CANTON ADMINISTRATION BUILDING 1150 S. CANTON CENTER ROAD CANTON, MI 48188 REGULAR BOARD MEETING JUNE 10, 2014

6:30 P.M.: CLOSED SESSION TO DISCUSS UNION NEGOTIATIONS

7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL: ANTHONY, BENNETT, LAJOY, MCLAUGHLIN, SNEIDEMAN, WILLIAMS & YACK ADOPTION OF AGENDA APPROVAL OF MINUTES: MAY 13, MAY 27, and JUNE 3, 2014

RECOGNITION:

1) CHLOE DESSELLES

2) LIEUTENANT MARK GAJESKI

CITIZEN’S NON-AGENDA ITEM COMMENTS PAYMENT OF BILLS

CONSENT CALENDAR:

1) RESOLUTION OF SUPPORT TO APPLY FOR ROBERT R. ROBINSON SCHOLARSHIP (SUPERVISOR)

2) ESTABLISHMENT AND USE OF “RECEIVING BOARDS” IN THE 2014 ELECTIONS (CLERK)

3) CONSIDER APPROVING A RESOLUTION AND ADOPTION OF WAYNE COUNTY’S HAZARD MITIGATION PLAN (PSD)

4) CONSIDER AUTHORIZATION OF PERMIT FOR 2014 LIBERTY FEST FIREWORKS DISPLAY (PSD)

5) AWARD SIX (6) HOUSING REHABILITATION CONTRACTS (FBD)

6) SECOND READING OF AN ORDINANCE ADDING A NEW CHAPTER 36 TO THE CANTON TOWNSHIP CODE OF ORDINANCES ENTITLED “EQUAL RIGHTS” (SUPERVISOR)

GENERAL CALENDAR:

1) PETITION TO APPEAL DENIAL OF A PEDDLER’S AND SOLICITOR’S LICENSE; CHAPTER 54: PEDDLER’S AND SOLICITOR’S ORDINANCE; SEC. 54-33(d) (CLERK)

2) CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 18, BUSINESSES, ARTICLE III, MASSAGE, OF THE CANTON TOWNSHIP CODE OF ORDINANCES TO CHANGE THE TERM OF A MASSAGE LICENSE FROM TWO YEARS TO ONE YEAR (CLERK)

3) CONSIDERATION OF FIRST READING OF AN AMENDMENT TO THE CANTON TOWNSHIP CODE OF ORDINANCES, CHAPTER 38, FIRE PROTECTION AND PREVENTION, BY ADDING A NEW ARTICLE IV ENTITLED “COST RECOVERY” (PSD)

4) CONSIDER AWARD OF A CONTRACT TO THE MANNIK & SMITH GROUP, INC. FOR INSPECTION SERVICE FOR THE 2014 SIDEWALK REPAIR PROGRAM (MSD)

5) CONSIDER APPROVAL OF A THREE-YEAR CONTRACT WITH LIQUI-FORCE SERVICES FOR SANITARY SEWER REHABILITATION AND REPAIRS (MSD)

6) CONSIDER INCREASING THE BLANKET PURCHASE ORDER FOR MIDWEST GOLF AND TURF BY $20,000 (MSD)

7) CONSIDER AWARD OF A CONTRACT TO PLANTWISE, LLC FOR FOUNDERS WOODS DETENTION BASIN RESTORATION (MSD)

ADDITIONAL PUBLIC COMMENT OTHER ADJOURN

ACCESS TO PUBLIC MEETINGS The Charter Township of Canton will provide necessary reasonable auxiliary aids and services, such as signers for hearing impaired and audio tapes of printed material being considered at the meeting to individuals with disabilities at the meeting/hearing upon two weeks notice to the Charter Township of Canton. Individuals with disabilities requiring auxiliary aids or services should contact the Charter Township of Canton by writing or call the following: Gwyn Belcher, ADA Coordinator Charter Township of Canton, 1150 S. Canton Center, Canton, MI 48188 (734) 394-5260 Charter Township of Canton Board Proceedings – May 13, 2014 A regular meeting of the Board of Trustees of the Charter Township of Canton was held Tuesday, May 13, 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, LaJoy, McLaughlin, Sneideman, Williams, Yack Members Absent: Bennett Staff Present: Director Belcher, Director Bilbrey-Honsowetz, Director Faas, Director Mutchler, Director Trumbull, Kristin Kolb

Adoption of Agenda Motion by McLaughlin, supported by Anthony to approve the agenda as presented. Motion carried by all members present.

Approval of Minutes Motion by McLaughlin, supported by Sneideman to approve the Board Minutes of April 22, 2014 as presented. Motion carried by all members present.

Citizen’s Non-Agenda Item Comments: George Miller, 1946 Briarfield, asked for the hours of operation of the Police Gun Range on weekends and holidays. Mr. Miller stated the size and condition of the parking lot located on the north/west corner of Lilley and Ford Roads is unacceptable.

Payment of Bills Motion by McLaughlin, supported by Williams to approve payment of the bills as presented. Motion carried by all members present.

Expenditure Recap for May 13, 2014

101 GENERAL FUND 858,980.02 206 FIRE FUND 255,608.04 207 POLICE FUND 442,012.49 208 SUMMIT OPERATING 85,167.72 219 STREET LIGHTING 22,389.45 230 CABLE TV FUND 10,625.10 246 COMMUNITY IMPROVEMENT 13,655.00 248 DOWNTOWN DEV AUTHORITY 37,328.82 261 E-911 UTILITY 255.82 274 FEDERAL GRANTS FUND 19,489.43 276 NSP GRANTS FUND 9,136.98 402 CAP PROJ - BUILDING CONSTRUCTION 1,278.24 584 GOLF FUND 74,329.90 592 WATER & SEWER FUND 375,404.18 661 FLEET MAINTENANCE 54,926.80 702 CONSTRUCTION ESCROWS: 28,742.15 736 POST EMPLOYMENT BENEFITS 189,868.25

TOTAL - ALL FUNDS 2,479,198.39

May 13, 2014 1

RESOLUTUION

R-1. Resolution Of Support For Michigan Townships Association's Robert R. Robinson Scholarship Application

Motion by McLaughlin, supported by Anthony to adopt the Resolution of Support for Michigan Townships Association's Robert R. Robinson Scholarship Application of James Tatum. Motion carried by all members present.

RESOLUTION OF BOARD OF TRUSTEES CHARTER TOWNSHIP OF CANTON

Resolution Of Support For Michigan Townships Association’s Robert R. Robinson Scholarship Application

WHEREAS, the Michigan Townships Association administers a scholarship fund established in memory of Robert R. Robinson, former executive director of the association; and

WHEREAS, the purpose of the scholarship fund is to help students in Michigan who are preparing for a career in public administration; and

WHEREAS, the scholarship is awarded on a competitive basis to a junior, senior or graduate student enrolled in a Michigan college or university, who is pursuing a degree in public administration and considering a career in local government administration, as determined by the applicant’s academic achievement, community involvement and commitment to a career in local government administration; and

WHEREAS, James Tatum, currently a Senior at Eastern Michigan University, has demonstrated academic achievement with a 3.4 grade point average; and

WHEREAS, James has presented two research papers at 2014 Undergraduate Symposium and serves as Opinions Editor for The Eastern Echo campus newspaper; and

WHEREAS, the scholarship application requires a resolution of support from an MTA-member Michigan township board;

NOW THEREFORE BE IT RESOLVED, the Canton Township Board supports the application of Canton Township resident James Tatum for the Robert R. Robinson Memorial Scholarship.

______May 13, 2014 Philip J. LaJoy, Canton Supervisor

PUBLIC HEARING: Item PH - 1 Public Hearing Approval of 2014 CDBG Program Year and Annual Action Plan. (FBD)

May 13, 2014 2 Motion by McLaughlin, supported by Sneideman to open the public hearing open at 7:07 p.m. to hear comment on the Advisory Council recommendations for the PY 2014 Community Development Block Grant Program.

Budget Manager, Carolyn Cox was present to address any questions the Board or public might have.

Trustee Yack stated he would be voting "no" because the Housing Rehab portion of the program is used for individual homes. He would rather the township find a project that would benefit the township as a whole. His statement is not intended to diminish the value to the individual homes that are renovated. As per a recommendation by the Supervisor, Trustee Yack agrees to be on the committee next year.

Trustee Sneideman asked how the process works.

Budget Manager Cox explained the program has a waiting list for housing-rehab at all times and as funds become available they are notified to apply. The Finance Department will income qualify the applicant. The Building Department inspects the property to evaluate the work necessary.

Trustee Sneideman asked if there are before and after pictures available. Cox replied yes.

Trustee McLaughlin explained the contractor bids will come before the Board before any work is done.

No Public Comments were made.

Motion by McLaughlin, supported by Williams to close the public hearing at 7:10 p.m. Motion carried by all members present.

Motion by McLaughlin, supported by Williams to accept the recommendations of the Canton CDBG Advisory Council for the PY 2014 Community Development Block Grant Program and to forward the adopted program to the Department of H.U.D. as the Canton PY 2014 Final Statement:

Activity Funding First Step $15,000 Neighborhood Legal Services $13,361 Wayne-Metro CAA $15,000 Growth Works $ 1,500 Summit Scholarships $ 2,500 Tutoring Services (At-Risk Youth) $ 2,500 Program Administration $66,482 Housing Rehabilitation $ 116,068 ADA Projects $ 100,000

May 13, 2014 3 TOTAL: $ 332,411

The CDBG Advisory Council is submitting its recommendations for projects and project funding for the PY 2014 CDBG (Community Development Block Grant) Program. The recommendations were formulated following a public hearing on project proposals on April 17, 2014. Council recommendations generally follow the PY 2013 CDBG Program especially with regards to the recommendations for Human Service Agencies funding.

The Human Service Agencies-- First Step, Neighborhood Legal Services Michigan, Growth Works and Wayne-Metropolitan Community Action Agency—are recommended to receive approximately the same allocations as last year. For fuller project descriptions and recommended budgets, please refer to the attached exhibit. Motion carried by: Ayes-5; Nays-1.

May 13, 2014 4

Charter Township of Canton, Michigan

Annual Action Plan PY 2014

Fourth Program Year Action Plan The CPMP Fourth Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that CDBG, HOME, HOPWA, and ESG grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. The Executive Summary narratives are optional.

Narrative Responses

GENERAL

Executive Summary

The Executive Summary is required. Include the objectives and outcomes identified in the plan and an evaluation of past performance.

Program Year 4 Action Plan Executive Summary:

The PY 2014 action plan/final statement remains consistent with previous action plans. The major project categories remain public services (15 percent), housing rehabilitation, ADA Compliance, with administration constituting the remainder. Public service projects provide a mix of services, including domestic violence prevention services, seniors legal, and rent and mortgage assistance. As in the previous action plan, housing rehabilitation is a major program component with the goal of rehabilitating 15-20 homes during PY 2014. The human service agencies assisted in the public services element of Canton’s CDBG program all have ties, either through tenancy or referral, to the Human Services Center, which was built largely with CDBG funds. Along with the 2014 PY allocation, Canton Township will be reprogramming prior year funds that are available in our line of credit. Canton Township closed or completed numerous prior year programs and has money available. These funds also go against our “timeliness ratio” and we have ADA compliance work that needs to be addressed.

All projects in the PY 2013 action plan have been completed or will be completed in 2014. The goal of expanding the housing rehabilitation program has been successful, with 15 homes rehabbed in PY 2013. The human service agencies continued to meet or exceed their customer service goals.

Fourth Program Year Action Plan 1 Version 2.0 Jurisdiction

General Questions

1. Describe the geographic areas of the jurisdiction (including areas of low income families and/or racial/minority concentration) in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas.

Area benefit is township/community wide. No area benefit projects are include in the PY 2014 action plan. The FY 2011-2016 Consolidated Plan identified 6 census tract block groups that qualify for area benefit projects using the quartile system and a 38.0 percent low-mod standard

2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215(a)(1)) during the next year and the rationale for assigning the priorities.

No geographic priorities are planned for the PY 2014 action plan.

3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs.

The loss of affordable housing and consequent cost of vacant land is one of the primary obstacles to adequate affordable housing stock in Canton. Canton experienced a 15-year residential building boom which drove the cost of land to approximately $50,000 for a single family lot. In addition, most housing in Canton is still relatively new, having been built since the mid 1970s, Canton is served by three school districts, but most of the developed Canton is in the acclaimed Plymouth- Canton School District, imposing a premium in housing costs and assessments. The U.S. Census 2009 Community Survey lists the median household income for Canton at $82, 874. New housing construction is market driven and typically targets higher income homeowners. Development is concentrated in the single-family detached housing and condominiums. The median value for a home in Canton in 2009 was $231,800. Since Canton was viewed as a lucrative market for housing of middle and upper class white collar workers, Canton lost hundreds of affordable housing units from the late 1990s through early 2004. These multi- family units have not been replaced.

Development in Canton Township concentrated in single family detached housing, condominiums and two-story townhouses. The latter proves to be a major challenge for the elderly as Canton attracts a large retirement and elderly population. According to the American Community Survey 2010 survey Canton Township has a total population of 90,173 – almost 20% increase from the census count in 2000. There are 6,369 senior residents or 7% of the population.

Distressed economic conditions in Michigan and Canton in particular has the potential to reduce the safety net and increase resource requirements for highly vulnerable persons at risk of becoming homeless, actually homeless or those special need populations in need of supportive housing.

Fourth Program Year Action Plan 2 Version 2.0 Jurisdiction

Despite the relative affluence of Canton, economic stress continues to adversely affect the township’s sales and property tax revenues in addition to user fees, and this is increasing the demand for resources for neighborhood stabilization, public services, capital improvements, and infrastructure support. Low and very low income homeowners are also finding it difficult to maintain their homes preferring to defer maintenance. As such, the township increased its focus on providing rehabilitation assistance to those families.

A significant obstacle to address unmet needs in Canton is lack of adequate funding to meet the level of need that exists. To mitigate this obstacle, the Township contributes General Fund Revenue where available to meet community development needs and seeks non-federal funding sources.

4. Identify the federal, state, and local resources expected to be made available to address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low-Income Housing Tax Credits, and competitive McKinney-Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan.

Program Year 4 Action Plan General Questions response:

It is Canton Township’s intent to utilize 100 percent of its Federal Funded CDBG resources for activities that will benefit low-and-moderate income persons. No state or local funds are anticipated. There are no Section 8, Low-Income Housing Tax Credits, and McKinney-Vento Homeless assistance funds anticipated.

Under the Housing Act of 1937, Canton Township does not qualify for public housing.

Managing the Process

1. Identify the lead agency, entity, and agencies responsible for administering programs covered by the consolidated plan.

The lead agency for the PY 2014 action plan and consolidated plan is the Finance Department of the Charter Township of Canton, 1150 S. Canton Center Road, Canton, MI 48188-1699. The Finance Department assumed responsibility for the CDBG program in October 2008. Previously, CDBG was administered by the Community Services Division which had been responsible for administering the CDBG program since Canton became an entitlement community in 1991. As in previous years, Canton’s community needs, resources, and opportunities have remained fairly consistent, permitting the CDBG program planning to take on a longer-range view.

2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process.

The planning process for the PY 2014 CDBG program actually began with the HUD approval of the PY 2013 program. Canton’s CDBG program planning is a

Fourth Program Year Action Plan 3 Version 2.0 Jurisdiction

continuing process with each year’s activities dependent on the priorities and performance of previous years’ activities. There are few “surprises” in the program. Community needs, resources, and opportunities are consistent from year to year, which permits CDBG program planning to take the “long view.” Thus the roots of the PY 2014 action plan are readily discernable in the PY 2013 program and earlier. In April, the public was formally notified about the PY 2014 CDBG allocation and the opportunity for public proposals and comments. The CDBG Advisory Council held the first required public hearing on April 17, 2014, to hear project proponents and citizen comments. The Council’s project and funding recommendations were heard in the second required public hearing before the Canton Township Board of Trustees on May 13, 2014. Both public hearings were duly legally noticed. The groups, organizations and human service agencies participating in the planning process were First Step, Growth Works, Neighborhood Legal Services Michigan, Canton Township Leisure Services Department, the Canton Human Services Center, and Wayne Metropolitan Community Action Agency.

3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies.

Coordination among human service and housing providers will continue in 2014- 2015. The Finance Department participates in the stakeholders group of the Canton Human Services Center, which monitors the human services agency tenants and activities at the center. The stakeholders group is active in pursing policies to attract human service providers to Canton and the center.

Under the Housing Act of 1937, Canton Township does not qualify for public housing.

Program Year 4 Action Plan Managing the Process response:

Citizen Participation

1. Provide a summary of the citizen participation process.

On May 21, 2003, Canton Township adopted its current Citizen Participation Plan, which is incorporated in our most recent Consolidated Plan. Canton Township appoints five local residents to serve on a Community Development Block Grant Advisory Council, and assist with citizen participation activities. Canton held the required two public hearings for the PY 2014 CDBG action plan. The first was April 17, 2014 before the Canton CDBG Advisory Council. The second public hearing was held before the Canton Township Board of Trustees on May 13, 2014. The Board considered and approved the Advisory Council project and project funding recommendations. Both public hearings were legally noticed: the Advisory Council on April 17, and the Board on May 13, 2014.

2. Provide a summary of citizen comments or views on the plan.

There were no citizen comments on the PY 2014 action plan. This is, however, not abnormal since the Canton CDBG program is consistent from year to year and avoids controversial projects.

Fourth Program Year Action Plan 4 Version 2.0 Jurisdiction

3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non- English speaking persons, as well as persons with disabilities.

Canton staff and consultant were available to answer questions, take suggestions, and address concerns through the following means: Three public hearings for Canton residents and community groups were held to solicit public input in the development of the Consolidated Plan. The first was held on October 20, 2010 before the Canton CDBG Advisory Council. The second public hearing was held before the Canton Township Board of Trustees on November 9, 2010. The third public hearing was held before the Canton Board of Trustees as a “Study Session.” The study session with the Board was held to identify the greatest community and housing needs in the Township and prioritization of funding to address the needs. The public hearings were legally noticed. A fourth and final public hearing was held on June 27, 2011 to receive public comment on the completed plan. Interviews were conducted with representatives of over 22 nonprofit agencies, private sector companies and other non-Township governmental agencies interacting with the community or providing community development services. An online citizen survey that polled citizens to identify the greatest community and housing needs in the Township and prioritization of funding to address the needs. Twenty Two (22) responses were received. A 30-day public comment period was provided for the Strategic Plan and Action Plan as required. All Trustee meetings are broadcast on Canton Community Cable Television (CCTV) at Comcast (Channel 12) and Wide open West (Channel 10), as well as available for viewing as a video on the Township’s web page.

The Township staff is prepared to offer technical assistance to citizens, groups, and organizations as it administers the CDBG program. At the end of each funding year, Canton must prepare a document that describes the expenditure of federal CDBG monies and offers a performance report to HUD. This CAPER process includes and public notice, public hearing, and provides citizens a comment period of at least fifteen (15) days. Canton will consider any comments or views of citizens received in writing, or orally at public hearings, as it relates to the Consolidated Plan, amendments, and the CAPER. Any written response will receive written reply by Canton Township within fifteen days. Canton is always exploring ways to increase participation in its programs through press releases, its cable television station, a quarterly community newsletter mailed to more than 34,000 Canton addresses. Outreach to minorities, non- English speaking persons and persons with disabilities is facilitated through our Leisure Services department, specifically our Cultural Commission.

4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. There were no comments not accepted during the PY 2013 CDBG planning process. *Please note that Citizen Comments and Responses may be included as additional files within the CPMP Tool. Program Year 4 Action Plan Citizen Participation response:

Fourth Program Year Action Plan 5 Version 2.0 Jurisdiction

Institutional Structure

1. Describe actions that will take place during the next year to develop institutional structure.

Program Year 4 Action Plan Institutional Structure response: The institutional structure through which Canton will implement the Consolidated Plan and the Annual Plan will be very similar to the structure employed to carry out our prior Action Plan goals and objectives. The Canton Township Board of Trustees has delegated the responsibility of carrying outs it’s Plan to the Finance and Budget Department. This department has the responsibility for daily operation, planning, administration, and implementation of the townships CDBG program. The Finance & Budget Department has maintained program compliance and effectiveness through diligent work and cooperation with many private, public and nonprofit organizations. More specifically, the Finance and Budget Department has sought input in program design and implementation strategies. This includes staff outreach to community residents and stakeholders, and consultation with other municipalities, Wayne County, Washtenaw County, and the State of Michigan. This process has aided in the identification of local needs and the areas of mutual concern and collaboration on private and governmental levels.

The CDBG Advisory Council is an integral part of the Canton’s CDBG program. The Council meets several times annually to review the progress of the CDBG program and it holds the key meetings, including public hearings, that result in recommendations to the Canton Board of Trustees regarding the annual plan projects and funding levels. It also makes recommendations regarding amendments to the program, such as the addition of new projects, the reprogramming of funds, and the cancellation of nonperforming activities. It scrutinizes the performance of the subrecipient human service agencies and makes annual funding recommendations based on agency success in reaching promised benchmarks. The Council is composed of five Canton residents, appointed by the Township Supervisor and approved by the Township Board, who represent stakeholders in the CDBG program.

The Finance & Budget Department performs staff oversight of all programs and activities, whether undertaken directly by the township, or undertaken by sub recipients. This includes, but is not limited to, reviewing internal management data, on-site reviews of projects and activities, providing technical assistance whenever appropriate, and ensuring program and goal achievements.

Canton will continue to work to provide linkages among the human service providers serving Canton whether through participation in the Canton Human Services Center or separately. In addition, Canton will seek to attract additional service providers to Canton, as it did successfully in 2006. The Finance Department maintains regular staff contact with the Human Services Center administrators, and provides the vehicle for inter-agency contact and problem resolution.

Fourth Program Year Action Plan 6 Version 2.0 Jurisdiction

Monitoring

1. Describe actions that will take place during the next year to monitor its housing and community development projects and ensure long-term compliance with program requirements and comprehensive planning requirements.

Program Year 4 Action Plan Monitoring response:

The Finance and Budget Department is responsible for administering the CDBG program and has daily contact with the public, projects, Canton staff, and other agencies that receive funds through this program. Staff monitors activities and provides technical assistance to all other departments and sub recipient agencies. Staff provides oversight of projects run by the township, and regular review and oversight of sub recipient programs and progress reports. Staff has been diligent with the timely expenditure of federal funds and has made sure that regulations have been followed prior to the release of funds.

Canton Township shall monitor its Consolidated Plan strategies by utilizing the CAPER to ensure that its community development goals are being carried out in a timely manner. The Finance & Budget Department is responsible for ensuring that the performance of CDBG program funding meets the national objectives established by Congress and the programmatic requirements established by HUD. Canton’s Finance and Budget Department maintains a continual performance monitoring system through the annual single audit at the end of each calendar year and the annual performance report at the end of each CDBG program year which includes HUD’s performance measurement reviews.

Canton has an integral program goal of completing CDBG requests for reimbursements (drawdowns) in a timely manner. The drawdowns are electronically submitted to HUD via the computer based Integrated Disbursement and Information System (IDIS). Program accomplishments are also reported to HUD via the IDIS on a quarterly basis.

Prior to the award of CDBG funds, all awardees receive a pre-contract review to assess the capacity of the agency’s administrative and fiscal management systems to successfully complete the proposed activities.

After funding approval, ongoing desktop monitoring and technical assistance is provided on a continual basis as monthly billings are reviewed and processed. In addition, on-site monitoring visits may be conducted at least annually.

The Canton Human Services Center will be monitored during the plan year to assure that 51 per cent of the clients are low/mod income. The requirement has been readily exceeded at all stages since the facility opened in the fall of 2003. Growth Works, the lead agency for the center, collects income data from all human service providers in the center and reports to Finance Department on a quarterly basis. Canton also monitors the performance of the sub recipient agencies that receive funding through the CDBG program. The agencies are First Step, Neighborhood Legal Services Michigan and Wayne-Metropolitan Community Action Agency. Billing statements are checked for client information, and the agencies submit quarterly client demographic information.

Fourth Program Year Action Plan 7 Version 2.0 Jurisdiction

Work in the housing rehabilitation program is monitored for quality; all work must pass Building Department inspections before payment is issued. In addition, homeowner approval is required before contractor payment. The housing rehabilitation program will be increasingly important as Canton continues to lose affordable rental housing. The preservation of affordable housing is addressed primarily through housing rehabilitation since Canton controls or administers no affordable housing. The criteria for self-monitoring are established in the Consolidated Plan and in the annual plan. The Consolidated Plan establishes program priorities and self-monitoring performance targets for the human services center, public service agencies, and housing rehabilitation. The PY 2011-2016 Consolidated Plan continues the performance benchmarks for self-monitoring established in prior plans.

Lead-based Paint

1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead-based paint hazards in order to increase the inventory of lead-safe housing available to extremely low-income, low-income, and moderate-income families, and how the plan for the reduction of lead-based hazards is related to the extent of lead poisoning and hazards.

Program Year 4 Action Plan Lead-based Paint response:

The new 2011-2016 Consolidated Plan makes clear that “Lead based paint is not a major concern in Canton Township, although there is housing constructed prior to 1978, when lead was eliminated from paint.”

Canton’s Housing Inventory and Low Income Households “at risk” from lead based paint hazards shows that housing units built between 1979 and 1969 were 10,302 (33.1%) and housing units built before 1969 were 2,692 or 8.6%

Lead-based paint is addressed through the housing rehabilitation program, which treats the problem aggressively. While the housing rehabilitation program is set up to address lead based paint as part of a housing rehabilitation project, it is possible to address lead based paint as a separate and unique project; that is lead based paint alone is enough to trigger a rehab project. This indicates the increased prominence lead based paint is now accorded by Canton Township. Township building officials who in the past referred residents to the housing rehabilitation program for building code violations now make referrals for possible lead based paint hazards. In 2005, Canton initiated a rehab project that required the relocation of the homeowner during lead-based paint abatement.

Fourth Program Year Action Plan 8 Version 2.0 Jurisdiction

HOUSING

Specific Housing Objectives

*Please also refer to the Housing Needs Table in the Needs.xls workbook.

1. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year.

Canton Township has established 7 goals for its CDBG program. These priority issues are focused on the desire to provide decent housing, provide a suitable living environment and expand economic opportunities. The community shall commit and spend funds and support projects and programs that achieve these strategies. The following goals and objectives are specifically for housing needs:

Goal 1: To increase homeownership rehabilitation opportunities for low and moderate income households. Objective 1.1: Canton Township will continue to fund an owner occupied single family housing rehabilitation program and complete up to 10 units per year.

Objective 1.2: To increase homeowner rehab opportunities, Canton will investigate the feasibility of developing public/private partnerships in the area of delivering owner-occupied, single family rehabilitation to its residents.

Objective 1.3: To increase participation from targeted groups (elderly and special needs populations), Canton will develop and execute marketing efforts to attract additional housing rehabilitation candidates.

Goal 2: To increase homeownership opportunities for low and moderate income households

Objective 2.1: Canton Township will work with nonprofit and government agencies that provide home buyer counseling and down payment assistance programs.

Objective 2.2: Canton Township will work with nonprofit and for-profit housing developers, lenders, and other partners to build new, or acquire and rehabilitate, housing for low and moderate income households.

Goal 3: To improve the quality, management and supply of existing rental property available to low and moderate income households.

Objective 3.1: Canton shall continue to work with tenants and landlords regarding the provision of decent, safe and sanitary rental housing that complies with appropriate state and local building codes.

2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan.

Program Year 4 Action Plan Specific Objectives response:

Fourth Program Year Action Plan 9 Version 2.0 Jurisdiction

The specific housing objective for PY2014 is to maintain activity in the housing rehabilitation program. For PY 2014, Canton maintains funding for the housing rehabilitation program, allocating $116,068 towards the program. The intention is to maintain the increased level of applications to the housing rehabilitation program. Applications have, in fact, increased significantly because of previous aggressive publicity efforts in the form of cable announcements, press releases, and publication of program details in the Township-wide community newsletter.

Needs of Public Housing

1. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership.

2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year.

Program Year 4 Action Plan Public Housing Strategy response:

Under the Housing Act of 1937, Canton Township does not qualify for public housing.

Barriers to Affordable Housing

1. Describe the actions that will take place during the next year to remove barriers to affordable housing.

Program Year 4 Action Plan Barriers to Affordable Housing response:

The most important barrier to affordable housing in Canton is land values, which have risen dramatically throughout Canton in recent years. Canton has experienced a 15-year residential building boom, which has driven of the cost of land to $50,000 for a single-family residential lot. The most affected areas are southern portions of the Canton and Michigan Avenue corridor. Due to saturation and development of housing in the busy Ford Road corridor, Michigan Avenue has become the “hot” real estate market area in Canton. Although the Michigan Avenue corridor is not zoned or master planned for residential development, rising land prices throughout Canton have impacted residentially zoned land north of the corridor, rendering affordable housing development impracticable. Throughout Canton, expensive homes yield the highest profit margins for the builder, and are most likely to sell. Canton has become a nominal player in land acquisition attempts, particularly for park land or green space, since it is routinely bested in land purchase attempts by lucrative developers. The more recent economic downturn has helped to moderate land costs somewhat, but this has not significantly affected prices of residential properties.

Fourth Program Year Action Plan 10 Version 2.0 Jurisdiction

Canton’s strategy to preserve affordable housing lies in the housing rehabilitation program, which seeks to rehabilitate housing in older neighborhoods where many retirees are now living on fixed incomes, and where incomes have not kept up with an increasing cost of living. Canton’s housing codes are not barriers to affordable housing since they simply guarantee housing that meets minimum standards. Canton follows the current International Property Maintenance Code, HUD Housing Quality Standards (HQS) and current Michigan Residential Code. The codes are used in all new housing and building inspections. They are also used in the housing rehabilitation program. All rehab work specifications are written and inspected following the codes. The inspectors are Building Department employees.

HOME/ American Dream Down payment Initiative (ADDI)

1. Describe other forms of investment not described in § 92.205(b).

2. If the participating jurisdiction (PJ) will use HOME or ADDI funds for homebuyers, it must state the guidelines for resale or recapture, as required in § 92.254 of the HOME rule.

3. If the PJ will use HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under § 92.206(b). The guidelines shall describe the conditions under which the PJ will refinance existing debt. At a minimum these guidelines must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. d. Specify the required period of affordability, whether it is the minimum 15 years or longer. e. Specify whether the investment of HOME funds may be jurisdiction-wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG.

4. If the PJ is going to receive American Dream Down payment Initiative (ADDI) funds, please complete the following narratives: a. Describe the planned use of the ADDI funds. b. Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families.

Fourth Program Year Action Plan 11 Version 2.0 Jurisdiction

c. Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers.

Program Year 4 Action Plan HOME/ADDI response:

Canton Township does not qualify for HOME/ADDI funding.

HOMELESS

Specific Homeless Prevention Elements

*Please also refer to the Homeless Needs Table in the Needs.xls workbook.

1. Sources of Funds—Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney-Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly-owned land or property. Please describe, briefly, the jurisdiction’s plan for the investment and use of funds directed toward homelessness.

The source of funds for homeless prevention in Canton is the CDBG program— specifically housing rehabilitation. In addition, Canton is served by human service agencies specializing in homeless issues or having a strong nexus to homeless prevention. First Step and Wayne-Metropolitan Community Action Agency fall within this category. Although both are CDBG sub recipients, most of their funding for homeless prevention comes from other sources than CDBG.

2. Homelessness—In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps.

The priority homeless needs of the Strategic Plan are the preservation of existing affordable housing and the addition of affordable housing units. The expansion of the housing rehabilitation program will help preserve housing for low and moderate income residents. Funding is the only significant obstacle to the housing rehabilitation program; however in FY 2014, $116,068 will be allocated for this activity, and equally high program funding levels are planned for the next several CDBG fiscal years.

3. Chronic homelessness—The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2015. Again, please identify barriers to achieving this.

Fourth Program Year Action Plan 12 Version 2.0 Jurisdiction

The major obstacle for the construction of new affordable housing units is the high cost of land in Canton. Market forces are dictating that new home/multi- family housing construction in Canton is targeted towards middle and upper income residents. Buildable residential lots in Canton begin at $50,000, making it difficult for agencies like Habitat to initiate projects in the community. However, as described earlier, the abrupt slow-down in home construction because of the faltering economy may begin to force more affordable vacant residential lots on the market.

4. Homelessness Prevention—The jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless.

Canton is a new and prosperous enough community-- the median family income in 2009 was $82,887-- to be spared chronic homelessness as a priority concern. To address homeless prevention, Canton will continue to fund and work with First Step and the Wayne-Metropolitan Community Action Agency. First Step’s domestic violence counseling services and emergency shelter facility in the City of Wayne (formerly in Canton), are key elements in keeping battered women and their children off the streets. In addition, First Step assists in finding housing for their clients and provides housing counseling for women who may have never experienced household head and breadwinner status. Wayne Metropolitan Community Action Agency provides more direct homeless prevention assistance by providing three months of emergency rent or mortgage payment assistance. Because intense counseling and a “work-out” plan are a condition of the assistance, clients are taught the skills to avoid eviction or home loss. In addition, The Plymouth Salvation Army has made arrangements with a Canton motel to provide short-term emergency housing.

