (10) days written notice to Customer of its failure to meet any other obligation of this Agreement or its failure to provide reasonable access to and use of Customer’s premises, computer hardware, peripherals and other software SMC deems necessary to perform its services under this Agreement and Customer does not cure such failure. SMC may terminate this Agreement immediately if Customer becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets, becomes subject to any proceeding under any bankruptcy or insolvency law, has liquidated its business, voluntarily or otherwise, or has directly or indirectly employed SMC staff that may be used to fulfill SMC’s obligations under this Agreement. SMC may terminate this Agreement without cause sixty (60) days after giving Customer written notice of its intention to terminate this Agreement.

(b) By Customer. Customer may terminate this Agreement without cause thirty (30) days after giving SMC written notice of its intention to terminate this Agreement. Customer may terminate this Agreement for cause if, after

Security MicroImaging, 09/01/2011 5 ten (10) days written notice, SMC has failed to provide Professional Services as called for in this Agreement. In the case of termination for cause, Customer’s notice must state in detail the Professional Services it believes SMC is not performing.

(c) Effect of Termination. Upon termination of this Agreement for any reason, Customer shall be obligated to pay SMC for Professional Services rendered up to and including the date of termination. Termination shall not affect any other agreements the parties may have entered into including hardware or software maintenance agreements.

(d) Survival of Obligations. The termination of this Agreement will not discharge or otherwise affect pre- termination obligations of either party existing under this Agreement at the time of termination. Provisions in this Agreement which by their nature extend beyond the termination of this Agreement will survive and remain in effect.

22. Hiring of SMC’s Employees

During the term of this Agreement and for a period of one (1) year thereafter, Customer or any of its affiliates will not (a) employ or hire, nor engage as a consultant or subcontractor, any employee or subcontractor of SMC or any of its affiliates, (b) solicit any employee or subcontractor of SMC or any of its affiliates to become an employee of, or consultant or subcontractor to, Customer or any of its affiliates, nor (c) recommend or suggest to any other person or entity that it so solicit, employ, hire, or engage any employee or subcontractor.

In the event of any breach of the foregoing provisions by Customer and notwithstanding any other provision in this Agreement to the contrary, SMC shall be entitled to be paid, on demand, as liquidated damages and not as a penalty, an amount equal to the annualized base salary and other regular compensation being paid to such employee or subcontractor as of the date of the termination of his or her employment or engagement with SMC or its affiliates. It is agreed that the amount of damages which would be suffered as a result of a breach of the foregoing provisions of this Section would be difficult to measure and that such payment amount constitutes reasonable liquidated damages for such breach.

23. Notices

Notices as called for in this Agreement shall be made in writing and personally delivered or sent by certified mail or facsimile to the names and addresses as set forth below:

To: SMC To: Customer

Mr. Bill Buerger, President Security MicroImaging Corporation Canton Township, Michigan 1515 North RiverCenter Drive 1150 South Canton Center Road Milwaukee, WI 53212 Canton, MI 48188-1699

IN WITNESS WHEREOF, the parties have executed this Professional Services Agreement by their duly authorized representative as of the date set forth below.

Security MicroImaging Corporation Canton Township, Michigan

Signature Signature

Bill Buerger Name Name

President Title Title

Date Date

Security MicroImaging, 09/01/2011 6

Item G-8. Consider Award of a Contract with Selectron Technologies for the Implementation of an Integrated Voice Response System. (MSD)

Motion by Bennett, supported by Sneideman to authorize the Township Supervisor to sign the letter of understanding with Selectron Technologies Incorporated for the implementation of an Integrated Voice Response System in 2015 for a cost not-to-exceed $53,400.Motion carried unanimously.

On September 9, 2014 the Board approved a budget amendment to provide funds for the implementation of the residential rental inspection program. Included in the budget amendment was an amount of $80,900 for computers and equipment. To date $5,077 has been expended for the new rental inspector’s computers and software. The $75,823 balance is intended to cover expenses associated with the implementation of an Integrated Voice Response (IVR) system.