5. Discharge Coordination Policy—Explain planned activities to implement a cohesive, community-wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy.

Program Year 4 Action Plan Special Needs response:

Canton does not receive McKinney-Vento Homeless Assistance Act Emergency Shelter Grant (ESG), Supportive Housing, Shelter Plus Care, or Section 8 SRO Program funds, and consequently is not required to formulate a discharge coordination policy

Emergency Shelter Grants (ESG)

(States only) Describe the process for awarding grants to State recipients, and a description of how the allocation will be made available to units of local government. Program Year 4 Action Plan ESG response:

N/A CANTON IS NOT A STATE.

COMMUNITY DEVELOPMENT

Fourth Program Year Action Plan 13 Version 2.0 Jurisdiction

Community Development

*Please also refer to the Community Development Table in the Needs.xls workbook.

1. Identify the jurisdiction's priority non-housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), public facilities, public improvements, public services and economic development.

The FY 2011-2016 Consolidated Plan identifies 3 goals in regards to non-housing communtiy development.

Goal 5: To increase access to quality public and private facilities and services.

Objective 5.1: Canton Township will continue to work with Growth Works, government agencies, stakeholders, and other service agencies to solicit tenants/programs for the Canton Human Service Center.

Objective 5.2: Canton Township will continue to provide and finacially support public/human service activities that benefit low and moderate income residents. This includes, but is not limited to, the senior citizen and handicapped transportation program.

Goal 6: To increase job creation and retention.

Objective 6.1: Canton Township will continue to work with companies and businesses on the provision of jobs, especially those that serve low and moderate income person.

Objective 6.2: Canton Township will continue to work with State and County agencies on the attraction and retention of local jobs.

Objective 6.3: Canton Township will continue solicit government and private agencies that may occupy space and/or provide services within the Human Service Center.

Goal 7: promote a suitable living environment, improve safety and livability, reduce isolation, support family structures, and facilitate access to mainstream resources for special needs populations.

Objective 7.1: Canton Township will provide financial support to nonprofits that provide supportive services designed to support individuals and families with special needs (elderly, frail elderly, severe mental illness, developmentally disabled, physically disabled, persons with alcohol/other drug addictions, and persons with HIV/AIDS).

Fourth Program Year Action Plan 14 Version 2.0 Jurisdiction

2. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low- and moderate-income persons. *Note: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other measurable terms as identified and defined by the jurisdiction.

Infrastructure needs identified in the Consolidated Plan include water and sewer improvements, street improvements, sidewalks, and flood drain improvements. All these needs are very costly and cannot be addressed by Canton’s modest CDBG allocation alone. Furthermore, the few census block areas qualifying for area benefit projects are for the most part not in the areas of infrastructure need. Nevertheless, some localized infrastructure needs can be addressed with modest CDBG funding. A significant infrastructure project is Americans with Disabilities Act (ADA) improvements to Township facilities. Numerous changes to the act since its inception have resulted in the need to make improvements to Township buildings, facilities and playground equipment that met ADA standards when originally constructed or improved. The improvements will be done under a formal tranistion plan undertaken by the Township.

Public Service needs specified in the Consolidated Plan relate to senior, handicapped, youth, substance abuse, and crime awareness. While the PY 2014 CDBG action plan allocates funds to all of these needs in some degree, the non- CDBG dollars Canton devotes to these needs is very significant. Canton funds and administers, in cooperation with Huron Valley Ambulance, the “Canton Community Mobility Transportation Services” program. The program provides door-to-door transportation for seniors aged 55 and over and for the disabled. The service extends into Wayne and Washtenaw Counties. Canton spends more than $100,000 annually on the program. Canton devotes its own funds in assigning a police community policing team in three mobile home parks in southwest Canton. The program has reduced crimes in the mobile home parks as well built a relationship between the park residents and the police. Most residents in these mobile home parks are low-income.

The Leisure Services Department has significant programs assisting low and moderate income residents. The Department runs recreation activities specifically for children and youth in the mobile home parks on Michigan Avenue, and includes transportation and lunches in its programming. The Department operates a teen center. Most teens who use the teen center live in the mobile home parks. The community center offers “scholarships” to residents who meet the income qualifications of the CDBG program.

Fourth Program Year Action Plan 15 Version 2.0 Jurisdiction

No priorities are listed under Economic Development since Canton has no trouble attracting investment. In June 2006, IKEA, the Swedish furniture maker, opened a store in Canton, the first one in Michigan. IKEA is likely to be the biggest commercial draw in Michigan and attracts customers from Ohio and the Midwest. IKEA has provided additional commercial spark for the Ford Road corridor. In 2007, a stand-alone Starbuck’s coffee shop opened on Ford Road in Canton. Borders Books opened in 2007, also on Ford Road. Across the street from Border’s, a JC Penney store opened in spring 2008. Ford Road is Canton’s main commercial thoroughfare and is overseen by the Canton Downtown Development Authority (DDA). Meanwhile, Michigan Avenue is also booming commercially. In 2008 a mall, containing such stores as Kohl’s, Target, and PetSmart opened on Michigan Avenue. A Walmart Superstore opened in 2011.

Priorities for community planning are modest, since Canton has already instituted serious and sophisticated planning efforts for housing, master planning, and downtown development. Planning in CDBG will be incorporated into activity budgets according to HUD guidelines. In response to the challenging economic climate, Canton recently created the position of Economic Development Managaer to lure businesses to Canton.

Canton has a $2,182,988 allocation under the Neighborhood Stabilization Program (NSP) to purchase and resell foreclosed homes. The NSP is authorized by the Title III of Division B of the Housing and Economic Recovery Act, 2008 (HERA). Funds under the act may be used to buy foreclosed and abandoned homes; to buy land and property; to demolish or rehabilitate abandoned properties; and to offer downpayment and closing cost assistance to middle income (less than 120% of Area Median Income (AMI)) homebuyers. The funds must be obligated within 18 months of receipt of the award agreement from the Department of Housing and Urban Development (HUD), and all funds must be spent within four years of agreement receipt. Any funds remaining at the end of the four years are recaptured by HUD.

NSP funds must be distributed to geographic “areas of greatest need” in the community. Need is determined by areas which meet the three qualifiers of the greatest percentages of home foreclosures, the highest percentages of homes financed by subprime mortgage instruments, and which have been identified by the community as likely to face a significant rise in the rate of foreclosures,

At least 25 percent of Canton’s funds ($545,747) must be used for the purchase or redevelopment of abandoned or foreclosed residential properties to house individuals or families whose incomes do not exceed 50 percent of the Area Median Income. ($34,950 for a family of four.) The remaining funds (a maximum of $1,637,241) must be used to assist individuals and families whose incomes do not exceed 120 percent of the Area Median Income. ($83,900 for a family of four.) Canton must ensure that homebuyers undergo at least eight hours of homebuyer counseling and do not use a subprime mortgage in the purchase

Program Year 4 Action Plan Community Development response:

Fourth Program Year Action Plan 16 Version 2.0 Jurisdiction

Antipoverty Strategy

1. Describe the actions that will take place during the next year to reduce the number of poverty level families.

Program Year 4 Action Plan Antipoverty Strategy response:

Canton Township has analyzed the existence of poverty, and selected a number of public/private partnerships to address the housing and community development needs of its low and moderate income citizens. Canton will continue to fund its single family housing rehab program, and work with landlords, developers, and non profit agencies to enhance rental and owner occupied housing. Canton Township has used CDBG monies to construct the Human Service Center, where agencies and clients can come together to receive information, assistance, and referrals. Canton will continue to work toward having state; county and local providers coordinate centralized resources from this facility.

Starfish Family Services (SFS), headquartered in Inkster , Michigan, is a nonprofit agency serving vulnerable children and families in metro Detroit. As part of its strategic planning process in 2010, SFS commissioned a Community Needs Assessment of Western Wayne County communities. This report represents a thorough review of these issues. The report profiles the demographic and socioeconomic characteristics of the SFS communities and identifies the geographical areas of greatest stress on children and families living in poverty. According to the report, the last decade has been one of the most difficult that Wayne County has endured. By 2009, median household income had fallen 27% and the unemployment rate had risen to 16% from their levels in 2000. Estimates of the poverty rate between 2000 and 2009, show an increase from 16.4% to 24.0 % for all persons; and from 23.0% to 34.7% for children. Wayne County’s 2009 population fell 6.6% between 2000 and 2009, a loss greater than any other county in the U.S. However the growth communities were those on the outer fringes – Canton Township, Plymouth Township and City, Northville Township and City – which, up until 2006-2007, experienced a great deal of new residential construction. While the economy slowed construction throughout the region, these areas were able to hold onto their population growth. According to the SFS report, the economic differences are stark. At the low end are Inkster, Dearborn, Wayne and Taylor – where 15% or more households make less than the 2009 poverty level for a family of four of approximately $20,000 and 40% or more below $45,000. On the other end of the spectrum, Livonia, Canton, Plymouth and Northville – all less than 10% below $20,000 and less than 25% below $45,000. Unemployment rates by census tract follow a similar pattern. Canton will continue to fund the maximum (15% of its CDBG allocation) for Public Service Programs. The Canton community supports a broad range of services, including those dealing with homelessness, elderly, youth, and the low moderate income population.

Fourth Program Year Action Plan 17 Version 2.0 Jurisdiction

NON-HOMELESS SPECIAL NEEDS HOUSING

Non-homeless Special Needs (91.220 (c) and (e))

*Please also refer to the Non-homeless Special Needs Table in the Needs.xls workbook.

1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan.

Objective 7.1: Canton Township will provide financial support to nonprofits that provide supportive services designed to support individuals and families with special needs (elderly, frail elderly, severe mental illness, developmentally disabled, physically disabled, persons with alcohol/other drug addictions, and persons with HIV/AIDS). While there are a sufficient number of units available for rental by citizens with special needs, it is believed that with the increased health care costs of citiznes with special needs, these citizens would have a more difficult time maintaining payment of rent for a rental housing unit over a long period of time. The Michigan State Housing Development Authority provides rental assistance to Wayne County housholds with special needs.

Canton’s non-homeless special needs include the housing retention and affordable housing augmentation priorities addressed in the housing rehabilitation program. Also discussed in detail above is the project to relocate First Step’s domestic abuse “safe house.” The recreational needs of low/mod young persons aged 11-18 were addressed in the renovation of the Teen Center here at Canton’s Administration Building. Most teens who use the center come from the mobile home parks. The Department is devoting considerable amounts of its own resources to Teen Center programming, including staffing, building renovation, and transportation.

2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan.

The Michigan State Housing Development Authority provides rental assistance to Wayne County housholds with special needs. Transportation is another non- homeless need that Canton is using its own resources to address. Canton Community Mobility Transportation Services was created and funded by Canton Township to provide transportation for its seniors and disabled residents. The financial commitment to the program exceeds $100,000 annually, and includes the use of $28,000 from a Specialized Services Operating Assistance program grant from the Suburban Mobility Authority for Regional Transportation (SMART).

Program Year 4 Action Plan Specific Objectives response:

Fourth Program Year Action Plan 18 Version 2.0 Jurisdiction

Housing Opportunities for People with AIDS

*Please also refer to the HOPWA Table in the Needs.xls workbook.

1. Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range/ type of housing activities to be done during the next year.

2. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless.

3. Evaluate the progress in meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans.

4. Report on annual HOPWA output goals for the number of households assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care.

5. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan.

6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan.

7. Describe any barriers (including non-regulatory) encountered, actions in response to barriers, and recommendations for program improvement.

8. Please describe the expected trends facing the community in meeting the needs of persons living with HIV/AIDS and provide additional information regarding the administration of services to people with HIV/AIDS.

9. Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year.

Program Year 4 Action Plan HOPWA response:

The U.S. Centers for Disease Control provides data that approximately 8.7 new cases of HIV occurred in the Detroit Metro area for every 10,000 persons. Data for just Canton or even Wayne County is not available. However, the Michigan Department of Community Health provided statistics that suggests there were a maximum of 15 person with AIDS and of low mod income in Canton in 2009, It is difficult to formulate a realistic housing opportunity strategy based on this low a number of statistical persons. Given this fact, persons with AIDS, when

Fourth Program Year Action Plan 19 Version 2.0 Jurisdiction

encountered, will be treated as persons with disabilities for purposes of housing need, and will be assisted through the regular housing provision process.

The HOPWA objectives for PY 2011-2016 are to identify low/mod persons with AIDS and to assist them through the regular housing programs, In the case of housing rehabilitation, it would mean home repairs and/or modifications that would address the special needs of person with AIDS.

Specific HOPWA Objectives

Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan.

Program Year 4 Specific HOPWA Objectives response:

N/A, Canton does not qualify for HOPWA funding.

Other Narrative

Include any Action Plan information that was not covered by a narrative in any other section.

Fourth Program Year Action Plan 20 Version 2.0

Item PH - 2 Public Hearing Consider IFT Certificate for Greenfield Die & Manufacturing Corporation. (Supv)

Motion by McLaughlin, supported by Sneideman to open the public hearing open at 7:12 p.m. to consider IFT Certificate for Greenfield Die & Manufacturing Corporation. Motion carried by all members present. Kristin Thomas was present to address any questions the Board or public might have.

Trustee Williams commented, "Keep growing!"

Trustee Sneideman questioned what other abatements have been given over the past 10 years.

Supervisor LaJoy explained a chart exists with the past details. He agreed to share this with Sneideman.

No Public Comments were made.

Motion by McLaughlin, supported by Williams to close the public hearing at 7:15 p.m. p.m. Motion carried by all members present.

Motion by McLaughlin, supported by Yack to adopt the resolution Approving Application Of Greenfield Die & Manufacturing Corporation Industrial Facilities Exemption Certificate for Personal Property. Motion carried by all members present.

RESOLUTION APPROVING APPLICATION OF GREENFIELD DIE & MANUFACTURING CORPORATION INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE FOR PERSONAL PROPERTY

WHEREAS, pursuant to P.A. 198 of 1974, M.C.L. 207.551 et seq., after a duly noticed public hearing held on May 3, 1983, this Canton Board of Trustees by resolution established Northeast Canton Industrial Development District; and

WHEREAS, the Charter Township of Canton approved an application from Greenfield Die and Manufacturing requesting an Industrial Facilities Exemption Certificate for personal property investments located at 7295 Haggerty; and

WHEREAS, Greenfield Die and Manufacturing has filed an application for an Industrial Facilities Exemption Certificate with respect to personal property in the amount of $5,814,000 located within the Northeast Canton Industrial Development; and

WHEREAS, before acting on said application, the Charter Township of Canton held a hearing on May 13, 2014 at the Canton Administration Building, in Canton, at 7 p.m., at which hearing the applicant, the Assessor and a representative of the affected taxing units were given written notice and were afforded an opportunity to be heard on said application; and

WHEREAS, Greenfield Die and Manufacturing has substantially met all the requirements under Public Act 198 of 1974 for the Industrial Facilities Exemption Certificate; and

WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes

May 13, 2014 5 within the Charter Township of Canton, after granting this certificate, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted; and

NOW THEREFORE BE IT RESOLVED BY the Board of Trustees of the Charter Township of Canton that:

1. The Canton Board of Trustees finds and determines that the granting of an Industrial Facilities Exemption Certificate considered together with the aggregate amount of certificates previously granted and currently in force under Act No. 198 of the Public Acts of 1974 and Act No. 255 of the Public Acts of 1978, shall not have the effect of substantially impeding the operation of Charter Township of Canton, or impairing the financial soundness of a taxing unit which levies ad valorem property taxes in Charter Township of Canton.

2. The application from Greenfield Die and Manufacturing for an Industrial Facilities Exemption Certificate, with respect to the following described parcel of real property situated within the Northeast Canton Industrial Development District to wit:

Legal Description: 01R1A1A1,2 12N1A1A1A1,2 PT OF SW 1/4 SEC 1 AND NW 1/4 SEC 12 T2S R8E DESC AS BEG AT SW COR SEC 1 TH N 00DEG 33M 13S W 725.80FT TH S 89DEG 27M 41S E 691.31FT TH S 00DEG 33M 44S E 700.00FT TH S 89DEG 27M 43S E 630.07FT TH S 00DEG 33M 44S E 30.00FT TH S 00DEG 01M 25S W 30.01FT TH N 89DEG 27M 43S W 630.37FT TH S 00DEG 01M 25S W 268.91FT TH N 89DEG 58M 35S W 689.97FT TH N 00DEG 11M 25S W 309.37FT TO POB 17.24AC

Parcel# 003-99-0004-717 be and the same is hereby approved.

On March 4, 2014, the Economic Development Office received an application from Greenfield Die & Manufacturing Corporation, requesting an Industrial Facilities Exemption Certificate for personal property at their facility located at 7295 Haggerty, in the Northeast Canton Industrial Development District, Canton, Michigan for a 4-year period. The amount of the project is $5,814,000 and the number of new jobs created will be 10-12.

CONSENT CALENDAR: Item C-1. Consider the Second Reading for Approval of an Amendment to Appendix A-Zoning of the Code of Ordinances for the Skelton Rezoning. (MSD)

Motion by McLaughlin, supported by Williams to adopt the ordinance to amend the zoning map pursuant to Section 27.06 of Appendix A-Zoning of the Code of Ordinances of the Charter Township of Canton for the Skelton Rezoning as provided in the Ordinance and map. Motion carried by all members present.

May 13, 2014 27 This proposal is consistent with the Future Land Use Map of the Comprehensive Plan and the general zoning patterns in the area. The applicant is proposing to develop the parcel into a small cul-de-sac of 8-10 lots.

R-1 R2

SITE R-3

Skelton Rezoning 121-RZ-2018

Zoning YII:; W!!'l'WIOI(:ONSlIO:VATlON R·~ ~rNGl..I:'AIoII!.YillUICEN11IIl C·, vu"'\GE~PPlNg osp OFf ITI!I!JT PAIOONI/i IU. RUlW.t.ORlCl.IL.Tl,l1tOJ. R-4 SINGL.!! 'AUIlV RllIO&NfW. C-2 COMMUNITY CCM"'~CW. L~1 LIGKTIt«>lJS1'RlAI,. M RUIW. RU IDEN'Tw.. 11..5 SL'l GLE f AldILYRUDENw.l. C-) REGION.oJ. eOMM! IICIM. L~2 UGHTlN!l!nTIII1JJ,. L~R RES!All.CH PAlIK RE RI,IR,.\I.UTATE R~ SIN GlI fMlII.V ATfACHEDRESloeNTw.. ~ IHrvteIWIG! UIIVlCE GI GENEIIAl. INDUSTRIAL "', ii1INOLE F...... U flESIDVITIAI. WI: loIul.rPler...... l,y R !~ IOENT1Al 0-1 CWFlCE IoIItD Mit).!lI$IIDf'liI.OF'EIoIVfl"

CREATE08Y: CANTON TWP. PLANNJ.I G SERVICES 1150 S. CANTON CENTlOR ROAD CANTON, MI 461$& (734) 394./l:' 70 CREATED ON : eCANTON Mareh 3, 20" CO",,,, .. ,, / t)'

May 13, 2014 28 STATE OF MICHIGAN

COUNTY OF WAYNE

CHARTER TOWNSHIP OF CANTON

ORDINANCE NO. _____

AN ORDINANCE AMENDING ARTICLE 8.00 OF APPENDIX A - ZONING, OF THE CODE OF ORDINANCES OF THE CHARTER TOWNSHIP OF CANTON, MICHIGAN WHICH AMENDS THE ZONING DISTRICT BOUNDARIES ON THE ZONING MAP

THE CHARTER TOWNSHIP OF CANTON ORDAINS:

PART I.

ARTICLE 8.00 – ESTABLISHMENT OF ZONING DISTRICTS AND MAP

* * *

Pursuant to Section 27.06 of Appendix A – Zoning, the zoning map is hereby amended by changing the zoning on parcel no. 121-99-0005-000 from RR, Rural Residential to R-2, Single-Family Residential District as shown on the attached zoning map.

PART II. Severability.

Should any section, subdivision, clause, or phrase of this Ordinance be declared by the courts to be invalid, the validity of the Ordinance as a whole, or in part, shall not be affected other than the part invalidated.

PART III. Savings Clause.

The amendment of the Canton Code of Ordinances set forth in this Ordinance does not affect or impair any act done, offense committed, or right accruing, accrued, or acquired, or liability, penalty, forfeiture or punishment, pending or incurred prior to the amendment of the Canton Code of Ordinances set forth in this Ordinance.

Skelton Rezoning File No. 121-RZ-2018 Page 2

PART IV. Repealer.

All other Ordinances or part of Ordinances in conflict herewith are hereby repealed only to the extent to give this Ordinance full force and effect.

PART V. Publication.

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

Part VI. Effective Date.

A public hearing having been held hereon pursuant to the provisions of Section 103 of Act 110 of the Public Acts of 2006, as amended, the provisions of this Ordinance shall be published within fifteen (15) days of its adoption of publications of a notice in a newspaper circulated in Canton Township stating the date of enactment and effective date, a brief statement as to its regulatory effect and that a complete copy of the Ordinance is available for public purchase, use and inspection at the office of the Township Clerk during the hours of 8:30 AM to 4:30 PM, Local Time. The provision of this Ordinance shall become effective seven (7) days after its publication.

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 13th day of May, 2014, and was ordered to be given publication in the manner required by law.

Terry Bennett, Clerk

Introduced: April 22, 2014 Adopted: May 13, 2014 Published: May 22, 2014 Effective: May 29, 2014

Item C-2. Consider Approving an Extension of the Animal Control Services Contract. (PSD)

Motion by McLaughlin, supported by Williams to approve a three-year contract extension with Varmint Police, Inc., 35563 Thames St., Westland, MI 48186, in the amount of $5,053.44 a month ($60,641.28 annually). Funds for this expense are budgeted in the 2014 Police Budget Account Animal Care, #207-301-50.829, in the amount of $70,000. Motion carried by all members present.

The police department’s current contract for animal control services with Varmint Police, Inc., expires on May 31, 2014. This was a three-year contract, approved by the Township Board on May 24, 2011, following an RFP process conducted by the Finance Department. Varmint Police, Inc., was the only company to submit a proposal at that time. The RFP included a specification for the option of the contract to be extended for an additional three-year period, with the prices subject to negotiation.

Varmint Police, Inc., has been providing Canton with excellent animal control services for the past 15 years. Varmint Police personnel have continually maintained a strong working relationship with the township staff and residents. The police department contacted Varmit Police, Inc., and proposed extending the contract for an additional three years. Varmint Police, Inc., agreed to the extension, and has offered the current rate of $5,053.44 per month, for 2014- 2017. This is the same rate provided to us since 2008. The annual total is $60,641.28.

By extending this contract, Varmint Police Inc., agrees to continue to provide a trained animal control officer to urgently respond to animal complaints utilizing efficient and humane means, 24 hours a day, seven days a week. Varmint Police, Inc., also provides animal transportation to either a designated shelter, humane society or rehabilitation center.

Privatization of animal control services is the most cost-effective way of providing a high level of animal control service to the community, as opposed to the costs associated with utilizing/hiring township personnel to handle animal control.

Item C-3. Consider Award of Installation of ADA Stair Guard in the Administration Building Lower Level. (CLS)

Motion by McLaughlin, supported by Williams to award the installation of the ADA Stair Guard in the lower level of the Canton Administration Building to Future Fence Company, 23450 Regency Park Drive, Warren, Michigan 48089 the amount of $5,847 with funds from Account # 274-666.849. Motion carried by all members present.

Each year staff identifies projects that are designed to remove barriers to Township facilities in accordance with current Americans with Disabilities Act (ADA) guidelines. One of the projects for this year is the installation of a stair guard under the spiral staircase in the lower level of the Administration Building. The guard is designed to remove a barrier for persons with visual impairments. The design of the guard, which includes a sketch of the Department of Justice 2010 Standard associated with the project, is provided in Attachment A: ADA Stair Guard – Lower Level – Canton Municipal Building. The style of the guard is designed to match the existing rail

May 13, 2014 31 of the staircase. The total project cost will be funded through the Community Development Block Grant program.

Quotes were solicited from contractors for the installation of the Stair Guard in accordance with the drawings. The low quote was submitted by Future Fence Company in the amount of $5,847.

Item C-4. Consider Award of Installation of ADA Automatic Door Operators for the Canton Senior Center. (CLS)

Motion by McLaughlin, supported by Williams to award the installation of the ADA Automatic Door Operators to ASSA ABLOY Entrance Systems US Inc, 38291 Schoolcraft Rd. Suite 103, Livonia, MI 48150 in the amount of $6,591 with funds from Account # 274-666.849. Motion carried by all members present.

Each year staff identifies projects that are designed to remove barriers to Township facilities in accordance with current Americans with Disabilities Act (ADA) guidelines. One of the projects for this year is the installation of automatic door operators at the Canton Senior Center located in the Summit on the Park. The project includes an automated operator on the main entrance door to the Senior Center as well as operators on the doors to the men's and women’s restroom doors located directly across the hall from the Senior Center. The total project cost will be funded through the Community Development Block Grant program.

Quotes were solicited from contractors for the installation of the door operators. The low quote was provided ASSA ABLOY Entrance Systems US Inc. in the amount of $6,591.

GENERAL CALENDAR: Item G-1. Consider Amendment No. 10 to the Cherry Hill PUD and Approval of the Preliminary Site Plan for Morton Taylor Estates Condominiums. (MSD)

Motion by McLaughlin, supported by Sneideman to adopt the resolution for Amendment No. 10 to the Cherry Hill PUD and Preliminary Site Plan for Morton Taylor Estates. Motion carried by all members present.

RESOLUTION OF BOARD OF TRUSTEES CHARTER TOWNSHIP OF CANTON

Amendment No. 10 to the Cherry Hill PUD and Preliminary Site Plan for Morton Taylor Estates

WHEREAS, the Project Sponsor has requested approval for a PUD amendment and preliminary site plan for Morton Taylor Estates Condominiums located on the east side of Morton Taylor Road between Cherry Hill and Palmer Roads on tax parcel nos. 091-99-0001-712 and 091-99-0001-713; and,

WHEREAS, the Planning Commission voted in favor to recommend approval based on the findings that the proposed development plan is in keeping with the intent of Amendment No. 9 of the Cherry Hill PUD and consistent with the Future Land Use Plan and development objectives for this area.

May 13, 2014 32

NOW THEREFORE BE IT RESOLVED, the Board of Trustees of the Charter Township of Canton, Michigan does hereby approve Amendment No. 10 to the Cherry Hill PUD and the Preliminary Site Plan for Morton Taylor Estates Condominiums, subject to the terms set out in the proposed agreement and development plan.

The project sponsor is requesting an Amendment No. 10 to the Cherry Hill PUD. Amendment No. 9 of the Cherry Hill PUD was approved in 2005, which included 63 attached residential units within two and three unit buildings. The overall density was 2.45 dwelling units/acre with 75% of the land preserved in open space. Certain modifications were approved which include setbacks from the north and west property lines and reduction of the wetland setback.

The current proposal is a single family detached development on the east side of Morton Taylor Road between Cherry Hill and Palmer Roads. The project consists of a total of 32 lots: 23 lots with a minimum width of 55 feet and minimum lot depth of 120 feet (6,600 square feet) and, 7 lots with a minimum width of 55 feet and minimum lot depth of 140 feet (7,700 square feet). The overall density is 1.244 dwelling units per acre which has even less impact on wetlands than the previous proposal.

These proposed lots are fairly consistent with surrounding developments. Franklin Palmer, a well-established development west of Morton Taylor, has minimum lot sizes of about 7,200 square feet. The Hamptons, northwest of this site, is a condominium with minimum lot areas of 5,892 square feet. The house designs are very similar to the Hamptons with homes utilizing front entry garages.

Utilities are readily available to the site with existing sanitary sewer on the north side of this property and existing water main on Morton Taylor Road.

The request is consistent with the allowable density on the Township’s Future Land Use Map of the Comprehensive Plan and consistent with the zoning and land use patterns along Morton Taylor Road. This project proposes to concentrate development north of the Truesdale Drain disturbing far less of the extensive wetland areas on the site resulting in a very low housing density.

Item G-2. Consider Special Land Use Approval for Rosewood Place Cluster Development. (MSD)

Motion by McLaughlin, supported by Sneideman to adopt the following resolution. Motion carried by all members present.

RESOLUTION OF BOARD OF TRUSTEES CHARTER TOWNSHIP OF CANTON

Special Land Use for Rosewood Place Cluster Development

WHEREAS, the Project Sponsor has requested special land use approval for the Rosewood Place Cluster Development for a maximum of 274 units to be located in the R-2 and R-3 Residential Zoning Districts on tax parcel nos. 069-99-0009-000 and

May 13, 2014 33 069-99-0010-700; and,

WHEREAS, the Planning Commission voted to recommend approval based on the findings that the proposed development plan is consistent with the goals and objectives of the Comprehensive Plan, subject to the recommendations and provisions listed in the Planning Commission recommendation; and,

WHEREAS, the Board has reviewed the special land use request and determines the proposal to be consistent with the Zoning Ordinance regulations and development objectives subject to the conditions described in the analysis and Planning Commission recommendations as follows:

1. The unpaved road study will need to be evaluated for assumption on loading and travel directions to make a determination on the need to pave Napier Road. This will be evaluated at the site plan stage and will be a condition of the special land use approval. An outside consultant will be used to evaluate the study.

2. Phase 1 will be required to have a second point of access to be independent. The project sponsor needs to show a second point of access.

3. The location of the cross connection to the north and any appropriate easement and maintenance agreement needs to be coordinated with the developer of Parkside Estates (Pulte). Extension of the street north to Ford Road may be needed to get your required second point of access to support development of Phase 1.

4. Consider relocating units 101 and 102 since they constrict the continuity of the open space. Consider relocating lots 166-168 since they pose a compatibility issue with the large frontage lot and residence on Napier Road.

5. Lot 139 and 140 should be reoriented to the E-W road to maintain the continuity of the line of house along that street. and may have less impact to the tree cover.

6. Maximum block length permitted is 1,320 feet. Please assure that all blocks meet that requirement. A variance to the condominium ordinance would be required to be submitted and considered in conjunction with review of the site plan and public hearing by the Planning Commission.

NOW THEREFORE BE IT RESOLVED, the Board of Trustees of the Charter Township of Canton, Michigan does hereby approve the requested Special Land Use for the Rosewood Place Cluster Development for a maximum of 274 units subject to compliance with the conditions contained herein and all other regulations of the Township.

Toll Brothers is proposing to develop a single-family site condominium subject to the Cluster Development provision in Section 6.03D of the zoning regulations. The required parallel plan demonstrates that they could achieve development of up to 274 lots under the standard R-2 and R-3 zoning requirements. The conceptual plan depicts 266 lots generally ranging in size from 12,000 (R-3) to 14,000 (R-2) square feet, except for the larger cul-de-sac lots. The normal lot size would range from 12,750 (R-3) to 20,000 (R-2) square feet.

The minimum lot widths are 80 feet in R-3 and 85 feet in R-2, but the conceptual site plan provided by Toll Brothers shows that all lots are at least 90 feet wide. The minimum land area saved due lower lot sizes in the cluster is 21.35 acres. The plan actually has over 58 acres of open space, which allows preservation of the lower tributary of the Rouge River and a large

May 13, 2014 34 wooded area in the center of the property. Township Staff's recommendations were incorporated into the resolution.

Representatives from Toll Brothers as well as the consulting engineer were in attendance.

Trustee Yack asked what the Dirt Road Study covered. Director Faas explained the study determines the traffic generation from the site as well as the impact on Napier Road. It also determines the second point of access for the development.

Treasurer McLaughlin mention that there is some concern regarding the amount of traffic on Ridge as well as Napier.

Trustee Yack asked if the study also evaluated the effect on the intersection of Ridge and Ford Roads. He is concerned about increased traffic volume at this location.

Director Faas replied a traffic engineering study will be part of the project.

Treasurer McLaughlin stated the larger concentration of residences at the south end of the development should produce more traffic using the Napier Road access resulting in more traffic through Cherry Hill Village.

Director Faas explained the external traffic engineering will be evaluated by a third party.

Mike Knowles, Toll Brothers Land Development Vice President, explained he consulted with Traffic Engineer - Mike Labadie, who will be doing the study. He will be assessing Napier Road. He will also evaluate the intersections of Napier at Ford and Ridge at Ford.

Trustee Sneideman asked about impact on Ford Road itself, not just the intersection.

Director Faas stated he was only aware of the study covering the intersections.

Trustee Sneideman expressed concern over the impact on Ford resulting in more traffic congestion.

Director Faas explained that the property accesses are to Ridge and Napier Roads only.

Trustee Sneideman asked what required a "Special Land Use" on this property.

Director Faas explained this is a requirement of the Zoning Ordinance.

Trustee McLaughlin commented that the distribution of the homes has altered the lot sizes in order to create more open spaces within the development. The net result is less square feet per lot than the area was originally zoned for.

Item G-3. Consider Approval of a Five Year Extension of the AT&T Metro-Act Permit. (MSD)

May 13, 2014 35

Motion by McLaughlin, supported by Sneideman to authorize the Township Clerk to execute the letter approving a five (5) year extension of the AT&T Metro-Act Right-of-Way Telecommunications Permit to be effective July 31, 2014 contingent upon receipt of a Performance Bond valid through July 31, 2019 and receipt of updated as-built infrastructure plans prior to July 31, 2014. Motion carried by all members present.

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.

Subsequent to the passing of this ordinance, on July 27, 2004 the Township Board issued a telecommunication system permit to SBC Michigan, now doing business as AT&T Michigan. Under this permit, AT&T has the right to request an extension of the permit for a period of five (5) years or less. The 2004 permit was extended in both 2009 and 2011. The current permit expires July 31, 2014 and AT&T is requesting a five year extension to July 31, 2019.

Trustee Sneideman stated although he works for AT&T he has no personal interest nor would realize any personal gain from this permit.

May 13, 2014 36 v .. - ~at&t 14 iii 12 '1 58 ·'1" AT&T Michigan Susan Sampier METRO Act Administrator 54 N. Mill Street Mailbox #30 Pontiac, MI 48342 May 1,2014

Ms. Terry Bennett, Clerk Charter Township of Canton 1150 S. Canton Center Rd Canton, MI 48188

METRO ACT RIGHT OF WAY PERMIT EXTENSION

Dear Ms. Bennett,

This is a letter agreement which extends the existing METRO Act Permit issued by the Charter Township of CantonIWayne County to Michigan Bell Telephone Company d/b/a AT&T Michigan ("AT&T") which expires on July 31, 2014. The extension is for a term to end on July 31, 2019.

If this is agreeable, please sign both copies of the extension letter agreement in the place provided below and return to AT&T Michigan at the address on this letterhead. Upon receipt AT&T will acknowledge and return one copy for your files.

Additional information regarding this renewal request may be found at http://www.michigan.gov/mpsc. Please click on Telecommunications, METRO ActlRight of Way, and AT&T 5 Year permit extension.

We would appreciate return of the signed copies within 30 days of receiving this request. Your cooperation is appreciated.

If you have any questions feel free to contact Ms. Susan Sampier via [email protected] or 248.456.0361.

Agreed to by and on behalf of the Michigan Bell Telephone Company dlb/a Charter Township of Canton AT&T acknowledges receipt of this Permit Extens' n granted, the municipality. /~ By: --...",L~~+-=-- Susan Sampier

Its: ClERK. Its: METRO As~jr»~tflli "'" - I 'l.. - '1 r, \ LI Date: ~ ;,) "" '-' r Date: ______T_ METRO Act Permit Bilateral Form Revised 12/06/02

RIGHT-OF-WAY TELECOMMUNICATIONS PERMIT

TERMS AND CONDITIONS

1 Definitions

1.1 Company shall mean Fiber Technologies Networks, L.L.C. organized under the laws of the State of New York whose address is 300 Meridian Centre, Rochester, New York 14618.

1.2 Effective Date shall mean the date set forth in Part 13.

1.3 Manager shall mean Municipality's [MayorlManagerlSupervisorNillage President] or his or her designee.

1.4 METRO Act shall mean the Metropolitan Extension Telecommunications Rights­ of-Way Oversight Act, Act No. 48 of the Public Acts of2002, as amended.

1.5 Municipality shall mean Canton Charter Township, a Michigan municipal corporation.

1.6 Permit shall mean this document.

1.7 Public Right-of-Way shall mean the area on, below, or above a public roadway, highway, street, alley, easement, or waterway, to the extent Municipality has the ability to grant the rights set forth herein. Public right-of-way does not include a federal, state, or private right-of-way.

1.8 Telecommunication Facilities or Facilities shall mean 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 telecommunication services or signals. Telecommunication Facilities or Facilities do not include antennas, supporting structures for antennas, equipment shelters or houses, and any ancillary equipment and miscellaneous hardware used to provide federally licensed commercial mobile service as defined in Section 332( d) of Part I of Title III of the Communications Act of 1934, Chapter 652, 48 Stat. 1064, 47 U.S.C. 332 and further defmed as commercial mobile radio service in 47 CFR 20.3, and service provided by any wireless, 2-way communications device.

1.9 Term shall have the meaning set forth in Part 7. 2.1 Municipality hereby grants a pennit under the METRO Act to Company for access to and ongoing use of the Public Right-of-Way to construct, install and maintain Telecommunication Facilities in those portions of the Public Right-of­ Way identified on Exhibit A on the terms set forth herein.

2.1.1 Exhibit A may be modified by written request by Company and approval by Manager.

2.1.2 Manager shall not unreasonably condition or deny any request for a modification of Exhibit A. Any decision of Manager on a request for a modification may be appealed by Company to Municipality's legislative body.

2.2 Overlashing. Company shall not allow the wires or any other facilities of a third party to be overlashed to the Telecommunication Facilities without Municipality's prior written consent. Municipality'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. Municipality reserves the right to approve, at any time, additional permits 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:

The address, e-mail address, phone number and contact person (title or name) at Company's local office (in or near Municipality) is Eric Finnemore, Regional Director, 585-697-5148, 300 Meridian Centre, Rochester, New York 14618, [email protected].

3.1.1 If Company's engineering drawings, as-built plans and related records for the Telecommunication Facilities will not be located at the preceding local office, the location address, phone number and contact person (title or department) for them is Eric Finnemore, Regional Director, 585-697- 5148, 300 Meridian Centre, Rochester, New York 14618, [email protected];

-2- 3.1.2 The name, title, address, e-mail address and telephone numbers of Company's engineering contact person(s) with responsibility for the design, plans and construction of the Telecommunication Facilities is Eric Finnemore, Regional Director, 585-697-5148, 300 Meridian Centre, Rochester, New York 14618, [email protected].

3.1.3 The address, phone number and contact person (title or department) at Company's home office/regional office with responsibility for engineering and construction related aspects of the Telecommunication Facilities is Gary Muisus, 585-697-5137, Vice President Construction, 300 Meridian Centre, Rochester, New York 14618, [email protected].

3.1.4 Company shall at all times provide Manager 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. Network Operations Center: 1-800-497-5578.

3.1.5 The preceding information is accurate as of the Effective Date. Company shall notifY Municipality in writing as set forth in Part 12 of any changes in the preceding information.

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

3.3 As-Built Records. Company, without expense to Municipality, shall, upon forty­ eight (48) hours notice, give Municipality 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 Municipality, Company shall inform Municipality as soon as reasonably possible of any changes from previously supplied maps, records, or plans and shall mark up maps provided by Municipality so as 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 so as to not endanger or injure persons or property in or about the Public Right-of-Way. If Municipality 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

-3- as Municipality may determine is in the public interest to remove or alleviate the burden, and Company shall do so within a reasonable time period. Municipality shall 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 Priority. This Permit does not establish any priority of use of the Public Right-of-Way by Company over any present or future permittees or parties having agreements with Municipality or franchises for such use. 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 Municipality, the third priority to the State of Michigan and its political subdivisions in the performance of their various functions, and thereafter as between other permit, agreement or franchise holders, as determined by Municipality 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 Municipality, 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 which existed prior to the disturbance. In the event that Company, its contractors or subcontractors fail to make such repair within a reasonable time, Municipality may make the repair and Company shall pay the costs Municipality 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 handhole with Company's name and a toll-free telephone number.

-4- 4.5 Tree Trimming. Company may trim trees upon and overhanging the Public Right-of-Way so as to prevent the branches of such trees from coming into contact with the Telecommunication Facilities, consistent with any standards adopted by Municipality. 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 Manager.

4.6 Installation and Maintenance. The construction and installation of the Telecommunication Facilities shall be perfonned pursuant to plans approved by Municipality. The open cut of any Public Right-of-Way shall be coordinated with the Manager or his 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 Municipality approves an alternate location. Company may perfonn maintenance on the Telecommunication Facilities without prior approval of Municipality, provided that Company shall obtain any and all pennits required by Municipality in the event that any maintenance will disturb or block vehicular traffic or are otherwise required by Municipality.

4.7 Pavement Cut Coordination. Company shall coordinate its construction and all other work in the Public Right-of-Way with Municipality's program for street construction and rebuilding (collectively "Street Construction") and its program for street repaving and resurfacing (except seal coating and patching) (collectively, "Street Resurfacing").

4.7.1 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 Municipality.

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 hereafter may be promulgated. Before any installation is commenced, Company shall secure all necessary pennits, licenses and approvals from Municipality or other governmental entity as may be required by law, including, without limitation, all utility line permits and highway permits. Municipality shall not unreasonably delay or deny issuance of any such permits, licenses or approvals. Company shall comply in all 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

-5- the National Electric Code (latest edition). Company shall comply with all zoning and land use ordinances and historic preservation ordinances as may exist or may hereafter be amended. This section does not constitute a waiver of Company's right to challenge laws, statutes, ordinances, rules or regulations now in force or established in the future.

4.9 Street Vacation. If Municipality 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 Municipality or a court of competent jurisdiction. Company shall relocate its Facilities to such alternate route as Municipality and Company mutually agree, applying reasonable engineering standards.

4.1 0 Relocation. If Municipality 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 Municipality and Company mutually agree, applying reasonable engineering standards. The work shall be completed within a reasonable time period.

4.11 Public Emergency. Municipality 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, Municipality shall 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 Municipality.

4.12 Miss Dig. If eligible to join, Company shall subscribe to and be a member of "MISS DIG," the association of utilities formed 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.

-6- 4.14 Identification. All personnel of Company and its contractors or subcontractors who have as part of their normal duties contact with the general 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. I Indemnity. Company shall defend, indemnify, protect, and hold harmless Municipality, 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 of facilities 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. Municipality shall notify Company promptly in writing of any such claim and the method. and means proposed by Municipality for defending or satisfying such claim. Municipality shall cooperate with Company in every reasonable way to facilitate the defense of any such claim. Municipality shall consult with Company respecting the defense and satisfaction of such claim, including the selection and direction oflegal counsel.

5.3 Settlement. Municipality shall 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 Municipality for which Company is responsible hereunder.

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 same with Municipality. 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 Municipality, by providing reasonable evidence of its fmancial resources to Municipality. Municipality's acceptance of such self-insurance shall not be unreasonably withheld.

-7- 6.1.1 Commercial general liability insurance, including Completed Operations Liability, Independent Contractors Liability, Contractual Liability coverage, railroad protective coverage and coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCD coverage, in an amount not less than Five Million Dollars ($5,000,000).

6.1.2 Liability insurance for sudden and accidental environmental contamination with minimum limits of Five Hundred Thousand Dollars ($500,000) and providing coverage for claims discovered within three (3) years after the term of the policy.

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

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

6.1.5 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. Municipality shall be named as an additional insured on all policies (other than worker's compensation and employer's liability). All insurance policies shall provide that they shall not be canceled, modified or not renewed unless the insurance carrier provides thirty (30) days prior written notice to Municipality. Company shall annually provide Municipality 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.

6.3 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. All insurance and surplus line carriers shall be rated A+ or better by A.M. Best Company.

-8- 6.4 Deductibles. If the insurance policies required by this Part 6 are written with retainages or deductibles in excess of $50,000, they shall be approved by Manager in advance in writing. Company shall indemnifY and save harmless Municipality from and against the payment of any deductible and from the payment of any premium on any insurance policy required to be furnished hereunder.

6.5 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).

6.6 Insurance Primary. Company's insurance coverage shall be primary insurance with respect to Municipality, its officers, agents, employees, elected and appointed officials, departments, boards, and commissions (collectively "them"). Any insurance or self-insurance maintained by any of them shall be in excess of Company's insurance and shall not contribute to it (where "insurance or self­ insurance maintained by any of them" includes any contract or agreement providing any type of indemnification or defense obligation provided to, or for the benefit of them, from any source, and includes any self-insurance program or policy, or self-insured retention or deductible by, for or on behalf of them).

7 Term

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

7.1.1 Fifteen years (15) from the Effective Date; provided, however, that following such initial term there shall be three subsequent renewal terms of five (5) years. Each renewal term shall be automatic unless Municipality notifies Company in writing, at least twelve (12) months prior to the end of any term then in effect, that due. to changed circumstances a need exists to negotiate the subsequent renewal with Company. Municipality shall not unreasonably deny a renewal term; or

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

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

-9- 7.1.4 Upon either Company or Municipality giving written notice to the other of the occurrence or existence of a default by the other party under Sections 4.8, 6, 8 or 9 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 Manager grants a written extension, one year from the Effective Date 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 Effective Date ifby such time construction and installation of the Telecommunication Facilities is not complete.

8 Performance Bond or Letter of Credit

8.1 Municipal Requirement. Municipality may require Company to post a bond (or letter of credit) as provided in Section 15(3) of the METRO Act, as amended [MCL § 484.3115(3)].

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 Municipality in connection with the Public Right-of-Way.

10 Removal

10.1 Removal; Underground. As soon as practicable after the Term, Company or its successors and assigns shall remove any underground cable 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 cable 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 Manager. All removals shall be at Company's sole cost and expense.

10.1.1 For purposes of this Part 10, "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 Term, Company, or its successor or assigns at its sole cost and expense, shall, unless waived in writing by Manager, remove from the Public Right-of-Way all above ground elements of

-10- its Telecommunication Facilities, including but not limited to poles, pedestal mounted terminal boxes, and lines attached to or suspended from poles.

1003 Schedule. The schedule and timing of removal shall be subject to approval by Manager. Unless extended by Manager, removal shall be completed not later than twelve (12) months following the Term. Portions of the Telecommunication Facilities in the Public Right-of-Way which are not removed within such time period shall be deemed abandoned and, at the option of Municipality exercised by written notice to Company as set forth in Part 12, title to the portions described in such notice shall vest in Municipality.

11 Assignment. Company may assign or transfer its rights under this Pennit, or the persons or entities controlling Company may change, in whole or in part, voluntarily, involuntarily, or by operation of law, including by merger or consolidation, change in the ownership or control of Company's business, or by other means, subject to the following:

11.1 No such transfer or assignment or change in the control of Company shall be effective under this Pennit, without Municipality's prior approval (not to be unreasonably withheld), during the time period from the Effective Date until the completion of the construction of the Telecommunication Facilities in those portions of the Public Right-of-Way identified on Exhibit A.

11.2 After the completion of such construction, Company must provide notice to Municipality of such transfer, assignment or change in control no later than thirty (30) days after such occurrence; provided, however,

11.2.1 Any transferee or assignee of this Pennit shall be qualified to perform under its terms and conditions and comply with applicable law; shall be subject to the obligations of this Pennit, including responsibility for any defaults which occurred prior to the transfer or assignment; shall supply Municipality with the information required under Section 3.1; and shall comply with any updated insurance and performance bond requirements under Sections 6 and 8 respectively, wpich Municipality reasonably deems necessary, and

11.2.2 In the event of a change in control, it shall not be to an entity lacking the qualifications to assure Company's ability to perform under the terms and conditions of this Pennit and comply with applicable law; and Company shall comply with any updated insurance and performance bond requirements under Sections 6 and 8 respectively, which Municipality reasonably deems necessary.

11.3 Company may grant a security interest in this Permit, its rights thereunder or the Telecommunication Facilities at any time without notifying Municipality.

-11- 12 Notices

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

12.1.1 If to Municipality,~ARTEB ,fO(UkJSH' P OF ~l\l1"{)}..j 0..6 L£GA.L .DE.PAP

12.2 Change of Address. Company and Municipality 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 Otheritems

13.1 No Cable, OVS. This Pennit 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 Duties. Company shall faithfully perform all duties required by this Permit.

13.3 Effective Date; This Pennit shall become effective when issued by Municipality and Company has provided any insurance certificates and bonds required in Parts 6 and 8, and signed the acceptance of the Pennit.

13.4 Authority. This Permit satisfies the requirement for a pennit under Section 5 of the METRO Act [MCL 484.3105].

13.5 Amendment. Except as set forth in Section 2.1 this Permit may be amended by the written agreement of Municipality and Company.

13.6 Interpretation and Severability. The provisions of this Pennit 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 otherwise unenforceable, such determinationlholding shall not be construed as affecting the validity of any of the remaining conditions of this Permit. If any provision in this Permit is found to be partially overbroad, unenforceable, or invalid, Company and Municipality may nevertheless enforce such provision to the extent pennitted under applicable law.

13.7 Governing Law. This Pennit shall be governed by the laws of the State of Michigan.

-12- [Canton Township]

Attest: By:. -----';4='''-''=''----'=F---F-7.P

-13- "Company accepts the Pennit granted by Municipality upon the tenns and conditions contained therein."

Fiber Technologies Networks, L.L.C. By: Fibertech Networks, LLC, its Sole Member

By: ____~--~~~------Its: VP & General Counsel Date:

::ODMAIPCOOCSIGRRI75931916

-14- Exhibit A

Public Right-of-Way to be Used by Telecommunication Facilities (See Attachment D of Application Form)

-15- ExhibitB

Bond

-16- Item G-4. Consider Approval of a Policy & Procedure for Special Events and Sidewalk Sales. (MSD)

Motion by McLaughlin, supported by Sneideman to approve policy # BIS:06 as prepared by the Municipal Services Department to establish guidelines for special events and sidewalk sales as required by the Zoning Ordinance. Motion carried by all members present

Special events are regulated under the Township Code of Ordinances, Appendix A, Zoning. Special events include a broad array of uses that are “unlike the customary or usual activities generally associated with the property”. All special events must be open to the public and require a permit from the Building & Inspection Services Division.

An informal policy and procedure has been in place for a few years now and staff is requesting approval of the formal policy as described in the ordinance.

Director Faas explained this formal policy will serve to provide clarification for the staff with regard to policies and procedures for Special Events and Sidewalk Sales. The Building Department will be testing this policy/procedure for 12 months. If successful, MSD will submit a formal ordinance to the board.

Item G-5. Consider Award of Bid for Purchase of Equipment for the Village Theater Lighting Project and Budget Amendment. (CLS)

Motion by McLaughlin, supported by Sneideman to award bid for equipment for the Village Theater lighting project to Advanced Lighting and Sound in the amount of $120,848 to be taken from Account # 230-250.970_0010 ($68,848) and Account # 101-760-50-930_0030 ($60,000), and to approve the following budget amendments: Increase Revenues: 101-760-50.539 VT State Grant $60,000 Increase Expenses: 101-760-50-930_0030 VT Capital $60,000 Motion carried by all members present.

Leisure Services received a grant through the Michigan Council for Arts and Cultural Affairs (MCACA) towards the funding of a new light board, lighting fixtures, and the supporting wiring and staff training required upon installation. The current light board is reaching its life expectancy and on several occasions has frozen during performances, causing it to become unreliable.

The total cost of the project is $120,848 with the MCACA grant providing $60,000. Because the light board impacts the ability of the Cable Studio to film and broadcast theater productions, the match of $60,848 is being funded from the one-time capital equipment grant from The Uniform Video Service Local Franchise Agreement with Comcast.

May 13, 2014 54 Bids were solicited with six companies submitting bids. The lowest bid was disqualified due to an error (Integrated Lighting Systems). The next lowest bidder is Advanced Lighting and Sound.

Trustee Yack asked if the new system will be more energy efficient than the old one.

Director Bilbrey-Honsowetz answered yes.

Trustee Yack inquired when the installation would be complete.

Director Bilbrey-Honsowetz explained completion is expected before the Fall Theater Season.

May 13, 2014 55 ATTACHMENT B

STATE OF MICHIGAN COUNTY OF WAYNE CHARTER TOWNSHIP OF CANTON

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT ("Agreement") is made and entered into as of this __ day of 2014, by and between THE CHARTER TOWNSHIP OF CANTON, (referred to in this Agreement as the "Township"), a Michigan municipal corporation, whose mailing address is 1150 S. Canton Center Drive, Canton, Michigan 48188, and ROOFING TECHNOLOGY ASSOCIATES (RTA), LTD., whose address is 38031 Schoolcraft, Livonia, Michigan 48150 (referred to in this Agreement as the "Consultant").

RECITALS:

A. Consultant responded to a Request for Proposal ("RFP") issued by the Township for certain specified roofing consultant services.

B. The Township has identified Consultant as the successful bidder, and now desires to retain Consultant to perform various services identified in the RFP this Agreement.

C. Consultant desires to be so retained by the Township and to perform such services for the Township, upon the terms and subject to the conditions set forth in the Request for Proposals and this Agreement.

NOW, THEREFORE, in consideration of the mutual promises set forth m this Agreement, it is agreed by and between the Township and Consultant as follows:

1. Description of Work. Throughout the "Term" (as hereinafter defined), the Township hereby engages Consultant as a non-exclusive independent Consultant to perform the "Work" (as hereinafter defined), and Consultant hereby agrees to perform the Work for the consideration and upon and subject to the other terms and conditions hereinafter set forth. The particular services to be provided by Consultant under this Agreement are set forth in detail in the Attachment A, and are referred to throughout this Agreement as the "Work."

The parties understand and agree that this Agreement applies to all Work performed by Consultant and that Consultant is not performing any Work for Township outside of this Agreement.

2. Independent Consultant Status. The parties to this Agreement intend that the relationship between them created by this Agreement is that of service provider and service purchaser. It is expressly agreed, understood and intended that no employee-employer relationship shall exist or be established and that Consultant is an independent contractor who has been retained to render Work to the Township to achieve specific results in exchange for specified recompense. As an independent contractor, Consultant expressly agrees that, for purposes of this Agreement, Consultant does or shall:

1 a. Perform or agree to perform specific Work in exchange for specific payments of money; b. Determine and control the means of performing the Work, within such general parameters or specifications as may be provided by the Township; c. Be responsible for the satisfactory completion of the Work that Consultant performs or agrees to perform and may be held liable for failure to satisfactorily complete such Work; f. Receive payment for the Work; and g. Hold or has applied for a federal, state or local employer identification number (or the equivalent number applicable in the jurisdiction in which the Work are performed), unless the Consultant is a sole proprietor who is not required to obtain such an identification number under applicable federal, state or local requirements. Furthermore, it is understood and agreed that:

i. In the performance of this Agreement, the relationship of Consultant to the Township shall be that of an independent contractor and not that of an employee or agent of the Township, and neither Consultant, nor any agent, employee or permitted subcontractor of Consultant, shall be or may be deemed to be the employee or agent of, or a servant to, the Township;

ii. Consultant will be solely responsible for payment of salaries, wages, and other compensation for her employees and agents;

iii. Neither the Consultant nor any officer, agent, employee or subcontractor of the Consultant shall be eligible for coverage under or eligible to receive the benefits of the Township's workers' compensation, unemployment or health insurance, pension plans or other benefit plans;

IV. Consultant is and shall perform under this Agreement as an independent contractor, and no liability or responsibility with respect to benefits of any kind, including without limitation, medicallhealth benefits, worker's compensation, pension rights, or other rights or liabilities arising out of or related to a contract for hire or employer/employee relationship shall arise or accrue to either party as a result of the performance of this Agreement; and

v. Consultant, as an independent Consultant, is not authorized to enter into or sign any agreements on behalf ofthe Township.

3. Pavrnents and Expenses. In return for the performance of the Work, the Township will pay Consultant in accordance with the Fee and Rate Schedule provided in RTAs proposal. The Fee and Rate Schedule is provided in Attachment B. The Consultant shall be entitled to no other compensation or benefits from the Township in connection with this Agreement or any Work that may be rendered hereunder. No other person or entity may assist the Consultant in the performance of these services, without prior approval of the Township.

2 The Consultant will use its own vehicle( s) and, as an independent Consultant, the Consultant (and not the Township) shall be solely responsible and liable for its expenses, costs, vehicle, certifications, training, memberships, benefits and insurance. The above monetary compensation shall be paid by the Township on monthly basis after receipt of Consultant's invoice or bill for the preceding period, which includes the following signed statement by Consultant:

"All work, services, work product and results required by the Professional Services Agreement between RTA and the Charter Township of Canton during the period for which this invoice is submitted were provided or accomplished in the time and manner required by the Agreement."

It is understood and agreed that the Township will not deduct, be responsible for, or pay, any withholding, income, self-employment, unemployment, social security, workers compensation, health, pension, retirement and similar employment related taxes, insurance, contributions, benefits and any other form of compensation or obligation which may be required by federal, state or other laws in connection with the Consultant's Work.

4. Term of Agreement; Termination. The term of this Agreement ("Term") shall commence on May 1,2014 and shall end on April 30, 2017. Either party may terminate this Agreement prior to the end of the Term, without cause or reason required, and any such early termination shall be effective on the 28th day after the delivery of written notice to the other party. In the event of any such early termination, the Work shall be performed unless the Township directs otherwise in writing, compensation shall be paid and all other provisions of this Agreement shall be in full effect during the 30 day period following a termination notice.

5. Performance. Consultant shall at all times perform the Work hereunder, and will act, in good faith and in compliance with the terms and conditions set forth in this Agreement, all applicable state and federal laws and regulations, and all applicable Township ordinances and policies. Township has specified, or shall specify Work to be provided and results to be achieved by Consultant. Except that Consultant shall comply with this Agreement and shall not interfere with, violate or disrupt Township's normal and orderly operations, policies or practices, Consultant, as an independent Consultant, shall have the authority to control and direct the manner, details and means of performing the Work and shall complete them according to Consultant's own means and methods of work. Consultant shall be responsible for the obligations under this Agreement and shall obtain and maintain any and all certifications, training, licenses and insurance coverage as may be required by any federal, state or local law, rule or regulation for the performance of the Work under this Agreement.

6. Insurance. Consultant shall provide evidence of general commercial liability insurance in the amounts set forth in below, and in compliance with the following:

a. The insurance certificatl! shall name "The Charter Township of Canton, all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and authority board members, including employees and volunteers thereof" as additional insured.

3 b. The certificate of insurance shall contain, on its face, the following termination language: "It is understood and agreed upon that Thirty (30) days advance written notice of cancellation, non-renewal, reduction, and/or material change shall be sent to: Ms. Kristin Kolb, 1150 S. Canton Center Road, Canton, Michigan, 48188."

c. The Commercial General Liability with the following minimum coverage:

$1,000,000 General Aggregate Limit other than Products/Completed Operations $1,000,000 Products/Completed Operations Aggregate Limit $1,000,000 Personal & Advertising Injury Limit $1,000,000 Each Occurance Limit $500,000 Fire Damage Limit (anyone fire)

7. Indemnification. Consultant shall indemnify and hold harmless the Township, its Board members, employees, agents, servants, representatives and others acting by, through, with, or for the Township, from any and all risks, claims, demands, damages and other liabilities resulting from and/or relating to any wrongful acts and/or omissions by Consultant relative to Consultant's responsibilities and duties under this Agreement, including all costs, expenses and attorney fees paid or incurred relative to such claims. The Consultant shall indemnify and hold harmless Township from and against all damages that may be incurred by the Township in connection with, and shall assume full responsibility for the payment of, any and all federal, state or local taxes, assessments, contributions or the like that may be imposed, assessed or required under any unemployment insurance, social security or income tax laws, rules or regulations with respect to Consultant.

8. Employee Taxes, Withholding, Etc. Consultant assumes full responsibility to account for all federal, state and local taxes and assessments for Consultant in the performance of this Agreement, and for all withholdings required by applicable laws, rules or regulations. Consultant is not entitled to unemployment compensation from the Township, as Consultant is an independent contractor and not an employee. Consultant shall assume full responsibility for the contributions required under any applicable unemployment compensation or social security laws, rules or regulations. Consultant is not entitled to workers' compensation coverage from the Township, as Consultant is an independent contractor and lacks the status of an employee.

9. Ownership of Information. It is expressly acknowledged and agreed that all reports, opinions, compilations, research work, studies, data, materials, artifacts, samples, documents, plans, drawings, specifications, correspondence, ledgers, permits, manuals, applications, contracts, accountings, schedules, maps, logs, invoices, billings, photographs, videotapes, employee records, public records (as defined by the Freedom of Information Act, being Public Act 442 of 1976, as amended) and all other materials relating to the conduct of the business of the Township that have been generated by, and/or coming into the possession of, Consultant during the Term of this Agreement, and any renewal thereof, belong exclusively to the Township and shall be promptly delivered to the Township at the end of the Term, upon the termination of this Agreement, or at any other time upon the Township's request, and Consultant shall not keep or deliver any ofthe foregoing materials to anyone else unless required by law.

4 10. Choice of Law; Choice of Forum; Arbitration. This Agreement shall be governed by, interpreted and enforced in accordance with the laws of the State of Michigan without regard to its conflicts of laws principles or any principles that may require the application of the laws of any other jurisdiction.

11. Dispute Resolution! Arbitration The parties agree that any disputes regarding a claimed violation of this agreement shall first be submitted in writing to the other party in an attempt to settle the matter before pursuing other legal actions or notices provided for in this agreement. Such written communication shall clearly state the problem or concern, allow sufficient time for a written response from the other party, and culminate in a face-to-face meeting to determine if a remedial action is possible. In no event shall this process take more than thirty (30) days, unless a specific extended period of time is agreed to by both parties in writing as being necessary. The aforementioned initial written communications between the parties also shall indicate whether the party is willing to submit the dispute to binding arbitration, non-binding mediation or other form of alternate dispute resolution, and share equally the costs for same. Upon the parties agreeing to any such method of dispute resolution and a timetable for doing so, pursuit of other legal actions shall be deferred until the process has been completed. In any binding arbitration, the arbitrator shall provide a written statement of the reasons and basis for an award or decision, a judgment of the Wayne County Circuit Court may be entered based on the arbitration award or decision, and each party shall be responsible for their own costs and attorney fees.

12. Miscellaneous.

a. In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, this invalidity, illegality, or unenforceability shall not affect the enforceability of any other provision of this Agreement. This Agreement shall be construed as if the invalid, illegal or enforceable provision had never been contained in it. The remainder of the Agreement shall remain in full force and effect. b. No waiver, alteration, amendment, or modification of any provisions of this Agreement shall be binding unless in writing and signed by the parties hereto. The fact that one of the parties to this Agreement may be deemed to have drafted or structured any provision of this Agreement shall not be considered in construing or interpreting any particular provision of this Agreement, either in favor of or against such party. c. The headings in this Agreement are for purposes of reference only and shall not be considered in construing this Agreement.

d. It is the intention of the parties hereto that this Agreement is not made for the benefit of any private third party.

e. Written notices under this Agreement shall be given to the parties at their addresses contained in this Agreement by personal or registered mail delivery to the attention ofthe following persons:

5 Township: Gregg King Consultant: RTA Ltd.

f. This Agreement shall be binding upon the parties hereto and their respective heirs, successors, legal representatives and permitted assigns. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof, superseding any prior oral or written agreements or understandings. The parties acknowledge that they have not been induced to enter into this Agreement by any representation or statements, oral or written, not expressly contained herein or expressly incorporated by reference herein. g. Neither this Agreement nor any interest, duty or obligation herein or therein, nor any claim hereunder or thereunder, shall be assigned, transferred or subcontracted by Consultant to any other party or parties without the prior written consent of the Township.

IN WITNESS WHEREOF, the undersigned have duly executed this Agreement to be effective on the day and year first set forth above.

Charter Township of Canton ("Township"): Witness:

By: ------Printed Name: ______Title: ______

Roofing Technology Associates, Ltd. ("Consultant"): Witness:

Signature: ______Printed Name: ______

6 Attachment A

"Scope of Work" Attachment A

Statement of Work

1. Project Overview

a. The Township at its sole discretion, hereby retains Roofing Technology Associates, Ltd., to provide the following:

1. Roof condition surveys 2. Nondestructive roof moisture surveys 3. Contract document preparation including plans and specifications 4. Quality control monitoring 5. Development of roof management/maintenance programs and various other related services. 6. Budget development will be required for recommended remedial work for an as-yet-undetermined time period

b. As part of the Work, Roofing Technology Associates, Ltd. shall fully perform all work as set forth in the Request for Proposal and this Agreement required for the orderly progress and proper execution and completion of the consulting services, whether temporary or permanent and whether or not incorporated into the Work including but not limited to, materials, equipment, labor including subcontractor, transportation, construction equipment and machinery, tools, and other facilities and incidentals.

c. Roofing Technology Associated, Ltd. shall perform and complete assigned work including all supervision, administration services, coordination of all Subcontractors, tests, inspections, and other items that are necessary to and appropriate for the finishing, equipping and functioning of the facilities and structures, together with all additional, collateral and incidental work and services required for completion of the provision of the Work.

2. General Scope

a. The general scope of work for this project may include:

1. Review of Owner's Records and Warranties a) Interview owner's staff/obtain roof history information.

2. Roof Condition Surveys: a) Visual inspection of roof system( s) b) Data collection of existing roof conditions. c) Perform roof test cuts to identify existing roof system elements and roof deck type(s).

1 d) Perform nondestructive moisture surveys and verify thermal anomalies. Delineate findings on roof surface(s). e) Verify roof drainage conditions, including review of roof drain locations, types and sizes, along with building edge types and heights to accommodate proper drainage.

3. Roof Condition Survey Reports: a) Present survey findings including nondestructive roof moisture results. Include test cut information and other findings. b) Develop and present analysis and conclusions of roof condition survey(s) c) Develop roof area plans designation individual roof areas and graphically showing moisture survey findings. d) Include photographic documentation of existing roofing conditions. e) Establish and indicate roof rating system parameters. Identify rating for each roof surveyed. ±) Estimate serviceable life expectancies ofroof(s). g) Recommend remedial work for repairs/roof replacement including timelines to accomplish remedial work.