This system will electronically manage inspections over the phone without the need to talk with an office staff person. The user will enter the permit number in order to access inspection results, post inspection results, view any fees owed, receive messages, schedule & cancel inspections. It will also integrate with the existing CityView software which manages all project plan reviews, approvals, permits and inspections for the Municipal Services Department. Users can also utilize the on-line portal to requests inspections. CityView will be utilized to notify the permit holder of the inspection results via e-mail. As such, any proposed IVR system will need to integrate seamlessly with CityView.

Staff from ITS and Municipal Services have been working with the developers of the CityView software to determine the most effective means of implementing the IVR system. The Selectron IVR system has been successfully integrated with CityView in a few other communities. The other vendor's system has not been integrated with CityView to date. Staff feels confident that the Selectron IVR system is best suited for the needs of the Township.

Based on the negotiations with Selectron Technologies, the total cost of the system will be $53,400. Some additional costs for phone system modifications, hardware and CityView integration will also be incurred; however, these costs do not meet the minimum requiring Board approval. The total project can be implemented for something less than the $75,823 that remains in the 2014 budget.

Due to a large backlog of scheduled implementations, it is desirable for the Township to execute a letter of understanding to enter into the contract now with Selectron Technologies to ensure implementation is completed as early as practicable in 2015. Payment of the expenses will be made from the 2015 Budget.

Director Faas stated this system would be able to work with our CityView inspection module enabling the caller to schedule their own inspection. This system would automatically create an inspectors schedule. Inspectors would be able to enter inspection results in the field. The initial caller would then be able to retrieve their inspection results without involving a staff member. This system is the least costly system. Other communities have utilized this system with great success.

December 9, 2014 49

Item G-9. Consider Approval of Purchase of Avid Digital Editing Systems for Cable Studio. (CLS)

Motion by Bennett, supported by Williams to authorize the purchase of four Avid Digital Editing Systems from AVI Systems, 27280 Haggerty Road, Suite C2, Farmington Hills, Michigan in the amount of $40,000.90 to be taken from Account #230-250.97_0010. Motion carried unanimously.

The cable studio currently uses four Avid editing systems for the editing of all video filmed for Canton Community Television. In addition, the editors are used to enhance security camera footage utilized by Public Safety to help identify criminal suspects.

Five years is the average lifespan of a digital editor. The digital editors, purchased between 2001 and 2009, are experiencing age related problems including: file corruption, inability to install software updates and frequent crashes. Replacing the Avid editors would:

• help to improve editor work flow • allow for software upgrades on each Avid editor workstation • enable all Avid editor workstations to convert footage to a digital format usable on the web • enable the utilization of ClearID software (enhancement of security camera footage) on all editor workstations

Bids were solicited with AVI Systems providing the sole bid at $40,900.90 total for equipment and freight. AVI Systems was the only bidder due to limited authorized dealers of the Avid Digital Editing system. The Avid Editors would be purchased using funds provided by Comcast for capital purchases.

Item G-10. Consider Approval of Purchase of Audiovisual Equipment Upgrade for the Township Board Room for 2015. (CLS)

Motion by Bennett, supported by Sneideman to authorize the purchase of a portable audio system from Provideo, 26471 Southpoint Rd, Perrysburg, OH 43551 in the amount of $106,930 to be taken from Account #230-250.970_0010. Motion carried unanimously.

Motion by Bennett, supported by Williams to approve the following budget amendment: Decrease Expenditures: Transfer to Fund Balance 250-250.990_0000 $155,545 Increase Expenditures: Capital Outlay Computers 230-250.970_0010 $168,043 Increase Revenue: Fund Balance Appropriation 230-000.695 $12,498. Motion carried unanimously.

The current audio visual equipment for the Township Board Room was purchased in 2002 during the Administration Building expansion and has well exceeded its life expectancy of seven years. The recommended upgrades to the system will have HD cameras, improved microphones, larger displays and allow for wireless presentations to be given from anywhere in the room. These upgrades will also replace the entire infrastructure from the Board Room to the Cable Studio.

December 9, 2014 50

This system upgrade will allow for improved versatility and compatibility in the Board Room for any presentation, televised or otherwise.