4. Present a remedial roofing design approach for structures surveyed. a) Develop plans, specifications and details for the recommended remedial work. b) Assist the Owner with bidding of individual projects.

5. Provide a roof quality assurance program which would provide/include construction contract administration, support services nd quality control procedures and methods.

6. Implement a roof maintenance program for individual structures included in the project.

7. Plan to assist Owner with leak resolution activities on n as-need basis.

Contract Time This contract will commence on May I, 2014 and will expire no later then May I, 2017.

2 Attachment B

"Fee and Rate Schedule" rta ROOFIN'G TECHNOLOGY ASSOCIATES, LTD. 38031 SCHOOLCRAFT LIVONIA, MICHIGAN 48150-1065 (734) 591-4444 • FAX (734) 591-1660 E-MAIL: [email protected] FEE AND RATE SCHEDULE PROFESSIONAL SERVICES

PERSONNEL Fees for our services will be based upon the time worked on the project by professional, technical and clerical personnel according to the following schedule: PER HOUR

Principal ...... , ...... ,' ...... , ...... , ...... , ...... , .... , .. , ...... $160.00 Senior Project Manager ., ...... , ...... ", ...... , ...... , ...... $140.00 Project Manager ...... , ...... , ...... , ..... $130.00 Senior Roof Consultant ...... , ...... , .. , ..... , ...... , .. , .... , ...... , ... , ..... , ...... ,$114.00 Project Roof Consultant. ... , ... , ... , .. " ...... , ...... , ...... ,', ...... , .. , ...... " ...... $1 00.00 Staff Roof Consultant* ...... , ...... , .. " ... , ... , ... , ...... , ... , ... $88.00 Senior Roof Technician* , .. " ... " .. , .... ,", ...... " ...... ,.,., .. ,.,., ..... , .. , ... ".,', ...... , ...... ,.$78.00 Roof Technician* ,." ... , .. , .. , ...... , ...... , ...... , ... , ... , ...... , ... " .. , ...... " ..... $68.00 CADD Operator* .... , ...... "." .... , ...... , ...... " ...... , ..... , ...... , ...... , ...... , ...... $74.00 Secretarial Services* ...... , ...... , ...... , ...... ,' .. , .. " ...... , .. , .... , ... , ..... " .... , .... $50.00

'For these personnel, overtime work will be charged at a rate equal to 1,3 times the Standard Rate. A premium of 50 percent will be added to hourly rates for depositions and expert witness testimony,

EXPENSES The following expenses, when incurred in connection with the project, will be charged at the rates shown: Transportation, Lodging and Subsistence for Out of Town Travel ...... Cost+15% Printing, Reproduction, Photographs, Long distance Telephone and Facsimile Charges, Shipping Charges, and Material Purchases ...... Cost+15% Vehicle Travel for Project ...... , ..... , ...... , ... , .... , .. , ...... , ...... ,', ... ,.,'" ,..... ,.. ,... ,...... "."., .. $0.85/Mile Rental of Specialized Field, Laboratory or Monitoring Equipment ...... Cost+15%

SUBCONTRACTORS/SUBCONSUL TANTS On projects requiring subcontractors or subconsultants, we will obtain the services of reputable contractors or consultants to perform such work. The fees of these contractors or consultants will be added to our invoices plus a 15% service charge.

INVOICES Progress invoices will be submitted to the client monthly and a final bill will be submitted upon completion of our services. Invoices will show charges for different personnel and expenses. Each invoice is due on presentation and is past due thirty (30) days from invoice date. Client agrees to pay a finance charge of one and one-half percent (1 Y>%) per month on past due accounts, We reserve the right to suspend or terminate work under our agreement upon failure of the client to pay invoices when due. u:misclFee&Rate7.08

Professional Roof Consulting Services Item G-7. Consider Approval of Purchase of Portable Audio System. (CLS)

Motion by McLaughlin, supported by Sneideman to authorize the purchase of a portable audio system from Provideo, 26471 South Point Rd, Perrysburg, OH 43551 in the amount of $9,198 to be taken from Account #230-250.970_060. Motion carried by all members present.

Approximately once each month, the Canton Community Cable Television Studio films at outdoor events and off-site venues that do not have permanent audio systems. Purchase of a portable audio system will allow presenters to be heard in these venues and will also send a direct feed to audio and video recording devices for use on cable television.

This audio system will be able to be used for any situation requiring amplified audio, televised or otherwise and will eliminate the need for the rental of this type of equipment. This equipment will also be able to be shared with other departments if they have a need for amplified sound.

Funds for the purchase are available from the one-time capital equipment grant from The Uniform Video Service Local Franchise Agreement with Comcast.

Requests for proposals were solicited with three quotes submitted. Provideo $ 9,198.00 Tech Art Productions $ 9,244.00 Olden, LCC $11,995.00 Provideo was the lowest qualified bidder at $9,198.

Item G-6. Consider Authorization of Contract for Roofing Consultant Services. (CLS)

Motion by McLaughlin, supported by Williams to approve the Clerk to sign the contract for roofing consultant services to Roofing Technologies Associates, 38031 Schoolcraft, Livonia, Michigan 48150. Motion carried by all members present.

Township facilities encompass over 350,000 square feet of roofing systems with an average age greater than 15 years and replacement costs estimated in excess of $3 million dollars. In order to extend the life of roof products and systems, standard maintenance, repair and testing is required. Leisure Services Staff issued a Request for Proposal (Attachment A) in February to seek a company to inspect, test and design roofing repairs and replacements at Township facilities on an as-needed basis. Four proposals were received from the following companies:  Building Technologies Associates, Inc.  Professional Services Industries, Inc.  Roofing Technologies Associates, Inc.  Soil and Materials Engineers, Inc.

The proposals were evaluated on the following criteria:  Contractor’s proposed fee schedules and response time

May 13, 2014 67  Contractor’s proposed means and methods to perform work  Contractor’s proven work experience and history  Contractor’s references  Quality of contractor’s proposal

The company selected is Roofing Technologies Associates (RTA). This company is focused on roofing consulting only, has an extensive history of providing consulting services, provides options for cost-effective solutions and has provided quality service to Canton in the past. A contract was negotiated with Roofing Technologies Associates and a copy is provided in Attachment B. Work will be performed on a project by project basis in accordance with the “Scope of Work” highlighted in the contract. The cost to perform the work will be in accordance with the “Fee and Rate Schedule” as provided in RTA’s proposal and recognized in the contract.

Item G-8. Consider Approval of a Fiber Optic Line to Replace T1 Network Connection. (PSD)

Motion by McLaughlin, supported by Williams to approve the purchase and installation of a fiber optic network connection from Oakland County CLEMIS in the amount of $16,741.20, utilizing drug forfeiture funds, and to approve a budget amendment to increase the 2014 Police Fund Balance Appropriation account #207-000-695 by $16,741.20; and to increase the 2014 Police Program Expense–Drug Forfeiture account #207-301-50.743.0003 by $16,741.20. Motion carried by all members present. Motion carried by all members present.

The Public Safety Department requires a network connection to Oakland County for all CLEMIS applications/Public Safety software utilized including: computer aided dispatch, records management software, electronic fingerprinting & mug shots, accident reporting, citations, data analysis, impounds, evidence tracking, officer activity logs and LEIN. The department has utilized a T1 network connection since becoming a CLEMIS participant in 2006. Due to the significant expansion of all CLEMIS applications making them more dynamic in nature, a decrease in network speed has become more apparent and is having a direct affect on the efficient work environment of all Public Safety personnel. Software applications are continually slow to respond, or “time out” entirely while mid-process.

To accommodate the current and future programs offered by CLEMIS, it was proposed that the department take a proactive approach by upgrading to a fiber optic network connection. This course of action would significantly increase the network bandwidth available for all public safety applications and would assist with keeping day-to-day operations functioning optimally. A T1 connection is 1.5Mbps (mega bits per second) vs. a fiber optic connection at 10Mbps, making the fiber optic approximately 7 times the bandwidth of the T1.

Given the continued dynamic progression of public safety applications and the desire to make full and efficient use of the provided CLEMIS programs, a crucial need exists to upgrade to a faster and more robust fiber optic network connection.

May 13, 2014 688 Washtenaw County is currently in the planning stages of upgrading to a fiber optic connection, making this the ideal time for Canton to make a switch as the department can utilize a network hub in close proximity to the township—significantly reducing the cost of having to create our own hub location.

Oakland County CLEMIS will coordinate the conversion of the network connection from T1 to fiber optic. The total cost of the project is $16,741.20, and includes the fiber optic line, router equipment and labor.

The department is proposing to utilize drug forfeiture funds for this conversion project, and is including a budget amendment within this Request for Board Action.

Director Mutchler explained the replacement was recommended by our IT Department for optimum performance.

Item G-9. Consider Approval of a Resolution for Caution Handicapped in Area Signs. (PSD)

Motion by McLaughlin, supported by Williams to approve the resolution to approve installation of "Handicapped in Area" signs. Motion carried by all members present.

RESOLUTION OF BOARD OF TRUSTEES CHARTER TOWNSHIP OF CANTON

To Approve Installation of Handicapped in Area Signs

WHEREAS, A Canton resident, has requested caution "Handicapped in Area" signs to be installed on both sides of the street near her residence located on Drexel, just west of Longwood in the Sunflower Village Subdivision.

WHEREAS, the Canton Public Safety Department has reviewed this application and recommends approval of the request; and,

WHEREAS, the Charter Township of Canton accepts full responsibility for the purchasing, installing, and maintaining of the requested signs.

WHEREAS, the funds for the purchase of the signs will be expensed from the 2014 Police - Miscellaneous Account #207-301-50.956; and,

NOW THEREFORE BE IT RESOLVED, the Board of Trustees of the Charter Township of Canton, Michigan does hereby APPROVE the request to install caution "Handicapped in Area" signs near the residence and further authorizes the Township Clerk to sign the Wayne County permit application.

The Police Department is in receipt of a homeowner’s request for caution “Handicapped in Area” signs to be installed on both sides of the street near her residence located on Drexel.

The homeowner, has a child with a rare genetic syndrome that drastically hinders her ability to recognize/participate in safety rules and procedures. As a precautionary measure, the resident is

May 13, 2014 69 requesting the signs be installed on both sides of the street to alert motorists of the cautionary area as they approach the residence.

The resolution shall include authorization for a township official to sign the Wayne County Application for Permit to have the signs installed. The Police Department will order and pay for the signs; and Public Works has agreed to install the signs at the locations permitted by Wayne County. The purchase price of the signs is estimated to be $100 each.

May 13, 2014 70 APPLICATION FOR PERMIT TO INSTALL SIGNS Wayne County Department of Public Services Traffic Operations Section Page 1 of31

Procedure to obtain permit to install "HANDICAPPED IN AREA" signs

1. A permit to install "HANDICAPPED IN AREA" warning signs will be issued only to the governing body of a city or township.

2. An application for a permit to install the signs shall be accompanied by a copy of the letter from the resident(s) requesting the sign, and a copy of a resolution from the local governing body authorizing an official of the city or township to endorse the permit.

3. A representative of the Wayne County Department of Public Services shall determine suitable locations to place the signs.

4. The city or township shall assume responsibilities for furnishing, installing and maintaining the signs.

5. The signs shall have a standard legend, "HANDICAPPED IN AREA" and shall be approximately 30 inches by 30 inches in size with black letters on a fluorescent yellow retroreflective background. A Sign Detail Sheet is attached. APPLICATION FOR PERMIT TO INSTALL SIGNS Wayne County Department of Public Services Traffic Operations Section

Page 2 of31

Sign Detail Sheet

Dimensions: 30" x 30" panel, 4" letters with 3" spacing.

Colors: Black letters and border on retroreflective fluorescent yellow background.

Installation Requirements:

1. Bottom of sign must be 7 feet above ground.

2. Roadside edge of sign must be at least 2 feet clear of curb face or shoulder edge.

3. Support post shall be standard U-channel section or square tubing and installed at approved location in conformance with the above requirements.

4. Permit holder shall contact MISS DIG at 1-800-482-7171, three (3) working days prior to installing the sign to obtain underground utility location information. APPLICATION FOR PERMIT TO INSTALL SIGNS Wayne County Department of Public Services Traffic Operations Section Page 3 of31

This is an application to obtain a permit to install signs in the County's right-of-way. Signs that are permitted must be installed and maintained by the City or Township that is applying for the permit. A local resolution supporting this arrangement is required. The resolution number should be noted on this application and a copy attached.

1. Requested Location(s) Approved Location to be filled out by re uester) (County Use Only) a. +- dj \/ b.

l

2. Size of signs

3. Legend of signs

4. Metal or wood signs

I 'i 5. Type of sign post nnf\,lhl,,~

-l. 1(\ '/7· • /'. ,/ 6. Individual submitting application L' i"_ Vv'll v\ r ' (~ -'~~t)~~~-'~.~_J~--~~~------r "'Ie 1{ /' (0, L' j' {' r-" \ C.t' I" t"~r/\,'. \ ')C",;'' C"L',,_,' , ,lIP:')!. j' Ph I,/1 ~ l,/'1 ~ 'J .,'J /'i - (" LI L '-. Name L ( one {,' ! j I J

,1111 I h Address II fIll II a ------~------~------~~----~~------

APPROVED: City or Township of ______Resolution Attached ------~

By Title Date ------I DETACH AND RETURN THIS SHEET TO: Wayne County Division of Roads Traffic Operations Section 29900 Goddard Road Detroit, MI 48242 Phone: (734) 955-2154

Rev.4fI712014

Item G-10. Consider Approval of Annual Service Agreement for LIFEPAK 12 Defibrillator/Monitors. (PSD)

Motion by McLaughlin, supported by Sneideman to approve the annual service agreement for (6) LIFEPAK 12 defibrillator/monitors in the amount of $7,020, with Physio-Control, Inc., utilizing funds budgeted in the Fire Department’s 2014 Professional and Contracted Services account #206-336-50.801.0050. Motion carried by all members present.

The State of Michigan requires defibrillator/monitors be carried on every Advanced Life Support ambulance. A defibrillator/monitor primarily monitors heart rhythms and other vital signs such as blood pressure, temperature and pulse on patients during an EMS incident. In addition to its ability to monitor vital signs, the defibrillator/monitor has the capability to provide precise manual defibrillation on patients.

Canton utilizes six (6) LIFEPAK 12 defibrillator/monitors, purchased and serviced from Physio- Control, Inc., the sole source provider of the LIFEPAK brand. Due to the magnitude of importance of the defibrillator/monitor on medical runs, it is essential to maintain our annual service agreement with Physio-Control, Inc., for the prompt repair and replacement of these devices.

This service agreement covers six (6) LIFEPAK 12 defibrillator/monitors in the amount of $7,020, (increased $540 from 2013). The increase in price is due to difficulties in repairing the aging units in our fleet. The service agreement includes on-site repairs and one on-site inspection per year. This agreement also includes replacement coin cell, NiCd and Li-ion batteries in all units on rotation schedule, or upon battery failure. In addition, a 15% discount on all accessories and electrodes purchased for the devices.

Funds are budgeted in the Fire Department’s 2014 Professional and Contracted Services account #206-336-50.801.0050, in the amount of $8,500 for this annual service agreement.

Trustee Williams asked if this model would not be available in the future. Director Mutchler replied this was accurate, however, the Fire Chief is already planning for the future.

May 13, 2014 74 starts here,'

ADDRESS 21 Apr2014 IIBII Road Rl',jm()nd. W..\ 'Xi()~2 ATTN: Jamie Strassner PHONE Canton Fire Department GENERAL 1150 Canton CTR RD ,[25 867 4()(lO Canton, MI 48188 TOLL,FREE XOO 4+2 11-[2 Dear Jamie Strassner www.physio-control.com As an existing customer, you know premium service is a critical element in maintaining the high perfor­ mance standards of our products. We can offer the same level of service for your AED devices to include on-site, repair or inspection and repair options,

Key benefits and features may include: Maximize device reliability and reduce downtime with on-site premium service Help avert risk with assured compliance to recommended maintenance by manufacturer-trained, staff technicians Periodic Quality Assurance Inspections - performed in accordance with manufacturer specifications Unlimited service calls including parts and labor Battery management and proactive replacement supporting OEM recommendations Fixed annual costs for budgetary purposes Discounts on feature upgrades and product consulting on Jatcst technology innovation Loaner devices (based on availability) Software updates

Refer to your Technical Service Support agreement or consult youS Field Service Representative for your specific coverage solution.

Enclosed is an addendum to your cxisting Service Agreement to include service for your AED deviccs. To approve, please sign, retain a copy for your rt'cords and return all pages to our offiee by fax to 800-772- 3340. email to [email protected] or mail to the address ahove with attention to Pricing and Contracts Department. Receipt of your signed agreement prior to 24 Apr 2014 enables Physio-Control to provide you with premium service.

Thank you for allowing us to be partners in health care. If you should have any questions, please feel free to contact me at 1-800-442-1142, option I, extension 72138.

Sincerely,

PHYSIO-CONTROL, INC.

Kenneth Franklin Field Service Rep.

Enclosurc TECHNICAL SERVICE SUPPORT AGREEMENT

Contract Number:

End User # 12975702 Bill To # 12975702 CANTONFD CANTONFD 1150 S CANTON CTR RD 1150 S CANTON CTR RD CANTON, MI 48188 CANTON, MI 48188

This Technical Service Support Agreement begins on 5/3/2014 and expires on 5/2/2015.

The designated Covered Equipment and/or Software is listed on Schedule A. This Technical Service Agreement is subject to the Terms and Conditions on the reverse side ofthis document and any Schedule B, if attached. If any Data Management Support and Upgrade Service is included on Schedule A then this Technical Service Support Agreement is also subject to Physio-Control's Data Management Support and Upgrade Service Terms and Conditions, rev 7/99-1.

Price of coverage specified on Schedule A is $7,020.00 per term, payable in Annual installments.

Special Terms 15% DISCOUNT ON ACCESSORIES 15% DISCOUNT ON ALL ELECTRODES

Accepted: Physio-Control, Inc. Customer:

By: By:

Title: Print:

Date: Title:

Date:

Purchase Order Number:

Territory Rep: WEMM56 Customer Contact: Kenneth Franklin Jamie Strassner Phone: 800-442-1142 Phone: 313-310-5578 FAX: 800-772-3340 FAX:

Reference Number: JH-2625 Renewal Printed: 4/23/2014 Page 1 of 5 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS

Customer's signature on this Agreement or a valid purchase order referencing this Technical Service Support Agreement is required prior to Physio-Control's acceptance and performance of this Agreement. This Agreement covers only the equipment listed on Schedule A ("Covered Equipment"). These terms constitute the complete agreement between the parties and they shall govern over any other documents, including Customer's purchase order. These terms may not be revised in any manner without the prior written consent of Physio-Control.

SERVICES. The Services provided under this Agreement are set forth on Schedule A. Physio-Control strives, but does not guarantee, to return service calls within two (2) hours and to resolve service issues within twenty-four (24) hours. Following Services, Physio-Control will provide Customer with a written report of actions taken or recommended and identification of any materials replaced or recommended for replacement. The following Services are available and further described as they relate to each specific Physio-Control device on Schedule B:

"Repair Plus Service" or "Repair Only Service" means repairs, Battery Replacement Service, parts and labor necessary to restore Covered Equipment to original specifications, subject to Exclusions (as set forth below).

"Preventative Maintenance" or "Inspection Only Service" means inspection and adjustment to maintain Covered Equipment in satisfactory operating condition. Inspections include tests, measurements, and a thirty-point evaluation of Covered Equipment. Covered Equipment is properly calibrated, mechanical operations are checked and adjusted, if necessary, and output measurements are verified to function properly. Electrical safety checks are also performed in accordance with National Fire Protection Association (NFPA) guidelines. Preventative Maintenance and Inspection Only Service are subject to Exclusions.

"Comprehensive Service" or "Repair & Inspect Service" means repairs, Battery Replacement Service, parts and labor necessary to restore Covered Equipment to original specifications, and inspections to verify proper device calibration, mechanical operations and output measurements, electrical safety check in accordance with NFPA guidelines. and Updates (as set forth below), subject to Exclusions.

"Battery Replacement Service" means replacement of batteries on a one-for-one, like-for-like basis, up to the number of batteries and/or devices listed in Schedule A. Only batteries manufactured or distributed by Physio-Control are eligible for replacement. Battery replacement is available upon Customer notification to Physio-Control of the occurrence of: (i) battery failure as determined by Customer's performance testing and evaluation in accordance with the applicable Operating Instructions; or (ii) the end of the useful life of the battery as set forth in the applicable Operating Instructions.

At the discretion of Physio-Control, battery replacement shall be effected by shipment to Customer and replacement by Customer, or by on-site delivery and replacement by a Physio-Control Service Technician. Upon Customer's receipt of a replacement battery, the battery being replaced shall become the property of Physio-Control, and Customer must return the battery being replaced to Physio-Control for proper disposal. In the event that Physio-Control does not receive the battery being replaced, Physio-Control will invoice Customer the then-current rate for the replacement battery.

"On-Site Service" means that a Physio-Control factory-trained technician will provide Services at Customer's location. Services will be performed between 8:00am and 5:00pm local time, Monday through Friday, excluding holidays. Customer is to ensure Covered Equipment is available for Services at scheduled times. Some Services may not be completed On-Site. Physio-Control will cover travel andlor round-trip freight for Covered Equipment that must be sent to our deSignated facility for repair.

"Ship-In Service" means that Services will be performed at Physio-Control's deSignated facility. Physio-Control will cover round-trip freight for Covered Equipment that is sent to our designated facility for Services.

If Covered Equipment is not available when Services are scheduled or Customer requests services or goods not covered by this Agreement or outside of designated Services frequency or hours, Physio-Contro! will charge Customer for such services at 10% off Physio-Control's standard rates (including overtime, if appropriate) and applicable travel costs in addition to the contract price. Repair parts required for such repairs will be made available at 15% off the then-current list price.

EXCLUSIONS. Unless otherwise specified, Services do not include the following Exclusions:

supply or repair of accessories or disposables repair of damage caused by misuse. abuse. abnormal operating conditions, operator errors, acts of God, and use of batteries, electrodes, or other products not distributed by Physio-Control case changes repair or replacement of items not originally distributed or installed by Physio-Control Upgrades, and installation of Upgrades battery maintenance, performance testing, evaluation, removal, and recycling

LOANERS. If Covered Equipment must be removed from use to complete Services, Physio-Control will strive to provide Customer with a similar loaner device until the Covered Equipment is returned. Customer assumes complete responsibility for the loaner and shall return the loaner at Customer's expense to Physio-Control in the same condition as received, upon the earlier of the return of the

Reference Number: lH-2625 Renewal Printed: 4/23/2014 Page 2 of 5 removed Covered Equipment or Physio-Control's request.

UPDATES. "Update" means a change to a device to enhance its current features, stability, or software. If Comprehensive Service or Repair & Inspect Service is designated for Covered Equipment on Schedule A, Physio-Control will install Updates at no additional cost, provided such Updates are installed at the time of regularly scheduled Services. Updates installed on Covered Equipment designated on Schedule A as Repair Plus Service, Repair Only Service, Preventative Maintenance Service, Inspection Only Service, or at a time other than regularly scheduled Comprehensive Service or Repair & Inspect Service, will be billed on a separate invoice at 20% off the then-current list price of the Update. For all Service plans, if parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then-current list price.

UPGRADES. "Upgrade" means a major, standalone version of software or the addition of features or capabilities to a device. For all Service plans, Upgrades must be purchased separately and are not provided under this Agreement. Upgrades are available at a rate of 17% off the then-current list price.

PRICING. Pricing is set forth on the first page of this Agreement, on the Quote for Services, and/or on the Invoice for the Services purchased. Prices do not include taxes. Sales, service or use taxes will be invoiced in addition to the price of the goods and Services covered by this Agreement unless Physio-Control receives a copy of a valid exemption certificate. If the number or configuration of Covered Equipment changes during the Term, pricing shall be pro-rated accordingly. For Preventative Maintenance Service, Inspection Only Service, Comprehensive Service, and Repair & Inspect Service, no pricing deduction will be made for removal of Covered Equipment if preventative maintenance and inspection have already been performed during the Term and no further preventative maintenance and inspection are sCheduled to occur. Discounts may not be combined with other special terms, discounts, and/or promotions.

PAYMENT. Payment is due within thirty (30) days of invoice date.

WARRANTY. Physio-Control warrants Services performed under this Agreement and repair/replacement parts provided in performing such Services against defects in material and workmanship for ninety (90) days from the date Services were performed or a repair/replacement part was provided. Customer's sole remedy shall be reservicing the affected Covered Equipment and/or replacement of any part determined to be defective, without additional charge, provided Customer notifies Physio-Control of any allegedly defective condition within ten (10) calendar days of its discovery by Customer. Physio-Control makes no other warranties, express or implied, including, without limitation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND IN NO EVENT SHALL PHYSIO-CONTROL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES.

TERM. The Term of this Agreement is set forth on the first page of this document, or in the Quote and/or Invoice for the Services purchased. This Agreement shall automatically renew unless terminated by either party with written notice thirty (30) days prior to the expiration of the then-current Term. Prices are subject to change upon renewal.

TERMINATION. Either party may terminate this Agreement for material breach by the other party by providing thirty (30) days' written notice to the other party, and provided such breach is not cured within the notice period. In addition, either party may terminate this Agreement at any time upon Sixty (60) days' prior written notice to the other party. In the event of such early termination by Customer, Customer shall be responsible for the portion of the designated price which corresponds to the portion of the Term prior to the effective date of termination and the list-price cost of any preventative maintenance, inspections, or repairs rendered during the Term.

DELAYS. Physio-Control will not be liable for any loss or damage of any kind due to its failure to perform or delays in its performance resulting from any cause beyond its reasonable control, including, but not limited to, acts of God, labor disputes, labor shortages, the requirements of any governmental authority, war, civil unrest, delays in manufacture, obtaining any required license or permit, and Physio-Control's inability to obtain goods from its usual sources. Any such delay shall not be considered a breach of Physio-Control's obligations and the performance dates shall be extended for the length of such delay.

DEVICE INSPECTION BEFORE ACCEPTANCE. Any device that is not covered by either a Physio-Control Limited Warranty or a current Physio-Control Technical Service Support Agreement must be inspected and repaired (if necessary) to meet original specifications at customer's cost at the then-current list prices prior to being covered under a Technical Service Support Agreement. Physio-Control reserves the right to refuse to support any device that has been remanufactured by a company other than Physio-Control. '

MISCELLANEOUS. (a) During the Term of this Agreement and for one (1) year following its expiration, without Physio-Control's prior written consent, Customer agrees to not to solicit or offer employment to anyone who is employed by Physio-Control to provide Services such as those described in this Agreement; (b) this Agreement, and any related obligation of other party, may not be assigned in whole or in part without the prior written consent of the other party; (c) this Agreement shall be governed by the laws of the State in which the Services are provided; (d) all costs and expenses incurred by the prevailing party related to the enforcement of its rights under this Agreement, including reasonable attorney's fees, shall be reimbursed by the other party.

Reference Number: JH-2625 Renewal Printed: 4/23/2014 Page 3 of 5 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A

Contract Number: Servicing Rep: Kenneth Franklin, WEMM56 District: MIDWEST Phone: 800-442-1142 FAX: 800-772-3340 Equipment Location: CANTON FD, 12975702 1150 S CANTON CTR RD CANTON, MI 48188 Scope Of Service On Site Comprehensive Coverage

Ref, Effective Expiration Total Model Part Number Serial Number Line Date Date Inspections LIFEPAK® 12 VLPI2-02-005985 34373730 5/3/2014 5/2/2015 LIFEPAK® 12 VLPI2-02-005985 34373737 2 5/3/2014 5/2/2015 LIFEPAK® 12 VLPI2-02-005985 34373740 3 5/3/2014 5/2/2015 LlFEPAK® 12 VLPI2-02-005985 34373741 4 5/3/2014 5/2/2015 LlFEPAK® 12 VLPI2-02-005985 34373788 5 5/3/2014 5/2/2015 LIFEPAK® 12 VLP 12-02-007228 38812109 6 5/3/2014 5/2/2015

** Denotes an inventory line that has changed since the last contract revision or addendum.

Reference Number: JH-2625 Renewal Printed: 4/23/2014 Page 4 of 5 PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULEB

LIFEP AK® 12 Defibrillator/Monitor Services

LIFEP AK® 12 Defibrillator/Monitor Comprehensive Service • Preventative maintenance and inspections at intervals set forth on Schedule A • Parts and labor necessary to restore device to original specifications, subject to Exclusions • Standard detachable hard paddles repair or replacement • REDl-CHARGE® battery charger (Catalog# 11141-000115) repair or replacement of one for each LIFEPAK 12 Defibrillator/Monitor listed in Schedule A and as determined necessary by Physio-Control • Power Adapter repair or replacement • Battery Replacement Service o Replacement of failed internal coin cell batteries; and o Replacement of four (4) Physio-Control F ASTPAK® batteries, F ASTPAK 2 batteries, LIFEPAK SLA batteries, LIFEP AK NiCd batteries every two years, or upon battery failure; or o Replacement of three (3) LIFEPAK Lithium-ion batteries every two years, or upon battery failure • Updates installed at no additional cost, provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of 30% off the then-current list price.

LIFEPAK® 12 Defibrillator/Monitor Repair Plus Service • Parts and labor necessary to restore device to original specifications, subject to Exclusions • Standard detachable hard paddles repair or replacement • REDl-CHARGE® battery charger (Catalog# 11141-000115) repair or replacement of one for each LIFEPAK 12 Defibrillator/Monitor listed in Schedule A and as determined necessary by Physio-Control • Power Adapter repair or replacement • Battery Replacement Service o Replacement of failed internal coin cell batteries; and o Replacement offour (4) Physio-Control F ASTPAK® batteries, F ASTPAK 2 batteries, LIFEPAK SLA batteries, LIFEP AK NiCd batteries every two years, or upon battery failure every two years, or upon battery failure; or o Replacement of three (3) LIFEPAK Lithium-ion batteries every two years, or upon battery failure • Updates installed at 20% off the then-current list price provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of30% off the then-current list price.

LIFEPAK® 12 Defibrillator/Monitor Preventative Maintenance Service • Preventative maintenance and inspections at intervals set forth on Schedule A • Updates installed at 20% off the then-current list price provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software, such parts may be purchased at a rate of30% off the then-current list price.

Reference Number: JH-2625 Renewal Printed: 4/23/2014 Page 5 of 5 Item G-11. Consider Approval of a Software Upgrade to NICE Recording System. (PSD)

Motion by McLaughlin, supported by Sneideman to approve the purchase of the NICE Inform Version 6 software upgrade from Van Belkum, 4345 44th Street SE, Suite C, Grand Rapids, Michigan, in the amount of $5,498.20; utilizing $2,000 budgeted in the 2014 E-911 Professional & Contracted Services account #261-346-50.801.0050, and $3,498.20 budgeted in the 2014 Police Professional & Contracted Services account #207-301-50.801.0050. Motion carried by all members present.

The Public Safety Department currently utilizes the NICE NPX system for the recording of its telephone and radio lines (37 lines in total).

The manufacturer of the NICE system is making a software assurance package available through its vendor, Van Belkum, which allows for all future software upgrades to be included in an annual software maintenance contract. Currently, upgrades to software and annual maintenance contracts are purchased separately. Beginning in 2015, the two services will be offered in a combined contract, reflecting a discounted price. However, the software assurance package will only be available to those clients who are on the most updated software version of the NICE system. The Public Safety Department is one version behind and, therefore, would need to purchase an upgrade to be eligible for the software assurance package next year.

It would be in the department’s best interest to purchase the upgrade this year through Van Belkum, so that we can take advantage of the software assurance package being offered in 2015 and beyond.

The cost to purchase the NICE Inform software upgrade from Version 5 to Version 6 through Van Belkum is $5,498.20. Funds to cover this purchase would be split between the Professional & Contracted Services Accounts within the 2014 Police and E-911 Budgets.

Item G-12. Consider Approval of a Metro-Act Permit for Fibertech. (MSD)

Motion by McLaughlin, supported by Sneideman to authorize the Township Clerk to execute contract approving a fifteen (15) year permit for Fibertech Metro-Act Right-of-Way Telecommunications Permit. Motion carried by all members present.

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 March 24, 2014 Fibertech submitted an application to the Township for a fifteen (15) year permit to install various overhead and underground utilities within the Township (see attached application and map) Under this permit, Fibertech has the right to request an extension of the permit for three periods of five (5) years.

Treasurer McLaughlin requested MSD verify our as-builts are updated upon completion of this project as location and ownership of cable is essential to the township.

May 13, 2014 81 phone 585-697-5100 March 24,2014 fax 585-442~8845 300 Meridian Centre Rochester, NY 14618

VIA FEDERAL EXPRESS

Terry Bennett Township Clerk Canton Charter Township 1150 S. Canton Center Road Canton, MI 48188

RE: METRO Act Permit Application Form

Dear Ms. Bennett:

Please accept this letter as a request by Fiber Technologies Networks, L.L.c. ("Fibertech") for a METRO Act Permit in the Township of ("Canton") for access to and ongoing use of public rights-of-way within the Township for the purpose of constructing a fiber optic network extension to service its customers. I have also included a METRO Act Permit Bilateral Form, for your convenience.

Per the METRO Act Application Requirements, Attachments A-E are included with our application for your review_ Here is a brief description of the attachments: • Fibertech is a limited liability company formed in the State of New York. A copy of the New York Department of State's certification is included in Attachment A. • Attachment B is a copy of Fibertech's Michigan Department of Licensing and Regulatory Affairs Filing Endorsement. • Fibertech' s Certificate of Authority from the Public Service Commission is included in Attachment C. • A proposed network route map is shown in Attachment D. • Attachment E includes a valid Certificate of Insurance and Worker's Compensation documentation. • Check #124338 for five hundred dollars and no cents ($500.00) is included to cover a one-time application fee.

If you have questions concerning this application please contact me directly at 585-568-8485 or [email protected].

Thank you.

Yiry truly yours, . c~juiHL O. )ZU.l)k:v'l Ie / .jAJdith A. Newkirk vDirector of Regulatory Affairs & Compliance

JAN/yf

Enclosures Customer Dri\cen. To The Last Mile. www.fibertech.com fj}j METRO Act Permit Bilateral Form Revised 12/06/02

RIGHT-OF-WAY TELECOMMUNICATIONS PERMIT

TERMS AND CONDITIONS

1 Definitions

1.1 Company shall mean Fiber Technologies Networks, L.L.C. organized under the laws of the State of New York whose address is 300 Meridian Centre, Rochester, New York 14618.

1.2 Effective Date shall mean the date set forth in Part 13.

1.3 Manager shall mean Municipality's [MayorlManagerlSupervisorNillage President] or his or her designee.

1.4 METRO Act shall mean the Metropolitan Extension Telecommunications Rights­ of-Way Oversight Act, Act No. 48 of the Public Acts of2002, as amended.

1.5 Municipality shall mean Canton Charter Township. a Michigan municipal corporation.

1.6 Permit shall mean this document.

1.7 Public Right-of-Way shall mean the area on, below, or above a public roadway, highway, street, alley, easement, or waterway, to the extent Municipality has the ability to grant the rights set forth herein. Public right-of-way does not include a federal, state, or private right-of-way.

1.8 Telecommunication Facilities or Facilities shall mean 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 telecommunication services or signals. Telecommunication Facilities or Facilities do not include antennas, supporting structures for antennas, equipment shelters or houses, and any ancillary equipment and miscellaneous hardware used to provide federally licensed commercial mobile service as defined in Section 332(d) of Part I of Title III of the Communications Act of 1934, Chapter 652, 48 Stat. 1064, 47 U.S.C. 332 and further defmed as commercial mobile radio service in 47 CFR 20.3, and service provided by any wireless, 2-way communications device.

1.9 Term shall have the meaning set forth in Part 7. 2.1 Municipality hereby grants a pennit under the METRO Act to Company for access to and ongoing use of the Public Right-of-Way to construct, install and maintain Telecommunication Facilities in those portions of the Public Right-of­ Way identified on Exhibit A on the tenns set forth herein.

2.1.1 Exhibit A may be modified by written request by Company and approval by Manager.

2.1.2 Manager shall not unreasonably condition or deny any request for a modification of Exhibit A. Any decision of Manager on a request for a modification may be appealed by Company to Municipality's legislative body.

2.2 Overlashing. Company shall not allow the wires or any other facilities of a third party to be overlashed to the Telecommunication Facilities without Municipality's prior written consent. Municipality'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 Pennit are nonexclusive. Municipality 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 infonnation for Company and its Telecommunication Facilities are as follows:

The address, e-mail address, phone number and contact person (title or name) at Company's local office (in or near Municipality) is Eric Finnemore, Regional Director, 585-697-5148, 300 Meridian Centre, Rochester, New York 14618, [email protected].

3.1.1 If Company's engineering drawings, as-built plans and related records for the Telecommunication Facilities will not be located at the preceding local office, the location address, phone number and contact person (title or department) for them is Eric Finnemore, Regional Director, 585-697- 5148, 300 Meridian Centre, Rochester, New York 14618, [email protected];

-2- 3.1.2 The name, title, address, e-mail address and telephone numbers of Company's engineering contact person( s) with responsibility for the design, plans and construction of the Telecommunication Facilities is Eric Finnemore, Regional Director, 585-697-5148, 300 Meridian Centre, Rochester, New York 14618, [email protected].

3.1.3 The address, phone number and contact person (title or department) at Company's home office/regional office with responsibility for engineering and construction related aspects of the Telecommunication Facilities is Gary Muisus, 585-697-5137, Vice President Construction, 300 Meridian Centre, Rochester, New York 14618, [email protected].

3.1.4 Company shall at all times provide Manager 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. Network Operations Center: 1-800-497-5578.

3.1.5 The preceding information is accurate as of the Effective Date. Company shall notify Municipality in writing as set forth in Part 12 of any changes in the preceding information.

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

3.3 As-Built Records. Company, without expense to Municipality, shall, upon forty­ eight (48) hours notice, give Municipality 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 Municipality, Company shall inform Municipality as soon as reasonably possible of any changes from previously supplied maps, records, or plans and shall mark up maps provided by Municipality so as 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 so as to not endanger or injure persons or property in or about the Public Right-of-Way. If Municipality 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 , -J- as Municipality may determine is in the public interest to remove or alleviate the burden, and Company shall do so within a reasonable time period. Municipality shall 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 Priority. This Permit does not establish any priority of use of the Public Right-of-Way by Company over any present or future pennittees or parties having agreements with Municipality or franchises for such use. 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 Municipality, the third priority to the State of Michigan and its political subdivisions in the performance of their various functions, and thereafter as between other permit, agreement or franchise holders, as determined by Municipality 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 Municipality, 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 which existed prior to the disturbance. In the event that Company, its contractors or subcontractors fail to make such repair within a reasonable time, Municipality may make the repair and Company shall pay the costs Municipality 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 handhole with Company's name and a toll-free telephone number.

-4- 4.5 Tree Trimming. Company may trim trees upon and overhanging the Public Right-of-Way so as to prevent the branches of such trees from coming into contact with the Telecommunication Facilities, consistent with any standards adopted by Municipality. 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 Manager.

4.6 Installation and Maintenance. The construction and installation of the Telecommunication Facilities shall be performed pursuant to plans approved by Municipality. The open cut of any Public Right-of-Way shall be coordinated with the Manager or his 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 Municipality approves an alternate location. Company may perform maintenance on the Telecommunication Facilities without prior approval of Municipality, provided that Company shall obtain any and all permits required by Municipality in the event that any maintenance will disturb or block vehicular traffic or are otherwise required by Municipality.

4.7 Pavement Cut Coordination. Company shall coordinate its construction and all other work in the Public Right-of-Way with Municipality's program for street construction and rebuilding (collectively "Street Construction") and its program for street repaving and resurfacing (except seal coating and patching) (collectively, "Street Resurfacing").

4.7.1 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 Municipality.

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 hereafter may be promulgated. Before any installation is commenced, Company shall secure all necessary permits, licenses and approvals from Municipality or other governmental entity as may be required by law, including, without limitation, all utility line permits and highway permits. Municipality shall not unreasonably delay or deny issuance of any such permits, licenses or approvals. Company shall comply in all 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

-5- the National Electric Code (latest edition). Company shall comply with all zoning and land use ordinances and historic preservation ordinances as may exist or may hereafter be amended. This section does not constitute a waiver of Company's right to challenge laws, statutes, ordinances, rules or regulations now in force or established in the future.

4.9 Street Vacation. If Municipality 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 Municipality or a court of competent jurisdiction. Company shall relocate its Facilities to such alternate route as Municipality and Company mutually agree, applying reasonable engineering standards.

4.10 Relocation. If Municipality 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 Municipality and Company mutually agree, applying reasonable engineering standards. The work shall be completed within a reasonable time period.

4.ll Public Emergency. Municipality 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, Municipality shall 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, flIe, 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 Municipality.

4.12 Miss Dig. If eligible to join, Company shall subscribe to and be a member of "MISS DIG," the association of utilities formed 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.

-6- 4.14 Identification. All personnel of Company and its contractors or subcontractors who have as part of their normal duties contact with the general 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 sigu with Company's name and telephone number.

5 Indemnification

5.1 Indemnitv. Company shall defend, indemnify, protect, and hold harmless Municipality, 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 of facilities 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 assigus.

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

5.3 Settlement. Municipality shall 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 Municipality for which Company is responsible hereunder.

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 same with Municipality. 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 Municipality, by providing reasonable evidence of its financial resources to Municipality. Municipality's acceptance of such self-insurance shall not be unreasonably withheld.

-7- 6.1.1 Commercial general liability insurance, including Completed Operations Liability, Independent Contractors Liability, Contractual Liability coverage, railroad protective coverage and coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage, in an amount not less than Five Million Dollars ($5,000,000).

6.1.2 Liability insurance for sudden and accidental environmental contamination with minimum limits of Five Hundred Thousand Dollars ($500,000) and providing coverage for claims discovered within three (3) years after the term of the policy.

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

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

6.1.5 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. Municipality shall be named as an additional insured on all policies (other than worker's compensation and employer's liability). All insurance policies shall provide that they shall not be canceled, modifIed or not renewed unless the insurance carrier provides thirty (30) days prior written notice to Municipality. Company shall armually provide Municipality 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.

6.3 OualifIed 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. All insurance and surplus line carriers shall be rated A + or better by A.M. Best Company.

-8- 6.4 Deductibles. If the insurance policies required by this Part 6 are written with retainages or deductibles in excess of $50,000, they shall be approved by Manager in advance in writing. Company shall indemnifY and save harmless Municipality from and against the payment of any deductible and from the payment of any premium on any insurance policy required to be furnished hereunder.

6.5 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).

6.6 Insurance Primary. Company's insurance coverage shall be primary insurance with respect to Municipality, its officers, agents, employees, elected and appointed officials, departments, boards, and commissions (collectively "them"). Any insurance or self-insurance maintained by any of them shall be in excess of Company's insurance and shall not contribute to it (where "insurance or self­ insurance maintained by any of them" includes any contract or agreement providing any type of indemnification or defense obligation provided to, or for the benefit of them, from any source, and includes any self-insurance program or policy, or self-insured retention or deductible by, for or on behalf of them).

7 Term

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

7.1.1 Fifteen years (15) from the Effective Date; provided, however, that following such initial term there shall be three subsequent renewal terms of five (5) years. Each renewal term shall be automatic unless Municipality notifies Company in writing, at least twelve (12) months prior to the end of any term then in effect, that due to changed circumstances a need exists to negotiate the subsequent renewal with Company. Municipality shall not unreasonably deny a renewal term; or

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

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

-9- 7.1.4 Upon either Company or Municipality giving written notice to the other of the occurrence or existence of a default by the other party under Sections 4.8, 6, 8 or 9 of this Pennit 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 Manager grants a written extension, one year from the Effective Date 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 Effective Date ifby such time construction and installation of the Telecommunication Facilities is not complete.

8 Performance Bond or Letter of Credit

8.1 Municipal Reguirement. Municipality may require Company to post a bond (or letter of credit) as provided in Section 15(3) of the METRO Act, as amended [MCL § 484.3115(3)].

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 Municipality in connection with the Public Right-of-Way.

10 Removal

10.1 Removal; Underground. As soon as practicable after the Term, Company or its successors and assigns shall remove any underground cable 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 cable 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 Manager. All removals shall be at Company's sole cost and expense.

10.1.1 For purposes of this Part 10, "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 Term, Company, or its successor or assigns at its sole cost and expense, shall, unless waived in writing by Manager, remove from the Public Right-of-Way all above ground elements of

-10- 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 Manager. Unless extended by Manager, removal shall be completed not later than twelve (12) months following the Term. Portions of the Telecommunication Facilities in the Public Right-of-Way which are not removed within such time period shall be deemed abandoned and, at the option of Municipality exercised by written notice to Company as set forth in Part 12, title to the portions described in such notice shall vest in Municipality.

11 Assignment. Company may assign or transfer its rights under this Permit, or the persons or entities controlling Company may change, in whole or in part, voluntarily, involuntarily, or by operation oflaw, including by merger or consolidation, change in the ownership or control of Company's business, or by other means, subject to the following:

11.1 No such transfer or assignment or change in the control of Company shall be effective under this Permit, without Municipality's prior approval (not to be unreasonably withheld), during the time period from the Effective Date until the completion of the construction of the Telecommunication Facilities in those portions of the Public Right -of-Way identified on Exhibit A.

11.2 After the completion of such construction, Company must provide notice to Municipality of such transfer, assignment or change in control no later than thirty (30) days after such occurrence; provided, however,

11.2.1 Any transferee or assignee of this Permit shall be qualified to perform under its terms and conditions and comply with applicable law; shall be subject to the obligations of this Permit, including responsibility for any defaults which occurred prior to the transfer or assignment; shall supply Municipality with the information required under Section 3.1; and shall comply with any updated insurance and performance bond requirements under Sections 6 and 8 respectively, which Municipality reasonably deems necessary, and

11.2.2 In the event of a change in control, it shall not be to an entity lacking the qualifications to assure Company's ability to perform under the terms and conditions of this Permit and comply with applicable law; and Company shall comply with any updated insurance and performance bond requirements under Sections 6 and 8 respectively, which Municipality reasonably deems necessary.

11.3 Company may grant a security interest in this Permit, its rights thereunder or the Telecommunication Facilities at any time without notifying Municipality.

-11- 12 Notices

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

12.1.1 If to Municipality, ______

12.1.2 If to Company, to Judith Newkirk, Director of Regulatory Affairs, 300 Meridian Centre, Rochester, New York 14618.

12.2 Change of Address. Company and Municipality 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 defmed 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 Duties. Company shall faithfully perform all duties required by this Permit.

13.3 Effective Date. This Permit shall become effective when issued by Municipality and Company has provided any insurance certificates and bonds required in Parts 6 and 8, and signed the acceptance of the Permit.

13.4 Authority. This Permit satisfies the requirement for a permit under Section 5 of the METRO Act [MCL 484.3105].

13.5 Amendment. Except as set forth in Section 2.1 this Permit may be amended by the written agreement of Municipality and Company.

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

13.7 Governing Law. This Permit shall be governed by the laws of the State of Michigan.

-12- [Canton Township]

Attest: By:_---c--:-______By: ______Clerk Its: ______Date: ____

-13- "Company accepts the Pennit granted by Municipality upon the tenns and conditions contained therein."

Fiber Technologies Networks, L.L.C. By: Fibertech Networks, LLC, its Sole Member

By: Its:':CV::P=-&-::-G=-en-e-r""Cal'-C::o-u-n-s-e:-l--...,-,---- Date:

::ODMA IPCDOCSIGRRI75931916

-14- Exhibit A

Public Right-of-Way to be Used by Telecommunication Facilities (See Attachment D of Application Form)

-15- ExhibitB

Bond

-16- METRO Act Permit Application Form Revised April 6, 2012

Canton Charter Township, Wavne County, Michigan Name of Local Unit of Government

APPLICATION FOR ACCESS TO AND ONGOING USE OF PUBLIC WAYS BY TELECO~CATIONSPROVIDERS UNDER METROPOLITAN EXTENSION TELECOMMUNICATIONS RIGHTS-OF-WAY OVERSIGHT ACT 2002 PA48 MCL SECTIONS 484.3101 TO 484.3120

BY

Fiber Technologies Networks, L.L.C. ("APPLICANT")

Unfamiliar with METRO Act?--Assistance: Municipalities unfamiliar with Michigan Metropolitan Extension Telecommunications Rights-of-Way Oversight Act ("METRO Act") permits for telecommunications providers should seek assistance, such as by contacting the Telecommunications Division of the Michigan Public Service Commission at 517-241-6200 or via its web site at http://www.michigan.gov/mpsc/0,4639,7-159-16372 22707---,00.htrnL

45 Days to Act-Fines for Failure to Act: The METRO Act states that "A municipality shall approve or deny access under this section within 45 days from the date a provider files an application for a permit for access to a public right-of-way." MCL 484.3115(3). The Michigan Public Service Commission can impose fmes of up to $40,000 per day for violations of the METRO Act. It has imposed fines under the Michigan Telecommunications Act where it found providers or municipalities violated the statute.

Where to File: Applicants should file copies as follows [municipalities should adapt as appropriate-unless otherwise specified service should be as follows]:

-- Three (3) copies (one of which shall be marked and designated as the master copy) with the Clerk at [insert address].

Terry Bennett Township Clerk Canton Township 1150 Canton Center S. Canton, M148188 (734) 394-5120 Canton Charter Township, Wayne County, Michigan

Name oflocal unit of government

APPLICATION FOR ACCESS TO AND ONGOING USE OF PUBLIC WAYS BY TELECO~CATIONSPROV1DERS

By Fiber Technologies Networks, L.L.C. ("APPLICANT")

This is an application pursuant to Sections 5 and 6 of the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, 2002 PA 48 (the "METRO Act'~ for access to and ongoing usage of the public right-of-way, including public roadways, highways, streets, alleys, easements, and waterways ("Public Ways', in the Municipality for a telecommunications system. The METRO Act states that .~ municipality shall approve or deny access under this section within 45 days from the date a provider files an application for a permit for access to a public right-of-way." MCL 484.3115(3).

This application must be accompanied by a one-time application fee of $500, unless the applicant is exempt from this requirement under Section 5(3} of the METRO Act, MeL 484.3105(3}.

1. GENERAL INFORMATION:

1.1 Date: March 24, 2014

1.2 Applicant's legal name: Fiber Technologies Networks, L.L.C. Mailing Address: 300 Meridian Centre Rochester, New York 14618

Telephone Number: (";58':'5":)-;:6':"97::---".5-=-10"'0'--______Fax Number: ("'5""85"-.l)"'4C342""-"'8"'84""5'------:::c-______Corporate website: http://www.fibertech.com

Name and title of Applicant's local manager (and if different) contact person regarding this application: Judith Newkirk, Director of Regulatory Affairs & Compliance Fiber Technologies Networks, L.L.C. 300 Meridian Centre Rochester, New York 14618

2 Telephone Number: (",:58"::5'.l)~5-,<68""-,:"8,,,48,,,,5,- ______Fax Number: (,,,,58,,,,5~):-,:44~2::--=88,--,4,,,-5--:-______E-mail Address:[email protected]

1.3 Type of Entity: (Check one of the following)

Corporation General Partnership Limited Partnership X Limited Liability Company Individual Other, please describe: ______

1.4 Assumed name for doing business, if any: ______

1.5 Description of Entity:

1.5.1 Jurisdiction of incorporation/formation; Applicant, Fiber Technologies Networks, L.L.C., is a limited liability company, formed in the State of New York. A copy of the New York Department of State's certification, reflecting Applicant's status as a Limited Liability Company, is attached hereto as Attachment A.

1.5.2 Date of incorporation/formation; December 30,1998

1.5.3 If a subsidiary, name of ultimate parent company; Fibertech Holdings Corp.

1.5.4 Chairperson, President/CEO, Secretary and Treasurer (and equivalent officials for non-corporate entities).

CEO - John K. Purcell President & COO - Frank Chiaino VP & CFO - William J. Woodard VP General Counsel and Secretary - Charles B. Stockdale

1.6 Attach copies of Applicant's most recent annual report (with state ID number) filed with the Michigan Department of Licensing and Regulatory Affairs and certificate of good standing with the State of Michigan. For entities in existence for less than one year and for non­ corporate entities, provide equivalent information. See Attachment B.

1. 7 Is Applicant aware of any present or potential conflicts of interest between Applicant and Municipality? If yes, describe: ""N",o;.:..' ______

1.8 In the past three (3) years, has Applicant had a permit to install telecommunications facilities in the public right of way revoked by any Michigan municipality?

Circle: Yes No X

3 if 'yes, "please describe the circumstances.

1.9 In the past three (3) years, has an adverse finding been made or an adverse final action been taken by any Michigan court or administrative body against Applicant under any law or regulation related to the following:

1.9.1 A felony; or

1.9.2 A revocation or suspension of any authorization (including cable franchises) to provide telecommunications or video programming services?

Circle: Yes NoX

if 'yes," please attach a full description of the parties and matters involved, including an identification of the court or administrative body and any proceedings (by dates and file numbers, ifapplicable), and the disposition ofsuch proceedings.

1.10 [If Applicant has been granted and currently holds a license to provide basic local exchange service, no financial information needs to be supplied.] If publicly held, provide Applicant's most recent financial statements. If fmancial statements of a parent company of Applicant (or other affiliate of Applicant) are provided in lieu of those of Applicant, please explain.

1.10.1 If privately held, and if Municipality requests the information within 10 days of the date of this Application, the Applicant and the Municipality should make arrangements for the Municipality to review the financial statements.

ifno financial statements are provided, please explain and provide particulars. Applicant is privately held.

2. DESCRIPTION OF PROJECT:

2.1 Provide a copy of authorizations, if applicable, Applicant holds to provide telecommunications services in Municipality. If no authorizations are applicable, please explain. Fiber Technologies Networks, L.L.C. is tariffed and registered as a Competitive Access Provider in the State of Michigan. A copy ofthe ITSP Registry is attached (Attachment C).

2.2 Describe in plain English how Municipality should describe to the public the telecommunications services to be provided by Applicant and the telecommunications facilities to be installed by Applicant in the Public Ways.

Service Provider, Fiber Technologies Networks, L.L.C., will build and operate fiber optic networks in Canton Township initially for a wireless, anchor customer. These open­ access networks will be available for nse by other communications companies wishing to do

4 business in the municipality, and also by other entities desiring fiber-optic-based broadband connections.

2.3 Attach route maps showing the location (including whether overhead or underground) of Applicant's existing and proposed facilities in the public right-of-way. To the extent known, please identifY the side of the street on which the facilities will be located. (If construction approval is sought at this time, provide engineering drawings, if available, showing location and depth, if applicable, offacilities to be installed in the public right-of-way). Proposed network route maps are shown in Attachment D.

2.4 Please provide an anticipated or actual construction schedule. Construction is anticipated to begin 2nd or 3rd Quarter, 2014.

2.5 Please list all organizations and entities which will have any ownership interest in the facilities proposed to be installed in the Public Ways. None, other than Applicant and its present companies.

2.6 Who will be responsible for maintaining the facilities Applicant places in the Public Ways and how are they to be promptly contacted? If Applicant's facilities are to be installed on or in existing facilities in the Public Ways of existing public utilities or incumbent telecommunications providers, describe the facilities to be used, and provide verification of their consent to such usage by Applicant.

All facilities placed in the Public Right of Ways will be maintained by Applicant. Applicant may be contacted through its Network Operations Center (NOC). The NOC is open 2417, 365 days a year and can be contacted at 800-497-5578. Applicant intends to use existing utility poles and underground conduit to install its network facilities. The utility companies have requested that these agreements be kept confidential.

3. TELECOMMUNICATION PROVIDER ADMINISTRATIVE MATTERS:

Please provide the following or attach an appropriate exhibit.

3.1 Address of Applicant's nearest local office; 300 Meridian Centre, Rochester, New York 14618

3.2 Location of all records and engineering drawings, if not at local office; 300 Meridian Centre, Rochester, New York 14618

3.3 Names, titles, addresses, e-mail addresses and telephone numbers of contact person(s) for Applicant's engineer or engineers and their responsibilities for the telecommunications system;

5 Earl Ipsaro, VP Engineering, [email protected], 585-697-5103 Geno Baird, NOC Manager, [email protected], 585-568-8454 Tom Perrone, Director of Network Engineering & Planning, [email protected], 585-697-5170

3.4 Provide evidence of self-insurance or a certificate of insurance showing Applicant's insurance coverage, carrier and limits of liability for the following: A Certificate of Liability Insurance is included in Attachment E.

3.4.1 Worker's compensation;

3.4.2 Commercial general liability, including at least:

3.4.2.1 Combined overall limits;

3.4.2.2 Combined single limit for each occurrence of bodily injury;

3.4.2.3 Personal injury;

3.4.2.4 Property damage;

3.4.2.5 Blanket contractual liability for written contracts, products, and completed operations;

3.4.2.6 Independent contractor liability;

3.4.2.7 For any non-aerial installations, coverage for property damage from perils of explosives, collapse, or damage to underground utilities (known as XCD coverage);

3.4.2.8 Environmental contamination;

3.4.3 Automobile liability covering all owned, hired, and non-owned vehicles used by Applicant, its employee, or agents.

3.5 Names of all anticipated contractors and subcontractors involved in the construction, maintenance and operation of Applicant's facilities in the Public Ways. TBD

6 4. CERTIFICATION:

All the statements made in the application and attached exhibits are true and correct to the best ofmy knowledge and belief

NAME OF ENTITY ("APPLICANT")

Fiber Technologies Networks, L.L.C. By:a ... 4 Jj ~<&L Date Type or Print Name: Charles B. Stockdale

Vice President and General Counsel Title

S :\metroapplicationform.doc

7 Attachment A SecretarY of State (NY) Incorporation Documents . State of New York } ss: Department of State

I hereby certify, that FIBER SYSTEMS, LLC a NEW YORK Limited Liability Company filed Articles of Organization pursuant to the Limited Liability Company Law on 04/22/1998, and that the Limited Liability Company is existing so far as shown by the records of the Department.

A Certificate of Amendment FIBER SYSTEMS, LLC,. changing its name to FIBER TECHNOLOGIES NETWORKS, L.L. C., was filed 01/11/2001.

•••••••••••• •• * • ' 01' NE}»"·· .- ~..,.••• Anthony Giardina ". ril(I!"T'T' 0 • e Executive Deputy Secretary of State •• .L ~.- ••••••••••J..~

201311010181 * EZ

..,,~~:.;- ':': 1:>"'."':: .... i'.- ~ ""

,-.': " :,'" Attachment B

Michigan Department of Licensing and Regulatorv Affairs Filing Endorsement Michigan Department ofLicensing and Regulatory Affairs

Filing Endorsement

This is to certifythatthe APPUCATION FOR CERTIFICATE OFAUTHORITY for ' FIBER TECHNOLOGIES NETWORKS, L.LC.

ID NUMBER: D9251N

received by faosimile transmission on May 2, 2013 is hereby endmsed

Filed on May ~ 2013 by theAdministrator.

The document is effectiVe on the date filed. unless a subsequent effet:tive date within 90 days after received date is stated in the document.

In testimony lJI!hereof, I have hereunto setilly hand and afIbced the Seal oftire Department. in the Citv ofLansing. this 3RD day ofMay. 'Ma. . .

Alan J. Sr:hetke; ctor . Cotporations, Securities & Commercial Ucensing Bureau sent byFaosimile TransmissiOn 13123 ~"",.""".0Jle StOD %111 393516 _:!nasI! 1fmne. Fib"... ~el/lul

m. rlDCIlIIIlOnt .. olil!cIJvo an !he "eta lITed. unl... • ..~nt _ date WfIlI!n Sll d.,..,. m",rved "'" iUfaledfn II!e c!1IOlIl'l1GIIl

~ FiberTechn%gles NsIworkSAlln: Jennifer Healh Addla .. SOD Meridian Csnlre CiIY $!ala Z!pCGde Rochester. NY 14618 e:FECBIlEDATE! ~ Doo"",enlwllllrl! relDmedlOtilenamsandaddrese!lDu enlerabovGo 09 lfIaftbJank doDlIlIIsntwlnlle maR"" fa tlte reglsterad oIIlcs. Is I APPLICAnON FOR CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS IN MICHIGAN For Ilse by Fomign Limifed UabiIiIV CGmpanies (Please read infonnation and inslrugffOlls an lasl PiIlIe}

FU/IlUanf to tli9pIlJlliS10Rs ofAct 23, Pubfio AclB of 1993, f1i9lU1drnaigned Umilfild /lability company executes the fOllOwing /lppllaallon:

1, . The name Of the Dmiled fia~lli!y llOIII/Iany Is: Rber TeChn%gies Networks. L.LC.

2. (Complete fhis iiem enly if /he IimJIed HabiIiIV company name in item 1 is not aVaIlable for use In Mic1ligan.) The assumed name offile IImrfe~ fJaltility company to be used in aU iIs deaHngs wifh tlte Bureau and in the transagffcrR Of its business in lIIlichlgan Is:

3. Iti$Organjzedu"'lerflle/awsofl______..,;N..;.;IIW~\'i..:.or=k ______~ ThedeteofiIsOl!lanizllUOniSl ______4t_'22I_f_99_8 ______

The duration OflllelimitedliabUity company Ifclherfhan perpetual is

4. The adlfleSs of the office mtulmd tb bemail.llainedintheslaleOforganii

300 MeJidian Centre, RDch~. NY 14616 (""'COd.j

05/02/2013 2:29PM (GMT-O~:OO) "V • ..IT4..1 '·..JI J

5. a. The addresi atilt registered O1iI'c~ln Miohigan is: -;,~~3~~~OO~~~W~9M~~~R~~~d~~~:==ZW~~~m~h~~mn~~~a~~~s______.Wcffig~L __4_8_~_~~=O~ __ 1>-..) (.~ (iiP"""J

b. The mailing addl1!1§ ofihe n;giSIere(/ cffi~ If dllfellW !Iran above:

c. The name ol!hi! resident agent alfI!e reg!slered Oliice is: The CorpaiaIioJi Compall)l

6. TIts OepaJfmenfisappo1nfe1i IhEi ageniOfflle foreign lImif!d RabIDly com~yfarselVica ol'praiiess ifno agent lias been appointe!!, arilappointed, !lreagenrs allfllGl!lyflas been reVDkelf.lheagent has resfgn~. orlne agent aannotbe found arservedlltraugh the exemIe ofreasonab/$ cfrJigenoe.

TIle Dam,e and addressofa memberormanagerorolherpelSOn 10 whomlheadm!hisltalorls to send collies of SII)I PllIcesS sentell on !he adminishalor is: (Mustbll difforGntfhan llSeJ1fShown 'nlrem 5c) Charles Sluckdaill. Esi;. fila FiberTeelmolagJes Ne~rlCs, LLC.

300 Meridian CenIre. Rochester. NY 14618

7. The specific bllsmesswhiah!he rlllliteliliabilily compellY is to !!ansae! In MiChigan Is as fallaws: Wirefllle TI!Il!llOIIImuniaafion

. The limited lialJiJily IlOm/lllny is aUlhorized 10 lranllact suCh buSiness In the jutisdieHon of its qrganiZation.

SlgnedfI1fs 2..t daYof--.....Jrl\...... tUfr"t'i'--.~-. 2DI3

By Yd (2 0. It QQ. () J ' (Bl_ \4\ U.AJt.. J" 1,.';)Mdud V&'fJFD .