Bids were solicited; two bids were received with Provideo providing the lowest bid at $106,930. The audiovisual equipment upgrade would be purchased using funds provided by Comcast for capital purchases. These purchases will be made in early 2015.

Trustee Yack voiced his support of updating our equipment.

Item G-11. Consider Approval of Emergency Purchase Order for Replacement of Summit Rooftop Unit (RTU). (CLS)

Motion by Bennett, supported by Sneideman to approve the purchase order to Building Automated Systems and Services, 6260 18-1/2 Mile Road, Sterling Heights, Michigan 48314 for emergency removal and replacement of mechanical rooftop unit #8 at the Summit on the Park in the amount of $25,627.

Motion by Bennett, supported by McLaughlin to approve the following budget amendment: Decrease Transfer to Fund Balance: 246-441.990 (Fund Balance) $25,627 Increase Expense: 246-750.970_0020 $25,627 (Capital Outlay Community Bldg. and Improvements) Motion carried unanimously.

We have experienced numerous problems with Rooftop Unit #8 at the Summit, which services the Maple Room. This unit failed again on 11/28/14 and is no longer operational. RTU #8 is original to the building and has exceeded its life expectancy.

Staff worked with Building Automated Systems and Services (BASS) to evaluate all potential solutions. The RTU can be repaired at an estimated cost of $15,000, but there are no guarantees that other parts may break down and the unit will fail again. The recommended solution is for removal and replacement of the rooftop unit #8 at a cost of $25,627.

Due to winter weather conditions and because unit will take multiple weeks to arrive, we have made an emergency purchase which requires formal Board approval.

Trustee Yack asked if any of the RTU’s were included in the Energy Program.

Director Bilbrey-Honsowetz replied yes, the Aquatic Center and one unit near the fitness center. These were selected based on the energy savings pay-back and how likely the units were to fail. The Aquatic Centers previous RTU was a very complicated unit and its failure would cause closure of the center if it failed.

Item G-12. 2014 Budget Adjustments. (FBD)

Motion by Bennett, supported by Sneideman to approve the following listing of budget adjustments to the 2014 budget. Motion carried unanimously.

December 9, 2014 51

State law mandates that Municipalities adopt an annual budget and that the fiscal year-end expenses do not exceed that budget as amended. The adopted budget is a working document and as unexpected events occur during the year, adjustments are required to\ meet the States mandate at year-end.

The Township adopted the 2014 budget at the November 12, 2013, Board Meeting and has made various amendments to it since then.

At this time, I am asking the Board of Trustees to approve the attached budget adjustments to the 2014 budget year. A description of the budget adjustments is explained on the attachments.

101 General Fund Increase Decrease

Revenue: Fines & Forfeitures Court 101-000.655_0004 $ 145,658 --

Total Revenue $ 145,658

Expenses: Salaries & Wages Concessions 101-200.705_0090 $ 145,658 --

Total Expenses $ 145,658

Total Increase (Decrease) in Use of Fund Balance $ - ___ --

266 WWN Forfeiture Increase Decrease

Revenue: Fines & Forfeitures Drug Enforcement 266-000.655_0001 $ 330,000 --

Total WWN Fund Revenue $ 330,000 --

Expenses: Operating Supplies 266-333.740 25,000 Maintenance & Repair Buildings 266-333.930_0020 2,500 Pymts to Other Units of Govt 266-333.960 25,000

Total WWN Fund Expenses $ 52,500 --

Total Increase (Decrease) in Use of Fund Balance $ (277,500)

Fund Balance Appropriation 266-000.695 209,000 Transfer to Fund Balance 266-333.990 68,500

277,500

December 9, 2014 52

ADDITIONAL PUBLIC COMMENT: None

OTHER: Supervisor LaJoy explained this concludes the board meetings for 2014. The next board meeting will be the second week of January 2015. He thanked the board and staff for a great year and wished all residents and staff Happy Holidays.

ADJOURN: Motion by Bennett, supported by Anthony to adjourn at 9:05 p.m. Motion carried unanimously.

______Terry G. Bennett, Clerk

December 9, 2014 53