05/02/2013 2:29PM (GMT-O~:OO) Attachment C

Certificate of Authority from the Public Service Commission (PSC) -~"'u.a.~

Mic:lligan.gDV Hame MPSCHpme ea_MPSC Sitemap FAil

ITSP Company Contact I~fc!rmation

Glossa..,. Rqislen!dllllraSllle Telsl:llmmuniClliDR Services PmvidslII nresacaJ!ljl!1l1ssflamragfs!elBf wfllr lim MrcfITg!n: PllblfcSerufceCmrrmT!i&!!UI psrCDmmTssian OtusrlJ..1tIlDD.. Help search Fiber TechnDlogies NetwDrlls, LLC. MY Ac:coanl' 300 Meridian Centre , Rochester. NY 14618 Phone: 866-697-5100 Fax: 585-442..as45 Email: [email protected] CuslrmrerJkmiacl: Jurfilh New/cfrfc 300 Meridian Cenfre Rochester. NY 14618 Phone: 58&-698-8485 Fax: 585442-81145 Email: [email protected]

This company is tegistemd as: (HDvsrOllSrfllrDs.CJipliDn) COmpeliliveAccess PlDvider(CAP)'

Capyright@2Il0f-2Il1f Slate arMlchlgo"

ile.mpsc.s1ate.mi.us/itsplGompany.PJp?fid=16.1548752 812212013 Attachment D

Proposed Network Route Maps Attachment E

Certificate of Liability Insurance and Worker's Compensation DATE (MMIDOfYYYY) CERTIFICATE OF LIABILITY INSURANCE I 3/21/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: ff the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s}. PRODUCER ~2~~~~T James P Reagan Agency l-l':.ffi~g~N~Jo-E-rl-""-~1'i-; __-R;7-7~-.--20-QA4------ril'AI"'~'-NO-'I'-~·1 'i- __-R7~- __-112-21.---l 8 E Main Street ~E~.M~A1!lL~=.lli=~=;a------""""""'==Q.L.,>=..!..u.L---1 POBox 191 I-'A"'O"'ORES"""S"" ______-, ___ --1 Marcellus NY 13108 INSURERfS} AFFORDING COVERAGE NAIC# INSURERA,ThA ,lnnAmnitv r.n INSURED FIBENET INSURER B :H::mnver Insurance Comnanies b??92 Fibertech Holdings Corp: INSuRERc,N.vin.tors Ins Co INIU\ ~?~07 300 Meridian Centre, Ste. 200 INSURER 0 : Rochester NY 14618 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

1\.;'6fc~T~g v~OMT~~~~~~~G ANyl R~~~IREMENT, ~~::b",." c"6'~g~;~"ci'F ":~~ ~'i,""u~6~ ~~"O~HER D~~~~~TA~;,.f ;~;P~~~ ~gL~I;~~~ CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. P.J~~~;.;NE~;LIU~:~,uErr~'~~~Y~IY~~~~~~~~~~------"UM-1~-$11.,0-00)-.000--~ rx- OFNFR' "ARI"TV ~\ $1.000,000 C;-~ CLAIMS·MADE ~ OCCUR MEDEXP(Aovo",,~"") $10.000 ~ Contraclu.' . & ADV INJURY <1 nnn.nnn E- prim/non-contrib I GENERAL !~.? nnn rlnn OFN', I '"!"'.":S PER, " nnn nno :-jPOLICY [Xl e.W-i .. iXl- LOC ' "B,-t§~~~L~;,B~,L~lrr~~~~--jvy_1y-~M;~ru;DcI------~rTi20'~0""'3--~n~1~0D14'4---t~ ,nnnnnn ~ ANY AUTO BODILY 'p,~o,) $ ALL OWNED r- SCHEOULED BODILY INJURY (P".oo''''') , -::-- AUTOS tv- ~g~'?gWNED S ~~-~~~ , -Dmg $50,000 B UMBRELLA LIAB U OCCUR Y UHSA01696000 f/1l2013 , EACH, OFNCF '?',nnn.nno r-- EXCESS LIAS 'I

Excess Liability 1.5;15 nnn nnn ace. $15,000,000 aggr. Rented/Leased Equip Ded. $5,000 Pollution Liability 263396 ,ouu Ded. $5,000

~ OF I I ,I Remarks Schedule, Ifmorespace is required) I;r~~ ~':." '~";,n.m·;;,~:n; .:u~:.~~"' ,$500~( ,~M~;II~~';.' Technologies Networks LLC, Fiber Technologies New York Networks, Inc.lAuto I i.~;~:ed andWaiveroi~' i I are - ;if~~~:if required by contract IU ,0. ,L ~E.':!~~: ,ar; on a prima-ry I IL , is on a primary & non-contributory basis & includes completed operations I ,,, on e"""1 IU ) written v. Ins. Co. eff.7-1-13 to 7-1-14 Limit $500,000 with a $5,000 Ded. g-~~~t is listed as additional insured

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Canton Township ACCORDANCE WITH THE POLICY PROVISIONS. 1150 S. Canton Center Road Canton MI 48188 AUTHORIZED REPRESENTATIVE ~~ I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD STATE OF NEW YORK WORKERS' COMPENSAnON BOARD CERTIFICATE OF NYS WORKERS' COMPENSATION INSURANCE COVERAGE

la, Legal Name & Address ofInsured (Use street address only) Ib, Business Telephoue Number of Insured Fibertech Holdings Corp.* 866-697-5100 300 Meridian Centre, Ste. 200 Rochester NY 14618 Ie, NYS Unemployment Insurance Employer Registration Number of Insured 05-45127

Work Location of Insnred (Only required ifcoverage is specificaUy Id, Federal Employer Identification Number ofInsured limited to certain locations in New York State, i.e., a Wrap-Up or Social Security Number Policy) 161574613

2, Name and Address of the Entity Requesting Proof of 3a. Name of Insurance Carrier Coverage (Entity Being Listed as the Certificate Holder) Hanover Insurance Companies Canton Township 1150 S. Canton Center Road 3b, Policy Number of entity listed in box "Ia" Canton MI 48188 W2SA01444300 3c, Policy effective period

____~7~/=lL/2~0~1~3~ __ to 7/1/2014

3d, The Proprietor, Partners or Executive Officers are x included. (Only check box if all partners/officers included) all excluded or certain parinersiofficers excluded,

This certifies that the insurance carrier indicated above in box '"3 It insures the business referenced above in box" 1a" for workers' compensation under the New York State Workers' Compensation Law. (1'0 use this form, New York (NY) must be listed nnder Item 3A on the INFORMATION PAGE of the workers' compensation insurance policy). The Insurance Carrier orils licensed agent will send this Certificate ofInsnrance to the entity listed above as the certificate holder in box "2".

The Insurance Carrier will also notiJY the above certificate holder within 10 days IF a policy is canceled due to nonpayment ofpremiums or within 30 days IF there are reasons other than nonpayment a/premiums that cancel the policy or eliminate the insuredfrom the coverage indicated on this Certificate. (These notices may be sent by regular mail.) Otherwise, this Certificate is valid for one year afier this form is approved by the insurance ca"ier or its licensed agent, or until thepolicy expiration date listed in box "3c", whichever is earlier.

Please Note: Upon the cancellation ofthe workers' compensation policy indicated on this form, iftbe business continues to be named on a permit, license or contract issued by a certificate holder, tbe business must provide that certificate holder with a new Certificate of Workers' Compensation Coverage or other authorized proof that tbe business is complying with the mandatory coverage requirements of the New York State Workers' Compensation Law.

Under penalty of perjury, I certify that I am an authorized representative or licensed agent of the insurance carrier referenced above and that the named insured has the coverage as depicted on this form.

Approved by: __~E~d~w~a=r~d~J~.~R~e=a~g~a=n~~~~~ __~ __~ ______~~ ______(print name of authorized representative or licensed agent of insurancecarrier)

Approved by: ~<;~L~ __~q ~ ~C' '-______~3~/~271~/~2~01~4~----- '/' (Date)

Title: Vice President, James P. Reagan Agency, Inc.

Telephone Number of authorized representative or licensed agent of insurance carrier: 315 - 673 - 2 094 Please Note: Only insurance carriers and their licensed agents are authorized to issue Fonn C-J 05.2. Insurance brokers are NOT authorized to issue it.

C-lOS.2 (9·07) www.wcb.state.ny.us Workers' Compensation Law

Section 57. Restriction on issue of permits and the entering into contracts unless compensation is secured.

I. The head of a state or municipal depa_ent, board, commission or office authorized or required by law to issue any permit for or in connection with any work involving the employment of employees in a hazardous employment defined by this chapter, and notwithstanding any general or special statute requiting or authorizing the issue of such permits, shall not issue such pennit unless proof duly subscribed by an insnrance cartier is produced in a form satisfilctory to the chair, that compensation for all employees has been secured as provided by this chapter. Nothing herein, however, shall be constroed as creating any liability on the part of such state or municipal dep~ent, board, commission or office to pay any compensation to any such employee if so employed.

2. The head ofa state or municipal dep~ent, board, commission or office authorized or required by law to enter into any contract for or in connection with any work involving the employment of employees in a hazardous employment defined by this chapter, notwithstanding any general or special statute requiting or authorizing any such contract, shall not enter into any such contract unless proof duly subscribed by an insurance cartier is produced in a form satisfactory to the chair,that compensation for all employees has been secured as provided by this chapter.

C-I 05.2 (9-07) Reverse THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NEW YORK TECHNOLOGY GENERAL LIABILITY BROADENING ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SUMMARY OF COVERAGES 1. ~dditionallnsured by contract, Agreement or Permit Included 2. ~dditionallnsured - Broad Form Vendors Included 3. !ll-dditionallnsured - "Employee" and "Volunteer Worker" Broadened "Bodily Injury" Included "overage 4. Aggregate Limit per "Location" Included 5. Alienated Premises Included 6. Aircraft - Nonowned Hired, Chartered or Loaned with Paid Crew Included 7. Blanket Waiver of Subrogation Included 8. 'Bodily Injury" Redefined Included 9. Broad Form "Property Damage" - Borrowed Equipment, Customers Goods & Included Use of Elevators 10. Damage to your Product $50,000 11. Expected or Intended Injury Coverage For "Property Damage" Included 12. Incidental Malpractice (Employed nurses, EMT's & paramedics) Included 13. Knowledge of "Occurrence" Included 14. Liberalization Clause Included 15. Medical Payments - Increased Limit $10,000 16. Newly Acquired or Formed Organizations - Covered until end of policy period Included 17. Non-owned Watercraft 51 ft. 18. Personal Injury - Enhancements Included 19. "Product Recall Expense" Each "Occurrence" Limit $25,000 Aggregate Limit $50,000 20. 'Property Damage" Legal Liability (Fire, Lighting, ExploSion, Smoke or Leakage Damage) $1,000,000 121. Supplementary Payments Increased Limits Bail Bonds $2,500 Loss of Earnings $1,000 22. Unintentional Failure to Disclose Hazards Included ~3. Unintentional Failure to Notify Included This endorsement amends coverages provided under the Commercial General Liability Coverage Form through new coverages, higher limits and/or broader coverage grants. Except as modified in this endorsement, all other terms and conditions of the policy to which this endorsement is attached will apply.

1. Additional Insured by Contract, Agreement or Permit a. ''Your work" for the additional insured(s) SECTION" - WHO IS AN INSURED is amended to include as an additional insured any person or organization with whom you agreed in a written contract, agreement or permit to provide insurance Page 1 of8 is an additional insured but only with respect to:

421-10760512 Includes copyrighted material of Insurance Services Office, Inc., with it permission designated in the contract, agreement or permit; 2. Additional Insured - Broad Form Vendors b. Premises you own, rent, lease or occupy; or The following is added to SECTION II - WHO IS c. Your maintenance, operation or use of AN INSURED: equipment leased to you. Any person or organization with whom you This insurance applies on a primary basis if that is agreed, because of a written contract or written required by the written contract, written agreement agreement to provide insurance, but only with or permit. respect to "bodily injury" or "property damage" This provision does not apply: arising out of "your products" which are distributed or sold in the regular course of the vendor's d. Unless the written contract or written business, subject to the following additional agreement has been executed or permit has exclusions: been issued prior to the "bodily injury", "property damage", "personal and advertising The insurance afforded the vendor does not apply injury". to: e. To any person or organization included as an a. "Bodily injury" or "property damage" for which additional insured by an endorsement issued the vendor is obligated to pay damages by by us and made part of this Coverage Part. reasons of the assumption of liability in a contract or agreement. This exclusion does f. To any person or organization included as an not apply to liability for damages that the insured under Paragraph 2. of this insured would have in the absence of the endorsement. contract or agreement; g. To any lessor of equipment: b. Any express warranty unauthorized by you; (1) After the equipment lease expires; or c. Any physical or chemical change in the (2) If the "bodily injury", "property damage", product made intentionally by the vendor; "personal and advertising injury" arises out d. Repackaging, unless unpacked solely for the of sole negligence of the lessor. purpose of inspection, demonstration, testing, h. To any: or the substitution of parts under instruction (1) Owners or other interests from whom land from the manufacturer, and then repackaged has been leased which takes place after in the original container; the lease for the land expires; or e. Any failure to make such inspection, (2) Managers or lessors of premises if: adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to (a) The "occurrence" takes place after make in the usual course of business in you cease to be a tenant in that connection with the sale of the product; premises; or f. Demonstration, installation, servicing or repair (b) The "bodily injury", "property operations, except such operations performed damage", "personal and advertising at the vendor's premises in connection with injury" arises out of structural the sale of the product; or alterations, new construction or Products which, after distribution or sale by demolition operations performed by or g. on behalf of the manager or lessor. you, have been labeled or relabeled or used as a container, part or ingredient of any thing i. To "bodily injury", "property damage" or or substance by or for the vendor. "personal and advertising injury" arising out of This insurance does not apply to any insured the rendering of or the failure to render any person or organization, from whom you have professional services. acquired such products, or any ingredient, part or j. To any person or organization excluded as an container, entering into, accompanying or additional insured by an endorsement issued containing such products. by us and made part of this Coverage Part Additional insured coverage will not be provided Additional insured coverage provided by this by this provision if an insured is otherwise provision will not be broader than coverage excluded in this policy. provided to any other insured. All other insuring agreements, exclusions, and conditions of this policy apply. Page 2 of8

421-107605 12 Includes copyrighted material of Insurance Services Office, Inc., with it permission be covered under this proVision, whether the other Additional insured coverage provided by this insurance is primary, excess, contingent or on any provision will not be broader than coverage other basis. In that case, this provision does not provided to any other insured. All other insuring provide any insurance. agreements, exclusions, and conditions of this 7. Blanket Waiver of Subrogation policy apply. We will waive our right to recover damages for 3. Additional Insured "Employee" and "bodily injury", "property damage" or "personal and "Volunteer Worker" Broadened "Bodily Injury" advertising injury" from another person or entity, Coverage provided you have waived your rights to recover The following is added to SECTION II - WHO IS damages against such person or entity in a written AN INSURED, Paragraph 2.a.(1): contract or agreement executed before the "occurrence" or offense. Your "employees" and "volunteer workers" are insured for "bodily injury" that nesults from the In all other circumstances, you agree to assign to providing of or failure to provide first aid by an us your rights of recovery against any other party "employee" or "volunteer worker", other than a for any damages we have paid on your behalf. licensed medical provider. You will do everything necessary to preserve our rights and will do nothing to impair them. At our 4. Aggregate Limit Per "Location" request, you will bring "suif' or transfer those a. SECTION III - LIMITS OF INSURANCE, the rights to us and help us enforce them. General Aggregate Limit applies separately to 8. "Bodily Injury" Redefined each of your "locations" owned by or rented to SECTION V - DEFINITIONS, Paragraph 3. you. "Bodily Injury" is neplaced by the following: b. The following definition is added to SECTION "Bodily injury" means "bodily injury", sickness or V - DEFINmONS: disease sustained by a person. This includes "Location" means premises involving the mental anguish, mental injury, shock, fright or same or connecting lots, or premises whose death resulting from "bodily injury", sickness or connection is interrupted only by a stree~ disease. roadway, waterway or right-of-way of a 9. Broad Form "Property Damage" - Borrowed railroad. Equipment, Customers Goods, Use of 5. Alienated Premises Elevators SECTION I - COVERAGES, COVERAGE A a. SECTION I - COVERAGES, COVERAGE A BODIL.Y INJURY AND PROPERTY DAMAGE BODILY INJURY AND PROPERTY LIABILITY, Paragraph 2. Exclusions, item j.(2) is DAMAGE LIABILITY, Paragraph 2. replaced by the following: Exclusions, item j. is amended as follows: j.(2) Premises you sell, give away or abandon, if Paragraph (4) does not apply to "property the "property damage" arises out of any part damage" to borrowed eqUipment while at a of those premises and occurred from jobsite and not being used to perform hazands that were known by you, or should operations. have reasonably been known by you, at the Paragraphs (3), (4) and (6) do not apply to time the property was transferred or "property damage" to "customer's goods" abandoned. while on your premises nor do they apply to 6. Aircraft - Nonowned Hired, Chartered or the use of elevators at premises you own, Loaned with Paid Crew rent, lease or occupy. The following is added to SECTION I - b. The following definition is added to SECTION COVERAGES, COVERAGE A BODILY INJURY V - DEFINITIONS: AND PROPERTY DAMAGE LIABILITY, "Customer's goods" means property of your Paragraph 2. Exclusions, item g.: customer on your premises for the purpose of This exclusion does not apply to: being: An aircraft you do not own that is hired, chartered (1) Worked on; or or loaned with a paid crew. This exception does not apply if the insured has any other valid and collectible insurance for "bodily injury" or "property damage" liability that would Page 3 of 8 also

421-107605 12 Includes copyrighted material of Insurance Services Office, Inc., with it permission CONDITIONS, Paragraph 2. Duties in the Event (2) Used in your manufacturing process. of "Occurrence", Offense, Claim or "Suit: c. The insurance afforded under this provision is Notice of an "occurrence", offense, claim or "suit" excess over any other valid and collectible will be considered knowledge of the insured if property insurance (including deductible) reported to an individual named insured, partner, available to the insured whether primary, "executive officer" or an "employee" designated by excess, contingent or on any other basis. you to give us such a notice. 10. Damage to Your Product 14. Liberalization Clause SECTION I - COVERAGES, COVERAGE A The following is added to SECTION IV - BODILY INJURY AND PROPERTY DAMAGE COMMERCIAL GENERAL LIABILITY LIABILITY, Paragraph 2. Exclusions, item k. CONDITIONS: Damage to Your Product is replaced by the Liberalization Clause following: If we adopt any revision that would broaden the "Property damage" to "your product" if caused by coverage under this Coverage Form without any of the following: additional premium, within 45 days prior to or (1) Delay in, or failure to begin, complete or during the policy period, the broadened coverage deliver, "your product"; will immediately apply to this Coverage Part. (2) Loss of market; 15. Medical Payments - Increased Limits (3) Any fraudulent, malicious, criminal or a. SECTION I - COVERAGES, COVERAGE C intentional act committed by an insured or with MEDICAL PAYMENTS, Paragraph 1.a.(3)(b) an insured's consent or knowiedge; or is replaced by the following: (4) Wear or tear, or gradual deterioration. (b) The expenses are incurred and reported to us within three years of the date of the Subject to the Products Completed Operations accident. Failure to give notice to us as Aggregate Limil, the Damage to ''Your Product" required under this policy shall not Limit shown in the Schedule above is the most invalidate any "claim" made by "you", an that we will pay because of all property damage to injured person or any other claimant, "your product" arising out of anyone occurrence. unless the failure to provide such timely Coverage provided by this section is subject to the notice has prejudiced us. However, no Retention stated in the Declarations, and is "claim" made by "you", an injured person subject to all other policy terms and conditions. or other claimant will be invalidated if it 11. Extended "Property Damage" shall be shown not to have been reasonably possible to give such timely SECTION I - COVERAGES, COVERAGE A notice and that notice was given as soon BODILY INJURY AND PROPERTY DAMAGE as was reasonably possible thereafter; LIABILITY, Paragraph 2. Exclusions, item a. is and replaced by the following: b. SECTION III - LIMITS OF INSURANCE, "Bodily injury" or "property damage" expected or Paragraph 7. is replaced by the following: intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or 7. Subject to 5. above, the higher of: "property damage" resulting from the use of a. $10,000; or reasonable force to protect persons or property. b. The amount shown in the 12. Incidental Malpractice - Employed Nurses, Declarations for Medical Expense EMT's and Paramedics Limit is the most we will pay under SECTION II - WHO IS AN INSURED, Paragraph COVERAGE C for all medical 2.a.(1 led) does not apply to a nurse, emergency expenses because of "bodily injury" medical technician or paramedic employed by you sustained by one person. if you are not engaged in the business or c. This coverage does not apply if COVERAGE occupation of providing medical, paramedical, C is excluded either by the provisions of the surgical, dental, x-ray or nursing services. Coverage Part or by endorsement. 13. Knowledge of "Occurrence" The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY Page 4 of 8

421-10760512 Includes copyrighted material of Insurance Services Office, Inc., with it permission 16. Newly Acquired Or Formed Organizations (2) ''Your work"; or SECTION II - WHO IS AN INSURED, Paragraph (3) "Impaired property", 3.a. is replaced by the following: if such product, work, or property is a. Coverage under this provision is afforded until withdrawn or recalled from the market or the end of the policy period. from use by any person or organization 17. Non-Owned Watercraft because of a known or suspected defect, deficiency, inadequacy or dangerous SECTION I - COVERAGES, COVERAGE A condition in it, but this exclusion does not BODILY INJURY AND PROPERTY DAMAGE apply to "product recall expenses" that LIABILITY, Paragraph 2. Exclusions, item g.(2) you incur for the "covered recall" of "your is replaced by the following: product". The exception to the exclusion (2) A watercraft you do not own that is: does not apply to "product recall expenses" resulting from: (a) Less than 51 feet long; and (4) Failure of any products to accomplish (b) Not being used to carry persons or their intended purpose; property for a charge; (5) Breach of warranties of fitness, This provision applies to any person who, with quality, durability or performance; your consent, either uses or is responsible for the use of a watercraft. (6) Loss of customer approval, or any cost incurred to regain customer 18. Personal Injury - Enhancements approval; a. SECTION I - COVERAGES, COVERAGE B (7) Redistribution or replacement of "your PERSONAL AND ADVERTISING INJURY product" which has been recalled by LIABILITY, Paragraph 2. Exclusions, item e. like products or substitutes; is deleted in its entirety. (8) A condition likely to cause loss of b. SECTION V - DEFINITIONS, Paragraph 14. which any insured knew or had "Personal and Advertising Injury", item b. is reason to know at the inception of this replaced by the following: insurance; b. Malicious prosecution or abuse of legal (9) Asbestos, including loss, damage or process. clean up resulting from asbestos or 19. "Product Recall Expense" asbestos containing materials; or a. The following is added to SECTION I - (10)Recall of "your products" that have no COVERAGES, COVERAGE A BODILY known or suspected defect solely INJURY AND PROPERTY DAMAGE because a known or suspected defect LIABILITY, Paragraph 1. Insuring in another of "your products" has been Agreement: found. We will reimburse you for "product recall c. The following is added to SECTION II - WHO expenses" incurred by you because of a IS AN INSURED, Paragraph 3: "covered recall" to which this insurance COVERAGE A does not apply to "product applies. recall expense" arising out of any withdrawal b. SECTION I - COVERAGES, COVERAGE A or recall that occurred before you acquired or BODILY INJURY AND PROPERTY formed the organization. DAMAGE LIABILITY, Paragraph 2. d. The following is added to SECTION III - Exclusions, item n. is replaced by the LIMITS OF INSURANCE: following: For "product recall expenses", the Limits of n. Recall of Products, Work or "Impaired Insurance and rules stated below fix the most Property" we will pay under this coverage part. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: Page 5 of 8 (1) ''Your product";

421-10760512 Includes copyrighted material of Insurance Services Office, Inc., with it permission product" must be withdrawn or recalled. 1. The Aggregate Limit is the most we will Include a description of "your product" and reimburse you for the sum of all "product the reason for the withdrawal or recall; recall expenses" incurred for all "product and recall expenses" initiated during the policy b. Cease any further release, shipment, period. consignment or any other method of 2. The Each "Occurrence" Limit shown in the distribution of like or similar products until Summary of Coverages Declaration is the it has been determined that all such most we will pay in connection with any products are free from defects that could one defect or deficiency. be a cause of loss under this insurance. a. All "product recall expenses" in Failure to give notice to us as required under connection with substantially the same this policy shall not invalidate any "claim" general harmful condition will be made by "you" unless the failure to provide deemed to arise out of the same such timely notice has prejudiced us. defect or deficiency and considered However, no "claim" made by "you" will be one "occurrence". invalidated if it shall be shown not to have been reasonably possible to give such timely b. Any amount reimbursed for "product notice and that notice was given as soon as recall expenses" in connection with was reasonably possible thereafter. anyone "occurrence" will reduce the amount of the Aggregate Limit f. The following definitions are added to available for reimbursement of SECTION V - DEFINITIONS: "product recall expenses" in "Covered recall" means a recall made connection with any other defect or necessary because you or a government body deficiency. has determined that a known or suspected c. If the Aggregate Limit has been defect, deficiency, inadequacy, or dangerous reduced by reimbursement of "product condition in "your product" has resulted or will recall expenses" to an amount that is result in "bodily injury" or "property damage". less than the Each "Occurrence" Limit, "Product recall expense" means necessary the remaining Aggregate Limit is the and reasonable expenses for: most that will be available for (1) com,munications, including radio or reimbursement of "product recall television announcements or printed expenses" in connection with any "advertisements" including stationery, other defect or deficiency. envelopes and postage; The Limits of Insurance of "Product Recall (2) Shipping the recalled products from any Expense" apply separately to each purChaser, distributor or user to the place consecutive annual period. However, if an or places designated by you; alternative notice or a late conditional renewal notice results in an extension of (3) Remuneration paid to your regular this endorsement beyond the expiration "employees" for necessary overtime; date of the policy, the applicable limit of (4) Hiring additional persons, other than your the expiring policy shall be increased in regular "employees"; proportion to the policy extension. (5) Expenses incurred by "employees" 3. A Deductible of $500 applies for Each including transportation and "Occurrence)'. accommodations; e. The following is added to SECTION IV - (6) Expenses to rent additional warehouse or COMMERCIAL GENERAL LIABILITY storage space; CONDITIONS, Paragraph 2. Duties in the (7) Disposal of "your producf', but only to the Event of "Occurrence", Offense, Claim or extent that specific methods of destruction "Suit"; other than those employed for trash You must see to it that the following are done discarding or disposal are required to in the event of an actual or antiCipated "covered recall" that may result in "product recall expense": a. Give us notice as soon as practicable of any discovery or notification that "your Page 6 of8

421-10760512 Includes copyrighted material of Insurance Services Office, Inc., with it permission avoid "bodily injury" or "property damage" permission of the owner; or as a result of such disposal, e. SECTION V - DEFINITIONS, Paragraph 9. you incur exclusively for the purpose of "Insured contract", item a. is replaced by the recalling "your product". following: 20. "Property Damage" Legal Liability (Fire, a. A contract for a lease of premises. Lightning, Explosion, Smoke or Leakage from However, that portion of the contract for a Fire Protective Systems Damage) lease of premises that indemnifies any a. The word fire is changed to fire, lightning, person or organization for damage by fire, explosion, smoke and leakage from fire lightning, explosion, smoke or leakage protective systems where it appears in the from fire protective systems to premises Limits of Insurance section of the Declarations while rented to you or temporarily for the Commercial General Liability Coverage occupied by you with permission of the Part. owner is not an l1insured contract". b. SECTION I - COVERAGES, COVERAGE A f. This coverage does not apply if Fire Damage BODILY INJURY AND PROPERTY Legal Liability of COVERAGE A is excluded DAMAGE LIABILITY, the last paragraph either by the provisions of the Coverage Part (after the exclusions) is replaced by the or by endorsement. following: 21. Supplementary Payments Increased Limits Exclusions c. through n. do not apply to SECTION I - COVERAGES, SUPPLEMENTARY damage by fire, lightning, explosion, smoke or PAYMENTS - COVERAGES A AND B, leakage from fire protective systems to Paragraphs 1.b. and i.d. are replaced by the premises while rented to you or temporarily following: occupied by you with the permission of the 1.b. Up to $2,500 for cost of bail bonds required owner. A separate limit of insurance applies to because of accidents or traffic law violations this coverage as described in SECTION III - arising out of the use of any vehicle to which LIMITS OF INSURANCE. This limit will apply the Bodily Injury Liability Coverage applies. to all damage proximately caused by the same We do not have to furnish these bonds. event, whether such damage results from fire, lightning, explosion, smoke or leakage from 1.d.AII reasonable expenses incurred by the fire protective systems or any combination of insured at our request to assist us in the the five. investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 c. SECTION III - LIMITS OF INSURANCE, a day because oftime off from work. Paragraph 6. is replaced by the following: 22. Unintentional Failure to Disclose Hazards 6. Subject to Paragraph 5. above, the most we will pay is the higher of: The following is added to SECTION IV COMMERCIAL GENERAL LIABILITY a. $1,000,000; or CONDITIONS, Paragraph 6. Representations: b. The Fire, Lightning, Explosion, Smoke We will not disclaim coverage under this Coverage or Leakage from Fire Protective Part if you fail to disclose all hazards existing as of Systems Damage Limit shown in the the inception date of the policy provided such Declarations is the most we will pay failure is not intentional. under COVERAGE A for damages because of "property damage" from 23. Unintentional Failure to Notify fire, lightning, explosion, smoke and The following is added to SECTION IV - leakage from fire protective systems COMMERCIAL GENERAL LIABILITY to premises, while rented to you or CONDITIONS, Paragraph 2. Duties in the Event temporarily occupied by you with of "Occurrence", Offense, Claim or "Suit: permission of the owner. Your rights afforded under this policy shall not be d. SECTION IV - COMMERCIAL GENERAL prejudiced if you fail to give us notice of an LIABILITY CONDITIONS, Paragraph 4. Other "occurrence", offense, claim or "suit", solely due to Insurance, item b.(1 )(a)(ii) is replaced by the following: (ii) That is fire, lightning, explosion, smoke or leakage from fire protective systems Page 7 of 8 insurance for premises rented to you or temporarily occupied by you with

421-10760512 Includes copyrighted material of Insurance Services Office, Inc., with it permission your reasonable belief that the "bodily injury" or "property damage" is not covered under this policy. Failure to give notice to us as required under this policy shall not invalidate any "claim" made by "you", an injured person or any other claimant, unless the failure to provide such timely notice has prejudiced us. However, no "claim" made by "you", an injured person or other claimant will be invalidated if it shall be shown not to have been reasonably possible to give such timely notice and that notice was given as soon as was reasonably possible thereafter. 24. Maintenance of Direct Action Against Us The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: With respect to a claim ariSing out of death or personal injury, if we disclaim liability or coverage based on failure to provide timely notice, then the injured person or other claimant may maintain an action directly against us, in which the sale question is the disclaimer or denial based on the failure to provide timely notice, unless within 60 days following such disclaimer or denial unless either the insured or we file a Declaratory Judgment action and names the injured person or other claimant as a party to the action.

Page 8 of 8

421-10760512 Includes copyrighted material of Insurance Services Office, Inc., with it permission POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 07 04

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s) Or Organization{s): Location And Description Of Completed Operations

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section " - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam­ age" caused, in whole or in part, by "your work" at the location designated and described in the sched­ ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard".

CG 20 37 0704 © ISO Properties, Inc., 2004 Page 1 of 1 [J THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO COVERAGE BROADENING ENDORSEMENT-NEW YORK

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

1. CANCELLATION EXTENSION voting stock or otherwise have a controlling interest after the effective date Paragraph A. CANCELLATION 2. b. of the of this policy or that is newly acquired or COMMON POLICY CONDITIONS is formed by you during the term of this replaced with the following: policy. b. 60 days before the effective date of cancellation if we cancel for any The coverage provided by this other reason. provision is afforded until expiration or termination of this policy, SECTION I - COVERED AUTOS whichever occurs earlier.

2. EMPLOYEE HIRED "AUTOS" The coverage provided by this Description Of Covered Auto provision does not apply to any DeSignation Symbols; Symbol 8 is business entity described in d. above replaced by the following: that qualifies as an insured under any other automobile liability policy 8 =Hired "Autos" Only - Only those ""autos"" issued to that business entity as a you lease, hire, rent or borrow; including named insured or would have been "autos" your employee hires at your direction, an insured except for the exhaustion for the purpose of conducting your business. of the policy limits or the insolvency This does not include any "auto" you lease, of the insurer. hire, rent, or borrow from any of your "employees" or partners or members of their The coverage provided by this households. provision does not apply to "bodily injury" nor "property damage" arising from an accident that occurred prior SECTION 11- LIABILITY COVERAGE 3. to your acquiring or forming the business entity described in d. BROADENED NAMED INSURED above. The following is added to the SECTION II - LIABILITY COVERAGE, Paragraph 1. Who Is An Insured provision: d. Any business entity for which you have a financial interest greater than 50% of the

Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyrighted, Insurance Services Office, Inc., 1996 461-0157 (05/07) 4. EMPL.OYEES AS INSUREDS SECTION III - PHYSICAL. DAMAGE COVERAGE The following is added to the SECTION II - L.IABIL.ITY COVERAGE, Paragraph A 1. 7. EXPENSE OF RETURNING A STOL.EN Who "AUTO" and SIGN Is An Insured provision: COVERAGE

e. Any employee of yours is an The following is added to SECTION III - "insured" while using a covered PHYSICAL. DAMAGE COVERAGE, A,1, "auto" you do not own, hire or COVERAGE: borrow in your business or your personal affairs. d. Expense Of Returning A Stolen '~Auto" 5. SUPPL.EMENTARY PAYMENTS We will pay for the expense of The following amends SECTION 11- returning a covered "auto" to you. L.IABIL.ITY COVERAGE, Paragraph A2. Coverage Extensions provision: e. Sign Coverage

Paragraph (2) is replaced by the following: We will pay for loss to signs, murals, (2) Up to $2,500 for cost of bail bonds paintings or graphics, as part of (including bonds for related traffic equipment, which are displayed on a law violations) required because of covered "auto." an "accidenf' we cover. We do not have to furnish these bonds. The most we will pay for "loss" in any one "accidenf' is the lesser of: Paragraph (4) is replaced by the following: (4) All reasonable expenses incurred by 1. The actual cash value of the the "insured" at our request, property as of the time of the including actual loss of earnings up 111055"; or to $500 a day because of time off 2. The cost of repairing or replacing from work. the damaged or stolen property with other property of like kind 6. AMENDED FEL.L.OW EMPL.OYEE and quality; or EXCL.USION 3. $2,000.

The following is added to the SECTION II - 8. GL.ASS BREAKAGE DEDUCTIBL.E L.IABIL.lTY COVERAGE, B. Exclusions Paragraph 5. Fellow Employee exclusion: The following is added to SECTION III - PHYSICAL. DAMAGE COVERAGE, A. This exclusion does not apply if the" bodily COVERAGE paragraph 3. Glass Breakage injury" arises from the use of a covered - Hitting A Bird Or Animal - Falling "auto" you own or hire. This coverage is Objects Or Missiles: excess over any other collectible insurance. Any deductible shown in the Declarations as applicable to the

Includes copyrighted material of Insurance Services Office, Inc. with its permission. 2 Copyrighted, Insurance Services Office, Inc., 1996 461-0157 (OSI07) covered "auto" will not apply to glass breakage if such glass is repaired, rather purpose of conducting your than replaced. business, for a period of 30 days or less, of like kind and use as the 9. TRANSPORTATION EXPENSE "autos" you own, subject to the following: Paragraph 4. Coverage Extension. of SECTION III - PHYSICAL DAMAGE The most we will pay for anyone COVERAGE, A. COVERAGE is replaced loss is the lesser of the following: with the following: a. $50,000 per accident, or 4. Coverage Extension b. cash value, or c. the cost of repair, We will pay up to $50 per day to a maximum of $1,500 for temporary minus the deductible equal to the transportation expense incurred by lowest deductible applicable to any you because of the total theft of a owned "auto" for that coverage. Any covered "auto" of the private deductible shown in the Declarations passenger type. We will pay only for does not apply to "loss" caused by those covered "autos" for which you fire or lightning. Subject to the limit carry either Comprehensive or and deductible slated above, we will Specified Causes of Loss Coverage. provide coverage equal to the We will pay for temporary broadest coverage provided to any transportation expenses incurred covered "auto" you own, that is during the period beginning 24 hours applicable to the loss. after the theft and ending, regardless oflhe policy's expiration, If the loss arises from an accident for when the covered "auto" is returned which you are legally liable and the to use or we pay for its "loss." lessor incurs an actual financial loss from that accident, we will cover the 1O. HIRED AUTO PHYSICAL DAMAGE lessor's actual financial loss of use of the hired "auto" for a period of up to The following is added to SECTION III - seven consecutive days from the PHYSICAL DAMAGE COVERAGE, A. date of the accident, subject to a limit COVERAGE: of$1,000 per accident.

5. Hired Auto Physical Damage 11. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT If hired "autos" are covered "autos" COVERAGE for Liability Coverage and if Physical Damage Coverage of The following is added to SECTION III • Comprehensive, Specified Causes PHYSICAL DAMAGE COVERAGE, A. of Loss, or Collision is provided COVERAGE: under this Coverage Form for any "auto" you own, then the Physical 6. Audio, Visual and Data Electronic Damage Coverage(s) provided is Equipment Coverage extended to "autos" you hire without a driver or your employee hires, We will pay for "loss" to any without a driver, at your direction, for electronic equipment that receives or the transmits audio, visual or data signals and that is not designed

Includes copyrighted material of Insurance Services Office, Inc. with its permission. 3 Copyrighted, Insurance Services Office, Inc., 1996 461-0157 (05/07) solely for the reproduction of sound. b. Permanently installed in the This coverage applies only if the opening of the dash or equipment is permanently installed in console normally used by the covered "auto" at the time of the the manufacturer for the "loss" or the equipment is removable installation of a radio. from a housing unit which is permanently installed in the covered With respect to coverage herein, the auto at the time of the "loss," and LIMIT OF INSURANCE provision of such equipment is designed to be PHYSICAL DAMAGE COVERAGE solely operated by use of the power is replaced by the following: from the "auto's" electrical system, in or upon the covered "auto," including 1. The most we will pay for all its antennas and other accessories. "loss" to audio, visual or data However, this does not include tapes, electronic equipment and any records or discs. accessories used with this equipment as a result of any The exclusions that apply to one "accident" is the lesser of PHYSICAL DAMAGE COVERAGE, except for the exclusion relating to a. The actual cash value of the Audio, Visual and Data Electronic damaged or stolen property Equipment, also apply to coverage as of the time of the "loss"; provided herein. In addition, the or following exclusions apply: b. The cost of repairing or replacing the damaged or We will not pay, under this coverage, stolen property with other for either any electronic equipment or property of like kind and accessories used with such quality; or eleclronic equipment that is: c. $500.

1. Necessary for the normal 2. An adjustment for depreciation operation of the covered "auto" and physical condition will be or the monitoring of the covered made in determining actual cash "auto's" operating system; or value at the time of the "loss."

2. Both: 3. Deductibles applicable to PHYSICAL DAMAGE a. An integral part of the same COVERAGE, do not apply unit housing any sound to this Audio, Visual and Data reproducing equipment Electronic Equipment Coverage. designed solely for the reproduction of sound if the If there is other coverage provided sound by this policy for audio, visual and reproducing equipment is data electronic equipment, the permanenlly installed in the coverage provided herein is excess. covered "auto," and

Includes copyrighted material of Insurance Services Office, Inc. with its permisSion. 4 Copyrighted, Insurance Services Office, Inc., 1996 461-0157 (05/07) However, you may elect to apply the covered "auto." If loss is limit or any portion thereof of caused by theft, this number coverage provided herein to pay any of days is added to the deductible that is applicable under n umber of days it takes to the provisions of the other coverage. locate the covered "auto" and transport it to a repair 12. RENTAL REIMBURSEMENT and shop. MATERIAL TRANSFER EXPENSE 2. 60 days. The following is added to SECTION 1/1 - PHYSICAL DAMAGE COVERAGE, A. Our payment is limited to the lesser COVERAGE: of the following amounts:

7. Rental Reimbursement and 1. Necessary and actual Material Transfer Expense expenses incurred, including loss of use. This coverage provides only those Physical Damage Coverages where 2. $3,000. a premium is shown in the Declarations. It applies only to a This auto rental expense coverage covered "auto" described or does not apply while there are spare designated to which the Physical or reserve "autos" available to you Damage Coverages apply. for your operations.

We will pay for auto rental expenses If "loss" results from the total theft of and the expenses, incurred by you a covered "auto" of the private because of "loss" to a covered passenger type, we will pay under "auto," to remove and transfer your this coverage only that amount of materials and equipment from the your rental reimbursement expenses covered "auto." Payment applies in which is not already provided for addition to the otherwise applicable under the SECTION III amount of each coverage you have - PHYSICAL DAMAGE on a covered "auto." No deductibles COVERAGE, A. 4. Coverage apply to this coverage. Extension.

We will pay only for those auto rental 13. AIRBAG COVERAGE expenses incurred during the policy period beginning 24 hours after the The following is added to SECTION 1/1 - "loss" and ending, regardless of the PHYSICAL DAMAGE COVERAGE, B. policy's expiration, with the lesser of Exclusions, paragraph 3. the following number of days: The portion of this exclusion relating to 1. The number of days mechanical or electrical breakdown does not reasonably required to apply to the accidental discharge of an repair or replace the airbag. This coverage is excess of other collectible insurance or warranty. No deductible applies to this Airbag Coverage.

Includes copyrighted material of Insurance Services Office, Inc. with its permission. 5 Copyrighted, Insurance Services Office, Inc., 1996 461-0157 (05107) SECTION IV - CONDITIONS 16. UNINTENTIONAL FAILURE TO DISCLOSE INFORMATION 14. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The following is added to SECTION IV - BUSINESS AUTO CONDITIONS. B. The following is added to SECTION IV - General Conditions, paragraph 2. BUSINESS AUTO CONDITIONS, A. Loss Concealment, Misrepresentation Or Fraud: Conditions, 2. Duties In The Event Of Your unintentional error in disclOSing, or Accident, Claim, Suit Or Loss: failure to disclose, any material fact existing after the effective date of this d. Knowledge of any "acciden~" claim, Coverage Form shall not prejudice your "suit" or "loss" will be deemed rights under this Coverage Form. knowledge by you when notice of However, this provision does not affect such "accident," claim, 'lsuit" or "1055'1 our right to collect additional premium or has been received by: exercise our right of cancellation or nonrenewal. (1) You, if you are an individual; (2) Any partner or insurance 17. HIRED AUTO· WORLDWIDE manager if you are a COVERAGE partnership, or (3) An executive officer or insurance Paragraph e. under SECTTION IV - manager if you are a Business Auto Conditions, B. General corporation. Conditions, paragraph 7. Policy Period, Coverage Territory is replaced with the 15. BLANKETWAIVEROF following: SUBROGATION e.Anywhere in the world if: Paragraph 5. Transfer Of Rights Of (1) A covered "auto" is leased, Recovery Against Others To Us, hired, rented or borrowed SECTION IV - BUSINESS AUTO without a driver for a period of CONDITIONS, A. Loss Conditions is 30 days or less; and replaced by the following: (2) The "insured's" responsibility to pay damages is determined in a 5. Transfer Of Rights Of Recovery "suit" on the merits, in the United Against Others To Us States of America, the territories and possessions of the United If any person or organization to or for whom States of America, Puerto Rico, we make payment under this Coverage or Canada or in a settlement we Form has rights to recover damages from agree to. another, which have not been waived through the execution of an "insured SECTION V • DEFINITIONS contract," written agreement, or permit, prior to the "accident" or "loss" giving rise 18. MENTAL ANGUISH to the payment, those rights to recover damages from another are transferred to Paragraph C. "Bodily injury," SECTION V • us. That person or organization must do DEFINITIONS is replaced by the following: everything necessary to secure our rights and must do nothing after the "accidenf' C. "Bodily injury" means bodily injury, or "loss" to impair them. sickness or disease sustained by a person including death or mental anguish resulting from any of these.

Includes copyrighted material of Insurance Services Office, Inc. with its permission. 6 Copyrighted, Insurance Services Office, Inc., 1996 461-0157 (05107) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY

we 00 0313 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT

This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. . (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.)

This endorsement, effective on at 12:01 A.M. standard time, forms a part of (DATE)

Policy No. of the (NAME OF INSURANCE COMPANY)

issued to

Premium (if any) $ Authorized Representative

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.' This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule

'Typist: strike out third sentence if inapplicable.

WC 124 (4-<14) WC000313 Copyright 1983 National Council on Compensation Insurance. Page 1 of 1 3-12-14 031214 APPLICATION FEE 500.00 .00 500.00

3-24-14 124338 TOTAL> 500.00 .00 500.00 PLEASE DETACH AND RETAIN FOR YOUR RECORDS

11'000 Ir 21, j j811' 1:0 2 20000 l, {;1:88 '10 Ir l, 522 jll' >< 'L-...r--' 00 00 a> ~ c 00 a> o a>~ .... ~ i., c ~~ LO I!t CO ~ O~ LO E 0 .... '"ffi LOO ~ (fJ '+- C ,...... ~ ~ o :::l :!::: ..... ;;' 0 :::J 00 -- ~w 0.. - :::; "0 .- 0 C CO "'C a> :::J :::; ..c ._ ~ _ "'C en Q) CO '- .... -- c :::J 8 a>0~0 o c c .0> CO ~ 3: ~..c c::(O~O "'C ;;' CO U "'C"'C"""',- a> ffi O o a> a> - 0 00 Ii: .... 0000('1)_ ~ $~ o u o 0 ' CO c. z C. C. ·c ~ e z 00°a>,-,-COc::( a.. 8 a..a..~_ ~ ~ CO w ..... ill o ~ I ~ I ~

I;;

HQlJ..YDR

MARKET_DR woo;:>st )ll,O CT

EMI{'f CT

DALEVIEW CT GOLD ARBOR ST ct ct BARON DR 0 \ 0 WOODIN§TON CT i!'1 i!' ~ § 'liG a'lJO~WH ~G >i::JIM>Dld

'().. "O'~ o~

i!~ ~ •

I MANNINGTON RD OS 4..3S'd3Wos

NORWOOD DR

o o - U ti ' aM I ",(;- t; "" O? >- +-o~ ti UJ ~ "",\"j:. ,\"I\S,LE t z ';:( ~ '\'<"" t ffi ~,c t; ti,ti fi1 o 'Ii'ifidOd ~ ili ~ z \~ a:~~ ~ ~i.. UJ " U ~ fi1 - ~ >< \IS\t3Hd -L .,-{ , ~ ,fo '-" "', ,,1,.....-._.. CV ~d ~ _.M\\.\. ~ e?CJ..l'" c< !J! \ LN

D \t3l'IJ3H1\t3H

Q~ .l.:J Q f<,/ ~ Q ... '"""V' , _ E\-'" , ~~d.l.:J M~~ll\u~ ,;I "oQ:- ,,~~ ~ Q'>'.LI1M ti "> a M 'liG NO.l.ElNliruru I ~ ...... & ~ - # - ~ ~ .:r

SPRINGF IELD DR -0 \f, P~EASANT RIDGE ';J, TR ILLI UM LN HARBOR ST ?J . ~ <... ,/JI ';;> - w I ~ ?J ... \.\'ilE?''ii c:t N AHI39n DENTOI'! RD DE<;INT,!!,-ON!!".lR~D,-_____---- '-' w ~ ",e; \!l -I ~ _ _ w UVl o U'" wUJ N RIDGE RD I '" I;: ~ "" 80 !! \!l "" 8 8 ~ I,,~\.D? ~ ;. § ~ \';! BUC\-\ANAN 51 ~ ex: ~ ~ Q. DR ~ i u U M3II\l.S3lloj "''() '? \ 0", ~ il>' tjAKK KU DA~" RD II" ----.. 0"" ~ V2 PAGE ST "" cr. 0 ~ ~ ~ \'" ~ ~ w -:1~ u ---"'\ ~ I;; NDRMWALKER ~ fl

ADDITIONAL PUBLIC COMMENT: None

OTHER: Director Bilbrey-Honsowetz informed the board of several events within the township:

1) The Farmers Market is starting on Sunday May 18 and continuing through September 1, 2014. Hours and Location: Sundays: 9:00 a.m. to 1:00 p.m. at Preservation Park.

2) May 17 & 18 the Relay For Life will take place in Heritage Park.

3) River Day will take place in Flodin Park on Saturday May 17 from 8:00 a.m. to 1:00 p.m.

4) Sunday May 18 from 11:00 a.m. to 1:00 p.m. Canton Leisure Services will host a new event: Bark In The Park. It will take place at the Canton Dog Park located on the west side of Ridge Rd. just north of Cherry Hill Rd.

5) The Summit on the Park is hosting an Art Show in their lobby featuring local adult artists.

6) The Canton Liberty Fest will take place this year on June 12,13, and 14.

7) Canton Leisure Services has opportunities for Seasonal Part-Time employment. Details may be found on the Canton Website: www.canton-mi.org.

Supervisor LaJoy stated the Canton Cup Soccer Tournament will take place again this year on Memorial Day weekend.

Trustee Sneideman stated the Canton Community Foundation Golf Outing will be on June 5. Details are available on their Website: www.cantonfoundation.org.

ADJOURN: Motion by Sneideman, supported by Williams to adjourn at 8:07 p.m. Motion carried by all members present.

______Terry G. Bennett, Clerk

May 13, 2014 137 Charter Township of Canton Board Proceedings – May 27, 2014

A regular meeting of the Board of Trustees of the Charter Township of Canton was held Tuesday, May 27, 2014 at 1150 Canton Center S., Canton, Michigan. Supervisor LaJoy called the meeting to order at 7:00 p.m.

7:00 P.M.: CLOSED SESSION - FOR DISCUSSION OF PENDING LEGAL LITIGATION

Motion by Bennett, supported by Anthony to move from open session to closed session at 7:01 p.m., for the purpose of discussing pending legal litigation. Motion carried unanimously.

Roll Call Members Present: Anthony, Bennett, LaJoy, McLaughlin, Sneideman, Williams, Yack Members Absent: None Staff Present: Director Faas, Director Mutchler, Kristin Kolb, Carol Rosati; Attorney - Johnson, Rosati, Schultz & Joppich PC

Motion by Bennett, supported by Williams to move from closed session to open session at 8:10 p.m. Motion carried unanimously.

Supervisor LaJoy reconvened the open meeting at 8:10 p.m. and led the Pledge of Allegiance to the Flag.

Roll Call Members Present: Anthony, Bennett, LaJoy, McLaughlin, Sneideman, Williams, Yack Members Absent: None Staff Present: Director Faas, Director Mutchler, Kristin Kolb

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

Approval of Minutes No minutes were presented to the Board for approval.

Citizen’s Non-Agenda Item Comments: Dana Reader, resident at 43813 Fredricksburg addressed the board to show his support of the proposed amendment to the Code of Ordinances - Chapter 36 - Equal Rights Amendment, proposed by Trustee Sneideman.

Supervisor LaJoy explained the township is in the process of amending this ordinance. The next step is the second reading at the Public Hearing during the June 10 Board Meeting.

George Miller, 1946 Briarfield, presented the Board with a petition signed by 70 residents, as well as approximately 10 residents from Van Buren Township, requesting the suspension of target shooting at the Public Safety Gun Range on Sundays and Legal Holidays.

May 27, 2014 1 Payment of Bills No bills were presented to the Board for payment.

GENERAL CALENDAR: Item 1. Consideration of Adoption of a Moratorium on New Smoking Lounges and Facilities to Allow for Study and Development of Standards for Tobacco Retail Specialty Shops, Cigar Bars, 0% Nicotine Establishments, Hookah Lounges And Bars, and Other Smoking Facilities. (MSD)

Motion by Bennett, supported by Anthony to adopt the proposed Resolution Adopting a Moratorium on Smoking Lounges and Facilities. Motion carried unanimously.

STATE OF MICHIGAN COUNTY OF WAYNE CHARTER TOWNSHIP OF CANTON Resolution Adopting A Moratorium On Smoking Lounges And Facilities

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

The Board of Trustees for the Charter Township of Canton has determined that a need has emerged to study and develop regulations for public health, safety and welfare applicable to establishments that operate smoking lounges and facilities commonly described as Tobacco Retail Specialty Shops, Cigar Bars, 0% Nicotine Establishments, Hookah Lounges and Bars, and other Smoking Facilities by any other name.

While the state of Michigan issues the Tobacco Retail Special Shop exemptions from the Dr. Ron Davis Smoke Free Air Law, there are little to no other laws regulating these businesses.

Accordingly, the Board of Trustees for the Charter Township of Canton finds that it is necessary to research the possibility of developing consistent, cohesive, and objective land use, development, and regulatory standards applicable to facilities and establishments commonly described as Tobacco Retail Specialty Shops, Cigar Bars, 0% Nicotine Establishments, Hookah Lounges and Bars, and other Smoking Facilities by any other name, that may desire to operate within the Township.

Further, the Board of Trustees for the Charter Township of Canton finds that it would be counterproductive to approve the operation of these establishments within the Township while the Township studies and develops and adopts applicable, consistent regulations.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Township Administration and Township Board shall study the need for regulation and develop consistent, cohesive and objective land use, development and regulatory standards for the operation of Tobacco Retail Specialty Shops, Cigar Bars, 0% Nicotine Establishments, Hookah Lounges and Bars, and other Smoking Facilities by any other name.

2. During the course of study and deliberations as to the appropriate zoning and regulatory ordinance regulations for Tobacco Retail Specialty Shops, Cigar Bars, 0% Nicotine Establishments, Hookah Lounges and Bars, and other Smoking Facilities by any other name, a moratorium is hereby declared effective immediately for a period of 180 days from the date hereof. Effective May 27, 2014, Township review and

May 27, 2014 2 approval of all applications, related to Tobacco Retail Specialty Shops, Cigar Bars, 0% Nicotine Establishments, Hookah Lounges and Bars, and other Smoking Facilities by any other name, shall be deferred.

3. During the period of this moratorium, there shall be no consideration or action taken by the Township, any elected or appointed official, or any employee on any request to operate a Tobacco Retail Specialty Shop, Cigar Bar, 0% Nicotine Establishment, Hookah Lounge or Bar, or any other Smoking Facilities whether a new operation or a license location transfer, including an application for a certificate of occupancy.

4. During this period of a moratorium, an aggrieved property owner or business petitioner may request and be entitled to a hearing before the Township Board for the purpose of attempting to demonstrate that the moratorium will preclude all viable economic use of their property or otherwise violate applicable provisions of State or federal law. A hearing shall be requested in a written submittal to the Township Clerk that describes the grounds for the request and will be scheduled for the next regular Township Board meeting. Upon concluding the hearing, the Township Board shall determine whether the petitioner has made the required demonstration, and if so, shall grant relief from the moratorium to the extent necessary to cure that effect or violation.

5. This moratorium shall expire automatically upon adoption of an ordinance regulating Tobacco Retail Specialty Shops, Cigar Bars, 0% Nicotine Establishments, Hookah Lounges or Bars, or other Smoking Facilities.

CERTIFICATION

I hereby certify that the foregoing is a true and complete copy of a Resolution adopted by the Board of Trustees of the Charter Township of Canton, County of Wayne, State of Michigan, at a regular meeting held on the 27th day of May, 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: May 27, 2014

The Township Municipal Services Department has been made aware of a second hookah lounge/bar planning to open in the Goldengate Shopping Center near Lilley and Joy Roads. In order to operate, any smoking lounge must apply to the Michigan Department of Community Health under an exemption from the Dr. Ron Davis Smoke-Free Air Law known as a Tobacco Specialty Retail Shop License. Tobacco Specialty Retail Shops cannot engage in food preparation, food service, or other related activities that would require a food service license, nor can they simultaneously have a liquor license.

There is little regulation of these types of businesses. The Township has learned that a number of communities, under the police power authority granted to them by the state Constitution, are adopting ordinances regulating hours of operation, location, and other similar aspects of the business. The Public Safety Director elaborated, these businesses tend to result in frequent runs by the Police Department.

As the Township sees an increase in this type of business, it is appropriate to take the time to

May 27, 2014 3 thoroughly study the issue and come up with a set of regulations that best suit the residents of Canton Township. The moratorium is for 180 days.

Supervisor LaJoy explained during the time it takes to complete the study and establish a set of regulations and ordinances, the board would request a moratorium on allowing more of these establishments to operate in Canton Township.

Director Mutchler commented since 2012 Public Safety has had 38 calls for service at the Hookah Lounge located near Cherry Hill and Canton Center. They have also received numerous complaints from surrounding businesses related to litter and illegible substance use, as well as residents complaints regarding noise during and after business hours.

Trustee Yack asked would it be reasonable to apply a time limit on the moratorium.

Kristin Kolb explained the resolution has a 6 month time limit and an appeal process in it.

Trustee Williams asked would the existing Hookah Lounge be grandfathered

Ms. Kolb explained if a new ordinance requires a license, the existing lounge would be required to obtain one. But, outside of licensing, the existing lounge would be exempt from the other regulations.

Ms. Kolb stated as of 4:30 p.m. today, the proposed Goldengate site had not received their state exemption. Therefore, this site would be subject to this moratorium.

Trustee Yack asked if a license could be revoked if there are complaints/Public Safety issues with a particular establishment.

Ms. Kolb explained this could be covered by an ordinance.

Trustee Sneideman asked if there are cigar bars in Canton.

Ms. Kolb replied there is one on Ford Road.

Trustee Sneideman asked if the rules would be varied based on the type of establishment.

Ms. Kolb replied all establishments covered by the Dr. Ron Davis Smoke-Free Air Law would be treated equally.

ADDITIONAL PUBLIC COMMENT: None

OTHER: Trustee Anthony commented, "Great Job!" on the 32nd Canton Cup Soccer Tournament which took place over Memorial Day Weekend. The entire event came off without a single hitch. Director Mutchler agreed there were no issues and the weather cooperated beautifully!

May 27, 2014 4 Trustee Anthony congratulated Supervisor LaJoy on his upcoming birthday on Wednesday May, 28, 2014

ADJOURN: Motion by Sneideman, supported by Anthony to adjourn at 8:23 p.m. Motion carried unanimously.

______Terry G. Bennett, Clerk

May 27, 2014 5 Charter Township of Canton Board Proceedings-June 3, 2014

A regular meeting of the Board of Trustees of the Charter Township of Canton held Tuesday, June 3, 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. Members Absent: Yack Staff Present: Director Bilbrey-Honsowetz, Greg Hohenberger, Jon LaFever, Brad Sharp Others Present: Ronald Vine, President, Leisure Vision - ETC Institute Library Board Members: Director Eva Davies, Nancy Eggenberger, Thomas Hartnett, Michelle Farell

Leisure Services Advisory Committee Members: Chairman Robert Mossel, Mike Gulkewicz, Valerie Krimmer, Nicole Passmore.

Adoption of Agenda Motion by Bennett, seconded by Anthony to approve the agenda. Motion carried by all members present.

ACTION ITEM: Consider Authorization of Agreement with Michigan CAT to Provide Portable Generators and Light Towers for the 2014 Liberty Festival(CLS)

Motion by Bennett, seconded by Williams to authorize the agreement with Michigan CAT, 25000 Novi Road, Novi, Michigan 48375 in the amount of $6,150 for the rental of portable generators and light towers for the 2014 Liberty Festival. Motion carried by all members present.

Canton’s 23rd Annual Liberty Fest will be held in Heritage Park, June 12-14, 2014. The Community’s annual celebration offers a great variety of activities for all ages, as well as opportunities for civic engagement. In order to provide a safe environment conducive to the many groups and activities involved in the festival, Leisure Services makes provisions for all electrical needs outside of the Carnival and Midway. In addition, lighting is provided throughout the park in areas that are traditionally dark so that festival goers can safely navigate their way through the Park. Each year, Leisure Services contracts with local companies to secure on-site portable generators and light towers.

Three companies submitted quotes for the required services: GenPower Products Inc., Hertz Equipment Rental, and Michigan CAT (Attachment A). Each of the three companies have provided services for past Leisure Services and Township events and have performed satisfactorily. The lowest quote was provided by Michigan CAT at a total fee of $6,150.

In 2013, the overall Liberty Fest actual expenses totaled $125,085 with $125,350 budgeted. Of the total expenses, $6,300 was allocated for the rental of generators and light towers within the overall Liberty Fest budget with a total $5,736 actually spent. The same budget has been established for the 2014 Liberty Festival.

Director Bilbrey-Honsowetz explained this expense is incurred each year in association with the festival. However, the amount of the rental exceeded $5000.00 which requires Board Approval.

STUDY SESSION ITEM: 2014 Community Survey-Community Needs Assessment Findings (CLS)

This is a joint presentation to the Township Board and the Library Board. Ron Vine from ETC institute will be presenting the findings from the joint needs assessment commissioned by Canton Leisure Services and the Canton Public Library.

Director Bilbrey-Honsowetz explained this survey is done every 5 years to enable Leisure Services to develop their Strategic and Master plans for the next 5 years. This year the Canton Public Library was interested in participating in the survey as well. Leisure Services partnered with Canton Public Library to submit this survey jointly. This will enable both entities to deliver their services much more effectively with the survey information.

Director Eva Davies thanked Leisure Services for the opportunity to partner with CLS. Director Davies introduced the attending members of the Library Board.

Director Bilbrey-Honsowetz introduced the attending members of the Leisure Services Advisory Committee. Director Bilbrey-Honsowetz explained the survey was conducted by ETC Institute. Ronald Vine - President ETC was on hand to answer any questions the Board might have.

Mr. Vine presented a PowerPoint Presentation regarding the Survey Findings.

The Presentation opened with the Agenda of the survey: To obtain the citizen's vision of future Leisure Services and Public Library facilities and programs, as well as, gain the citizen's attitudes and opinions regarding the quality of life in Canton. The methods used were mail, phone, and web to reach residents. The survey was 7 pages in length. The sample size was 430. Director Bilbrey-Honsowetz commented although the sample size was smaller than the 600 desired by CLS, she feels the survey results were not compromised.

Mr. Vine explained the overall demographics had good distribution over gender, ages, length of residence, family make-up, ethnicity, etc. within our community.

Overall the facilities receiving the highest marks: 1. Canton Library, 2. Summit on the Park, 3. Heritage Park. Nearly 50% of the respondents participate in programs and 44% of these rate the quality of the programs as excellent. Both of these results are significantly higher than National Benchmarks. 88% of the respondents use the Public Library.

The Canton Focus is the major means of community awareness of Leisure Services programs, with use of the website coming in second.

For all key demographic groups overall, the Public Library is the most important facility. Summit on the Park is the second most important facility. 45% of our residents rate the condition of these two facilities as excellent. Mr. Vine explained even if our community put millions of dollars into these facilities, survey results would not be over 55%. Overall, results indicate if the township did not have these 2 facilities the residents would not be happy.

The majority of respondents (95%) rate the service provided by Canton Township as Excellent or Good. Overall the respondents felt that the quality of life, with regards to the Library and Leisure Services, contributes to the value of their property. Mr. Vine explained the citizen's vision for the future ranks walking, biking, and nature trails; large community parks; neighborhood parks; and indoor fitness and exercise facilities as most important. Most important programs are Community Special events, adult health and fitness, and youth sports. The Library should emphasize over the next few years: providing space for reading and individual study; serving as a source of information; and supporting life-long education. The community feels that literacy and community education should be a main focus of the library. The survey results showed that overall most of our community is satisfied with Canton's facilities.

Looking to the future, Soccer Fields, Walking and Biking Trails, and Small Neighborhood Parks ranked the highest as most important facilities to respondent households. Community Events, Youth Sports, Hobbies, and Do-It-Yourself programs ranked highest as most important programs. Biggest unmet needs within the community consisted of Hobbies, DIY projects, and Self-Improvement Programs.

Questions/Comments: Trustee Sneideman asked is there a comparison of findings from 5 years ago to this current survey's findings.

Mr. Vine replied that although our "Excellent" ratings are high, the residents rated us slightly lower in this survey, however, participation in programs is significantly higher in the current survey (increase from 36% to 49% ). Website and FOCUS ratings have increased.

Director Bilbrey-Honsowetz replied more comparisons are in Section 3 of the Findings Report for a Statistically Valid Community Survey. . Trustee Williams asked how many surveys were sent out.

Mr. Vine answered about 3000, resulting in an approximate17% reply rate. This is a very good rate considering it was a long and complex survey. Mailing labels were compiled by a National Broker: Edith Roman out of New York.

Tom Hartnett asked how well 3000 surveys represent the community.

Mr. Vine explained statistical data is used to compile the mailing list. By using a variety of criteria the broker ensures the compilation is an accurate representation of our community.

Trustee Anthony complimented our Public Library as being a part of a great community to live in.

Nancy Eggenberger asked how Canton Library compares to national benchmarks.

Mr. Vine feels Canton is doing quite well.

Ms. Eggenberger commented that 80% of the Canton Library patrons do not check out materials, however the survey showed that Checking out Materials was #1.

Mr. Vine answered the results are compiled from the responses received. Perhaps the respondents perception of what they actually use the library for is checking out materials.

Ms. Eggenberger also commented the PowerPoint did not cover children between ages 10 and 18.

Mr. Vine explained the Findings Report for a Statistically Valid Community Survey has information regarding this group, as well as much more information in it.

Director Bilbrey-Honsowetz commented Leisure Services feels the results show Canton Leisure Services is on the right track.

Clerk Bennett commented the Findings Report has a lot of information that we will be able to glean much more from.

Director Bilbrey-Honsowetz explained the Report will be available for viewing/borrowing by any of the Board members.

Treasurer McLaughlin commented surveys in the past have shown needs of the community that we acted upon and those actions have proven to be very accurate. Past surveys have proven to be a good tool for the residents to communicate to the Board improvements/changes they should pursue.

PUBLIC COMMENT: None

ADJOURN: Motion by Sneideman, supported by Williams to adjourn at 8:15 p.m. Motion carried by all members present.

______Terry G. Bennett, Clerk

Resolution in Recognition of Chloe Desselles

WHEREAS, Chloe Desselles was crowned Miss Junior Teen Michigan on May 4, 2014; and

WHEREAS, Chloe will compete in the national Miss United States pageant in Washington D.C. in July of 2014; and

WHEREAS, she is an honor student at Plymouth High School, and active in the Robotics Club; and

WHEREAS, as Miss Junior Teen Michigan, Chloe will actively seek sponsorship and awareness for her personal charities that serve those with Multiple Sclerosis and Autism; and

WHEREAS, Chloe is also involved with the Miss United States Organization’s charitable partner, American Cancer Society’s Relay for Life; and

WHEREAS, Canton Township is honored to have someone like Chloe who is committed to making a difference;

NOW THEREFORE BE IT RESOLVED, that the Charter Township of Canton Board of Trustees extends its congratulations to Chloe Desselles for this outstanding achievement, and wishes Chloe the best of luck at the Miss United States pageant.

______Date Philip J. LaJoy, Canton Supervisor

INTEROFFICE CORRESPONDENCE CANTON PUBLIC SAFETY DEPARTMENT ADMINISTRATION

TO: Phil LaJoy, Supervisor

FROM: Todd Mutchler, Director of Public Safety

DATE: June 10, 2014

SUBJECT: Police Department Promotion – Badge Presentation Lt. Gajeski

Mark Gajeski (guy-eski) is being promoted to Police Lieutenant

Mark was hired as an Officer by the Canton Police Department in 1986, and he was promoted to the rank of Sergeant in 2006. He earned his Bachelor’s Degree in Criminal Justice from Ferris State College, and is a graduate of Eastern Michigan University’s Police Staff & Command School.

Most notably, Mark served 22 years on the Western-Wayne Special Operations Team. As a member of this elite SWAT unit, he specialized in Chemical Munitions and Explosive Breaching. He was promoted through the unit from Team Leader, to Senior Team Leader, to Executive Officer, serving as 2nd in command of the multi-jurisdictional unit.

In his new position, Mark will serve as a platoon commander in the patrol division, overseeing the daily operations of his assigned shift made up of sergeants, patrol officers & PSSO’s. In addition, he will also be responsible for providing training, direction and motivation of subordinate personnel toward the accomplishment of the department’s established goals and objectives.

Mark is joined tonight by:

• his daughters Erin, Emily and MacKenzie; • 3 granddaughters,Megan, Mikayla and Madison • And his parents, Richard and Joan Gajeski

CANTON COMMUNITY REQUEST FOR BOARD ACTION

MEETING DATE: JUNE 10, 2014 AGENDA ITEM # C-1

ITEM: RESOLUTION OF SUPPORT FOR MICHIGAN TOWNSHIPS ASSOCIATION’S ROBERT R. ROBINSON SCHOLARSHIP APPLICATION

PRESENTER: Phil LaJoy, Supervisor

INDIVIDUALS IN ATTENDANCE: Evan Sweet

EXECUTIVE SUMMARY:

Evan Sweet will be a junior at Eastern Michigan University this fall, majoring in Public Administration. He is in the process of applying for the Robert R. Robinson Memorial Scholarship from the Michigan Townships Association. The purpose of the scholarship fund is to help students in Michigan who are preparing for a career in Public Administration. One of the scholarship requirements is a Resolution of Support from a Michigan Townships Association member community’s Board of Trustees. Evan is also a part-time employee with Canton Leisure Services.

STRATEGIC PLAN/GOALS: NA

ACTION REQUESTED: Adopt the attached Resolution.

BUDGET IMPLICATIONS & ACCOUNT NUMBER: No budget implications.

IMPLEMENTATION PLAN: Supervisor’s office will send a copy of the resolution to Evan Sweet.

FINANCE AND BUDGET DIRECTOR’S RECOMMENDATION: NA

SUPERVISOR'S RECOMMENDATION: Approval

MODEL RESOLUTION: I move to adopt the Resolution of Support for Evan Sweet to apply for the Michigan Townships Association’s Robert R. Robinson Scholarship

ATTACHMENTS: Resolution of Support

Resolution of Support for Michigan Townships Association’s Robert R. Robinson Scholarship Application

WHEREAS, the Michigan Townships Association administers a scholarship fund established in memory of Robert R. Robinson, former executive director of the association; and

WHEREAS, the purpose of the scholarship fund is to help students in Michigan who are preparing for a career in public administration; and

WHEREAS, the scholarship is awarded on a competitive basis to a junior, senior or graduate student enrolled in a Michigan college or university, who is pursuing a degree in public administration and considering a career in local government administration, as determined by the applicant’s academic achievement, community involvement and commitment to a career in local government administration; and

WHEREAS, Evan Sweet will be a junior at Eastern Michigan University in the fall of 2014 and has demonstrated academic achievement with a 3.84 grade point average; and

WHEREAS, the scholarship application requires a resolution of support from an MTA-member Michigan township board;

NOW THEREFORE BE IT RESOLVED, that the Charter Township of Canton Board of Trustees supports the application of Evan Sweet for the Robert R. Robinson Memorial Scholarship.

______Date Philip J. LaJoy, Canton Supervisor CANTON COMMUNITY REQUEST FOR BOARD ACTION

MEETING DATE: June 10, 2014 AGENDA ITEM # C-2

ITEM: Establishment and Use of "Receiving Boards" in the 2014 Elections

PRESENTER: Terry G. Bennett, Clerk

INDIVIDUALS IN ATTENDANCE: None anticipated.

BACKGROUND: MCL. 168.679(A) provides that the legislative body of a township that employs a precinct based tabulation system such as M-100’s by resolution may approve the establishment of one or more receiving boards to administer any upcoming election scheduled in the jurisdiction. Canton has been using “Receiving Boards” since November 2004. We have previously adopted the use of these boards for all elections administered in the township. The Bureau of Elections has recommended that by policy we adopt the resolution approving receiving boards yearly.

If the establishment of one or more “receiving boards” is approved by the jurisdiction’s legislative body, the local election commission must appoint at least two election inspectors to each board. When making the appointments, the election commission must appoint an equal number of election inspectors from each of the two major political parties in the state.

At the close of the polls, two election inspectors representing each of the two major political parties are required to deliver to the appropriate receiving board the precinct’s sealed ballot containers containing the voted ballots and, in a separate sealed envelope, the poll book and statement of returns.

STRATEGIC PLAN/GOALS: The Clerk’s office will maintain changes in election laws that are related to the use of receiving board as cited in election law. This resolution will re- affirm use of “receiving boards” for all elections held in Canton in 2014

ACTION REQUESTED: Approve the resolution establishing the use of "receiving boards".

BUDGET IMPLICATIONS & ACCOUNT NUMBER: None

IMPLEMENTATION PLAN: "Receiving Boards" will be used for all elections in 2014 upon Board approval.

DIRECTOR’S RECOMMENDATION: Approval

FINANCE AND BUDGET DIRECTOR’S RECOMMENDATION: Approval

SUPERVISOR'S RECOMMENDATION: Approval

*MODEL RESOLUTION: I move to adopt the resolution establishing the use of one or more “Receiving Boards” to administer any 2014 elections scheduled in the Charter Township of Canton.

RESOLUTION OF BOARD OF TRUSTEES CHARTER TOWNSHIP OF CANTON

RESOLULTION APPROVING USE OF “RECEIVING BOARDS” IN THE CHARTER TOWNSHIP OF CANTON

WHEREAS, MCL.168.679(a) provides the legislative body of a city, township, or village may, by resolution, provide that at an election at which the ballots are counted and certified at the precinct, 1 or more additional boards of election inspectors be appointed to serve as receiving boards.

WHEREAS, For a precinct having receiving boards, the board of election commissioners shall appoint a receiving board consisting of 2 or more election inspectors, with an equal number from each major political party, and shall appoint an equal number of election inspectors from each major political party, and not less than 2 election inspectors in a precinct, representing each of the major political parties, shall deliver to the receiving board for that precinct a sealed ballot container containing the voted ballots in a separate sealed envelope; the poll book and statement of returns.

WHEREAS, The poll book and statement of returns may be enclosed in a single sealed envelope and the receiving board shall open the sealed envelope and review the poll book and statement of returns to determine both of the following:

(a) That the ballot container is properly sealed and the seal number is properly recorded in the poll book and the statement of returns. If the ballot container is not properly sealed or there is a discrepancy with the seal number recorded in the poll book or the statement of returns, the election inspectors who delivered the ballot container and the receiving board shall together take the necessary steps to correct the discrepancy. The election inspectors and the receiving board shall note the discrepancy and note the corrective action in the remarks section of the poll book and all shall sign the notation.

(b) That the number of individuals voting recorded in the poll book equals the number of ballots issued to electors, as shown by the statement of returns. If the number of individuals voting as shown by the poll book does not equal the number of ballots counted as shown by the statement of returns, and if an explanation of the discrepancy has not been noted in the poll book, the receiving board shall ask the election inspectors about the discrepancy, note the explanation in the poll book, and all shall sign the notation.

WHEREAS, if the poll book or statement of returns has been erroneously sealed in the ballot container, the election inspectors may open the ballot container and remove the poll book or statement of returns. The elections inspectors and receiving board shall note the corrective action in the remarks section of the poll book and all shall sign the notation before placing the poll book or statement of returns in a separate sealed envelope. If the statement of returns was sealed in the ballot container and the poll book was sealed in an envelope, the poll book shall be removed from the sealed envelope for the notation of corrective action to be recorded before placing the poll book and statement of returns in a sealed envelope. The receiving board shall notify the clerk of the board of canvassers responsible for canvassing all or a portion of the election of the corrective action taken.

WHEREAS, when the receiving board has completed the review under subsection (3), the receiving board shall place the poll book and statement of returns in the appropriate envelope, sealed with a red paper seal and initialed by the receiving board.

NOW, THEREFORE, BE IT RESOLVED that the Charter Township of Canton elects to use “receiving board in all elections scheduled in 2014 as provided in MCL. 168.679(a).

ATTACHMENTS: None CANTON COMMUNITY REQUEST FOR BOARD ACTION

MEETING DATE: June 10, 2014 AGENDA ITEM #C-3

ITEM: Consider Approving a Resolution and Adoption of Wayne County’s Hazard Mitigation Plan

PRESENTER: Todd L. Mutchler, Director of Public Safety

INDIVIDUALS IN ATTENDANCE: None anticipated

BACKGROUND: In December 2013, Wayne County Homeland Security and Emergency Management Division hired Applied Science & Technology, Inc., (ASTI) of Brighton, to update their Hazard Mitigation Plan. As one of the 43 communities in Wayne County, Canton Township was invited to participate in this process and to be included in this plan. On August 5, 2013, the plan was completed and since been formally approved by the Federal Emergency Management Agency (FEMA) and adopted by Wayne County’s Board of Commissioners.

The Wayne County Hazard Mitigation Plan (hereafter referred to as “Plan”), which includes the Charter Township of Canton, was created to assist in protection the health, safety, economic and environmental interests of its citizens. The objective of this Plan is to provide a basis for evaluating known natural, technological and human hazards; prioritizing mitigation alternatives and coordinating hazard mitigation with other strategic planning processes. This Plan will also provide guidance when committing resources, and is intended to reduce the effects of the identified hazards. In addition, adoption of the Plan will provide the basis for technical assistance and potential funding from both the State of Michigan and FEMA.

This Plan is designed to comply with requirements of the Disaster Mitigation Act of 2000, which states that local governments, to be eligible for pre-disaster funds after November 1, 2003 and post-disaster mitigation funds after November 1, 2004, must have an approved Hazard Mitigation Plan in place.

STRATEGIC PLAN/GOALS: n/a

ACTION REQUESTED: Approve Wayne County’s Hazard Mitigation Plan, which includes the Charter Township of Canton.

BUDGET IMPLICATIONS & ACCOUNT NUMBER: n/a

IMPLEMENTATION PLAN: Canton’s Emergency Management Planner will be responsible for reviewing the Plan and coordinating with Canton officials and the Wayne County Homeland Security Emergency Management Division for changes and updates to the Plan.

DIRECTOR’S RECOMMENDATION: Approval

FINANCE AND BUDGET DIRECTOR’S RECOMMENDATION: Approved

SUPERVISOR'S RECOMMENDATION: Approved

MODEL RESOLUTION: I move to approve Wayne County’s Hazard Mitigation Plan, which includes the Charter Township of Canton.

I further move to approve a resolution stating:

Wayne County and its communities are at risk of natural, technological and human hazards, and that the Disaster Mitigation Act of 2000, requires communities to have a five-year Hazard Mitigation Plan approved by the Federal Emergency Management Agency (FEMA) in order to receive funds made available through certain mitigation grant programs

The Wayne County Hazard Mitigation Plan, prepared in cooperation with the Wayne County communities, identifies the hazard threats to the County and feasible mitigation projects to minimize hazard impacts.

The contents of the Hazard Mitigation Plan were reviewed by, and received input from, residents and local officials representing the local units of government within Wayne County.

CANTON COMMUNITY REQUEST FOR BOARD ACTION

MEETING DATE: June 10, 2014 AGENDA ITEM #C-4

ITEM: Consider Authorization of Permit for 2014 Liberty Fest Fireworks Display

PRESENTER: Todd L. Mutchler, Director of Public Safety

INDIVIDUALS IN ATTENDANCE:

EXECUTIVE SUMMARY: The fireworks display permit application and associated documentation from Zambelli Fireworks Mfg. Co., has been reviewed by the Deputy Fire Chief and was found to be compliant with all National Fire Prevention Association (NFPA) requirements as well as all state and federal fireworks laws.

Canton Fire Department personnel and equipment will be staged at the fireworks location in case an emergency situation arises.

STRATEGIC PLAN/GOALS: N/A

ACTION REQUESTED: Approval for the Canton Township Clerk to sign the permit for a fireworks display to be held June 14, 2014.

BUDGET IMPLICATIONS & ACCOUNT NUMBER: N/A

IMPLEMENTATION PLAN: Upon approval and Township Clerk’s signature, a member of the Fire Prevention Unit will deliver the signed permit to a representative from Zambelli Fireworks Mfg. Co.

DIRECTOR'S RECOMMENDATION: Approved

FINANCE AND BUDGET DIRECTOR’S RECOMMENDATION: Approved

SUPERVISOR'S RECOMMENDATION: Approved

MODEL RESOLUTION: I move to authorize the Canton Township Clerk to sign the permit for Zambelli Fireworks Mfg. Co., authorizing permission to possess, transport and display fireworks at Canton’s Liberty Fest on June 14, 2014.

ATTACHMENTS: Attachment A – Fireworks Permit Attachment B – Shell Listing Attachment C – Launch site map Attachment D – Certificate of Insurance CANTON COMMUNITY REQUEST FOR BOARD ACTION

MEETING DATE: June 10, 2014 AGENDA ITEM #C-5

ITEM: Award Six (6) Housing Rehabilitation Contracts

PRESENTER: Wendy Trumbull, Finance and Budget Director

INDIVIDUALS IN ATTENDANCE: None anticipated

BACKGROUND: Under Canton’s affordable housing program, formal bid procedures were followed and the public bid opening was held April 17, 2014, for the CDBG Housing Rehabilitation Program. The bid results for the projects ready for Board approval are attached. The Housing Rehabilitation Program pays for major and minor repairs to owner-occupied single family homes in Canton. The participating families must meet HUD income requirements.

The lowest qualifying bids on six (6) homes are being submitted to the Board for contract award and approval.

The Community Development Block Grant Program normally caps rehabilitation work of mobile homes to $5,000 and single family homes to $25,000. Funding is available.

The bids were developed by the Building Department, and the lowest qualified bid for each home is being submitted. The qualifying low bids are as follows:

Street Builder Low Bid

2314 W. Roundtable Dr. Stratton Home Improvement $ 18,400.00 43709 Yorktown Cross Renovation $ 18,325.00 8463 Orhan Reflections Building $ 17,140.00 1367 Ranier Reflections Building $ 21,554.00 7095 Fox Ridge Dr. Stratton Home Improvement $ 13,300.00 43978 Southampton Stratton Home Improvement $ 19,100.00

Funds are budgeted in housing rehabilitation #274-666.890 for the six (6) contracts on the single family detached homes.

STRATEGIC PLAN/GOALS: Housing rehabilitation addresses the HUD goal of preserving safe and affordable housing. The projects help residents to continue to live in Canton in their own homes.

ACTION REQUESTED: Approve contracts for the six projects. For housing rehabilitation contracts, it has been customary to authorize a contingency because repairs frequently uncover additional problems that necessitate change orders.

BUDGET IMPLICATIONS & ACCOUNT NUMBER: Funds are budgeted in housing rehabilitation #274-666.890 for the six contracts on the single-family detached homes; $107,819 is requested plus contingencies of $10,782 for a total not to exceed $118,601.

IMPLEMENTATION PLAN: Work should commence immediately after contract signings. Finance Department staff and Municipal Services Department inspectors cooperate on housing rehabilitation projects.

FINANCE AND BUDGET DIRECTOR’S RECOMMENDATION: Approval

SUPERVISOR'S RECOMMENDATION: Approval

MODEL RESOLUTION:

• I move to award the contract for a housing rehabilitation at 2314 W. Roundtable Dr. to Stratton Home Improvement in the amount of $18,400 plus a contingency of $1,840 for a purchase order total of $20,240.

• I move to award the contract for a housing rehabilitation at 43709 Yorktown to Cross Renovation in the amount of $18,325 plus a contingency of $1,833 for a purchase order total of $20,158.

• I move to award the contract for a housing rehabilitation at 8463 Orhan to Reflections Building in the amount of $17,140 plus a contingency of $1,714 for a purchase order total of $18,854

• I move to award the contract for a housing rehabilitation at 1367 Ranier to Reflections Building in the amount of $21,554 plus a contingency of $2,155 for a purchase order total of $23,709.

• I move to award the contract for a housing rehabilitation at 7095 Fox Ridge to Stratton Home Improvement in the amount of $13,300 plus a contingency of $1,330 for a purchase order total of $14,630.

• I move to award the contract for a housing rehabilitation at 43978 Southampton to Stratton Home Improvement in the amount of $19,100 plus a contingency of $1,910 for a purchase order total of $21,010.

CANTON COMMUNITY REQUEST FOR BOARD ACTION

MEETING DATE: June 10, 2014 AGENDA ITEM #C- 6

ITEM: SECOND READING OF AN ORDINANCE ADDING A NEW CHAPTE R 36 TO THE CANTON TOWNSHIP CODE OF ORDINANCES ENTITLED “EQUAL RIGHTS.”

PRESENTER: Phil LaJoy

INDIVIDUALS IN ATTENDANCE: None anticipated.

BACKGROUND: Trustee Sneideman has proposed an amendment to the T ownship Code that would provide an avenue of relief for residents and visitors to the Township who believe they are being discrim inated against with respect to housing, public accommodation, employment, or other enumerated circumstances because of the individual’s actual or perceived race, color, religion, national origin, sex, age, height, weight, condition of pregnancy, m arital status, physical or mental limitation, source of income, family responsibilities, sexual orientation, gender identity or HIV status.

If a person believes they are bei ng discriminated against under this ordinance, they may contact the Township. The Township would have the oppor tunity to try and enter into a conciliation agreement with party against whom a complaint was lodged. If the event an agreement is unable to be reached, the Township would have the right to write a citation for a civil infraction. Nearly all the classes provided protec tion under this ordinance are c onsidered “protected” under other state and/or federal laws, but this ordinance would provide a m ore readily available avenue of redress.

STRATEGIC PLAN/GOALS:

ACTION REQUESTED: Remove from the table for consideration the Second Reading of an ordinance to add a new Chapter 36, “Equal Rights” to the Township Code of Ordinances.

BUDGET IMPLICATIONS & ACCOUNT NUMBER: None.

IMPLEMENTATION PLAN: Upon approval, the ordinance will be published and become effective on June 19, 2014.

DIRECTOR’S RECOMMENDATION:

FINANCE AND BUDGET DIRECTOR’S RECOMMENDATION: Approved

SUPERVISOR'S RECOMMENDATION: Approved

MODEL RESOLUTION: I move to remove from the table for second reading and declare adopted an amendment to the Township Code of Ordinances to add a new Chapter 36, Equal Rights.

ATTACHMENTS:

1. Draft ordinance to add a new Chapter 36 – Equal Rights (redlined). 2. Draft ordinance to add a new Chapter 36 – Equal Rights (clean). CANTON COMMUNITY REQUEST FOR BOARD ACTION

MEETING DATE: June 10, 2014 AGENDA ITEM # G-1

ITEM: Petition to Appeal Denial of a Peddler’s and Solicitor’s License; Chapter 54: Peddler’s and Solicitor’s Ordinance; Sec.54-33(d)

PRESENTER: Terry Bennett

INDIVIDUALS IN ATTENDANCE: Mr. Masoud Golahmadi: Applicant and his son Mr. Sam Golahmadi

BACKGROUND: At the end of April, Mr. Masoud Golahmadi made an incomplete application for a Solicitors License for the purpose of selling Coolie Ice Cream. Mr. Golahmadi is an Ice Cream Truck (Van) vendor. Upon making application, staff in the Clerk’s office, reviewed the application and discovered a fair number of missing information. The staff informed him that the application was incomplete. It was indicated at that time that the ICHAT criminal history background provided by the applicant was not correct. It was pointed out that the date of birth on the background check and the date of birth on the applicant’s driver’s license was not the same. One or the other needed to be corrected. In addition, a staff member reviewed the application and noted to Mr. M. Golahmadi that photograph he supplied no longer looked like the applicant. The picture was outdated. He was in addition missing the required driving record from the State of Michigan, Secretary of State Office. Unhappy, Mr. M. Golahmadi left and returned a few days later (4/22/2014) with an updated picture. On 4/23/2014 he returned with the master driving record from the Secretary of State Office. He was told at this time in person, that the ICHAT did not match the date of birth on his driver’s license. He was again given the option to provide the updated information. The applicant was shown that the dates on the two did not match. He indicated that it was okay. There was no response from Mr. Golahmadi to update the ICHAT document. Staff asked Mr. Golahmadi if he wanted the application submitted to Public Safety, knowing the information was inaccurate. Mr. Golamadi said it was okay. The application was sent to Public Safety to be processed on 4/23/2014. Public Safety Records Department looked at the application on 4/24/2014. Command failed him on 4/24/2014. As a result of the incomplete application Public Safety denied the application. A letter was sent from the Clerk’s office on May 1, 2014 indicating that because the application was not fully and completely filed, the applicant was denied.

In regards to this application, Clerk Bennett contacted Ms. Kolb and indicated we had a denial for a license. We reviewed the ordinance and the options. Ms. Kolb asked for the documents to review and wished to speak with the LT. Wilsher who reviewed the application. It was confirmed that the application per the ordinance should be denied. As a result the denial letter was sent on May 1. The letter included a statement of the reason for denial and the process for which the ordinance allows for an appeal. A copy of the letter is attached.

Upon further discussion with Ms. Kolb, Clerk Bennett asked the question related to the term of the denial. Ms. Kolb indicated that she felt the term of the license was one year, thus the applicant would not be allowed to re-submit an updated application until next year.

Included in the below I have copied a memo from LT Craig Wilsher related to the police investigation into the background of the applicant.

The purpose of this appeal process is to allow the applicant to present his reasons for requesting the appeal in a public forum. The applicant shall have the right to appear and submit evidence on his behalf. Following the hearing, the board shall submit to the applicant a written statement of its findings and determinations. The Boards determination shall be based upon competent, material and substantial evidence to show satisfactory compliance with the requirements of Section 52-32 if Chapter 54, Article II, Application requirements of the Charter Township of Canton Code of Ordinances.

TO: TERRY BENNETT, TOWNSHIP CLERK

FROM: LIEUTENANT CRAIG WILSHER

DATE: JUNE 3, 2014

SUBJECT: MASOUD GOLAHMADI

The Canton Police Department conducted a background investigation for a solicitor's permit submitted by Masoud Golahmadi. The investigation revealed a reckless driving complaint on July 26, 2013, CPD case # 13-31654, where the applicant was issued a citation for reckless driving. The applicant entered into a plea deal for a reduced charge at the 35th District Court. WDIV Channel 4 covered the story on August 2, 2013, see below link: http://www.clickondetroit.com/news/Ice-cream-truck-tries-to-run-woman-s-car-into- ditch/21316180

This offense could have led to a 90 day suspension of the applicant's solicitor license. There was no action taken against the applicant's 2013 solicitor license because the incident was not brought to the attention of the Canton Township Clerk's Office.

The applicant also submitted a search result from Michigan State Police ICHAT which indicated his date of birth was 2/26/1954 when his actual birth date was 2/26/1951, which makes the ICHAT invalid. The applicant was advised during the submission process of the error and he failed to take corrective action at that time. I recommended the applicant be denied based on this fact, it is not the responsibility of township employees to correct improper paperwork although in this case a township employee advised the applicant of the improper paperwork but the applicant choose to ignore this advice.

Other incidents:

The applicant had a violation of solicitor's license offense in 2005, CPD case #10217-05.

STRATEGIC PLAN/GOALS: Meets the requirements of the Township Ordinance Chapter 54, Article II, sections 54-32 and 54-33.

ACTION REQUESTED: Hear appeal of applicant and for the Board to render an appeal determination.

BUDGET IMPLICATIONS & ACCOUNT NUMBER: N/A

IMPLEMENTATION PLAN: The Clerk’s Office will follow up with a written statement of determination required by township ordinance.

DIRECTOR’S RECOMMENDATION: Determination to be made by the Board of Trustees.

FINANCE AND BUDGET DIRECTOR’S RECOMMENDATION: N/A

SUPERVISOR'S RECOMMENDATION: Approval

*MODEL RESOLUTION:

1. I move to open the public hearing to hear the appeal of Mr. Masoud Golahmadi, regarding denial of a solicitor’s license for the purpose of selling ice cream. 2. I move to close the public hearing. 3. One of the following choices:

Option 1: I move that the determination of the Board of Trustees, upon hearing all the evidence submitted and reviewing the application documents is deny the appeal. The applicant can re-apply January of 2015.

Option 2: I move to grant the appeal contingent upon the receipt of a fully completed application for the 2014 year.

ATTACHMENTS:

May 2014 Denial letter Copy of the Application as submitted

CANTON COMMUNITY REQUEST FOR BOARD ACTION

MEETING DATE: June 10, 2014 AGENDA ITEM #G-2

ITEM: CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 18, BUSINESSES, ARTICLE III, MASSAGE, OF THE CANTON TOWNSHIP CODE OF ORDINANCES TO CHANGE THE TERM OF A MASSAGE LICENSE FROM TWO YEARS TO ONE YEAR.

PRESENTER: Terry Bennett, Clerk

INDIVIDUALS IN ATTENDANCE: None anticipated.

BACKGROUND: In a review of the various Township-issued businesses license ordinances, it was recently discovered that the massage license ordinance required an annual submission of background information, including criminal history, yet each massage license was valid for a period of two years. In order to make the submission requirements consistent for this business license, an amendment is being proposed to change the bi-annual license to an annual one.

STRATEGIC PLAN/GOALS: Provide for logical, cohesive business regulation.

ACTION REQUESTED: Introduce and table for consider ation the First Reading of an ordinance to amend Chapter 18, Businesses, Article III, Massage, Sec. 18-88, of the Township Code of Ordinances to change the term of a massage license from two years to one year.

BUDGET IMPLICATIONS & ACCOUNT NUMBER: None.

IMPLEMENTATION PLAN: A second reading will b e scheduled for June 24 2014, and if approved, the Ordinance would then be published and become effective on July 3, 2014.

DIRECTOR’S RECOMMENDATION:

FINANCE AND BUDGET DIRECTOR’S RECOMMENDATION: Approved

SUPERVISOR'S RECOMMENDATION: Approved

MODEL RESOLUTION: I move to introduce for first r eading an ordinance which am ends Chapter 18 of the Canton Township Code of Ordinances entitled Businesses.

I further move to table for consideration the pro posed text amendment to the Township Code of Ordinances and schedule a second reading for June 24, 2014.

CANTON COMMUNITY REQUEST FOR BOARD ACTION

MEETING DATE: June 10, 2014 AGENDA ITEM #G-3

ITEM: CONSIDERATION OF FIRST READING OF AN AMENDMENT TO THE CANTON TOWNSHIP CODE OF ORDINANCES, CHAPTER 38, FIRE PROTECTION AND PREVENTION, BY ADDING A NEW ARTICLE IV ENTITLED “COST RECOVERY.”

PRESENTER: Todd Mutchler, Public Safety Director

INDIVIDUALS IN ATTENDANCE: None.

EXECUTIVE SUMMARY: Canton Public Safety has been investigating a cost recovery program to minimize the tax burden to our citizens for the costs of emergency responses. Currently, the police department responds to approximately 3000 automobile accidents annually, many of which are the result of negligence of non-residents. In addition, the Township’s fire department responds to nearly 7,000 fire and medical emergencies. While some nominal costs are reimbursed to the Township, the bulk of the cost of emergency responses falls on the taxpayers with no reimbursement.

The Township is authorized by law (MCL §41.806a) to enact an ordinance to provide for collection of fees for emergency police and fire services. The proposed ordinance will authorize the Township to seek to recover the Township’s costs in responding to emergencies, everything from staff costs to property repair or replacements costs. This will help offset the costs of providing the services, particularly in the situations where non-taxpaying residents are involved.

STRATEGIC PLAN/GOALS:

ACTION REQUESTED: Introduce and table for consideration the First Reading an ordinance to amend Chapter 38, “Fire Protection and Prevention” of the Canton Township Code of Ordinances, by adding a new Article VI entitled “Cost Recovery.”

BUDGET IMPLICATIONS & ACCOUNT NUMBER: None.

IMPLEMENTATION PLAN: A second reading will be scheduled for June 24, 2014, and if approved, the Ordinance would then be published and become effective on July 3, 2014.

DIRECTOR'S RECOMMENDATION:

FINANCE AND BUDGET DIRECTOR’S RECOMMENDATION: Approved

SUPERVISOR'S RECOMMENDATION: Approved

1

MODEL RESOLUTION: I move to introduce for first reading an amendment to the Canton Township Code of Ordinances which amends Chapter 38, Fire Protection and Prevention, by adding a new Article IV entitled Cost Recovery.

I further move to table for consideration the proposed text amendment to the Township Code of Ordinances and schedule to second reading for June 24, 2014.

ATTACHMENTS: Draft ordinance to add a new Article VI, Cost Recovery, to Chapter 38 of the Canton Township Code of Ordinances.

2

CANTON COMMUNITY REQUEST FOR BOARD ACTION

MEETING DATE: June 10, 2014 AGENDA ITEM # G-4

ITEM: Consider Award of a Contract to the Mannik & Smith Group, Inc. for Inspection Service for the 2014 Sidewalk Repair Program

PRESENTER: Tim Faas, Municipal Service Director

INDIVIDUALS IN ATTENDANCE: None anticipated.

EXECUTIVE SUMMARY: Cost proposals were obtained from six of the pre-approved consulting firms for inspection services for the sidewalk repair program. Inspection will take place prior to pouring the concrete sidewalk and afterwards for final measurement of quantities. A dedicated inspector will provide the needed inspection during the months of June and July.

Proposals were evaluated and the lowest priced firm was the Mannik & Smith Group, Inc. located in Canton. Their total base price was $12,224 in which we will include our standard practice of a ten (10) percent contingency will be added resulting in a total contract award of $13,446.40 for inspection services.

STRATEGIC PLAN/GOALS: During inspection of this year's program, we will have a dedicated inspector and also utilize their services to inspect for the 2015 Sidewalk Repair Program.

ACTION REQUESTED: Consider award of the 2014 Sidewalk Repair Program inspection services base bid in the amount of $12,224.00 plus a 10% contingency of $1,224.40 for a not-to exceed amount of $13,446.40.

BUDGET IMPLICATIONS & ACCOUNT NUMBER: Funds for this work will come from the ROW maintenance account #101-447-03.801_0050 which has $45,000 budgeted for engineering.

IMPLEMENTATION PLAN: Upon approval and execution of the standard service agreement, Engineering Services will notify the consultant for inspection as it is scheduled. Inspection of the sidewalk repairs are anticipated to begin in June and be completed by the end of July.

DIRECTOR'S RECOMMENDATION: Approval

FINANCE AND BUDGET DIRECTOR’S RECOMMENDATION: Approval

SUPERVISOR'S RECOMMENDATION: Approval

MODEL RESOLUTION: I move to award a contract for the 2014 Sidewalk Repair Program Inspection Services to the Mannik & Smith Group, Inc. based on a not-to-exceed amount of $13,446.40.

ATTACHMENTS: 1. Mannik & Smith Group Proposal 2. Summary Sheet

CANTON COMMUNITY REQUEST FOR BOARD ACTION

MEETING DATE: June 10, 2014 AGENDA ITEM #G-5

ITEM: Consider Approval of a Three-Year Contract with Liqui-Force Services for Sanitary Sewer Rehabilitation and Repairs

PRESENTER: Tim Faas, Municipal Services Director

INDIVIDUALS IN ATTENDANCE: None Anticipated.

EXECUTIVE SUMMARY: Annual maintenance and repair activities are required on Canton’s aging sewer infrastructure. In late 2013, Public Works placed a new CCTV video inspection truck into service that allows staff to remotely inspect our sewer infrastructure. This new equipment has resulted in staff locating more areas within our sewer system that require repairs, as we are now able to inspect more of our sewer without equipment breakdowns. Typical repairs to main line sewers are performed by re-lining techniques and grouting at pipe joints in order to repair damaged pipes and/or eliminate ground water infiltration. These are services that Public Works contracts out, as they require specialized equipment.

In 2013, the City of Livonia and Redford Township jointly bid these services out and Liqui-Force Services was the lowest qualified bidder of three bids received. Included in the bid was a Cooperative Services Agreement that allowed other regional municipalities to utilize the accepted bid prices. Liqui-Force Services has agreed to extend these services and same unit prices to Canton Township. Public Works is requesting approval of a blanket purchase order for annual maintenance contract to provide sewer repair services equal to the 2014 budget amount of $255,500. These services will only be utilized on an “as-needed” basis.

STRATEGIC PLAN/GOALS: Continue to proactively maintain and improve our vital public infrastructure.

ACTION REQUESTED: Award a three year maintenance contract to Liqui-Force Services for sanitary sewer maintenance and repair services.

BUDGET IMPLICATIONS & ACCOUNT NUMBER: Funding to come from account #592-537.970_0050 and not exceed the 2014 budgeted amount for sewer system rehabilitation of $255,500.

IMPLEMENTATION PLAN: Upon approval by the Board of Trustees, the contract for services will be prepared and signed by the Township Clerk. A blanket purchase order will be created by Public Works staff for each year of the contractual services.

DIRECTOR'S RECOMMENDATION: Approval

FINANCE AND BUDGET DIRECTOR’S RECOMMENDATION: Approval

SUPERVISOR'S RECOMMENDATION: Approval

MODEL RESOLUTION: I move to approve the three-year contract with Liqui-Force Services of Romulus, MI for sanitary sewer rehabilitation and repairs with a not-to-exceed amount of $255,500 as specified in account #592-537.970_0050; and further authorize the Township Clerk to execute the contract on behalf of Canton Township.

ATTACHMENTS:

1. Signed 2013 contract with Livonia and Redford 2. 2013 Bid Tabulation

CANTON COMMUNITY REQUEST FOR BOARD ACTION

MEETING DATE: June 10, 2014 AGENDA ITEM #G-6

ITEM: Consider Increasing the Blanket Purchase Order for Midwest Golf and Turf by $20,000

PRESENTER: Tim Faas, Municipal Services Director

INDIVIDUALS IN ATTENDANCE: None Anticipated.

EXECUTIVE SUMMARY: Fleet Services proposes increasing the dollar amount by $20,000 for Midwest Golf and Turf. In 2009 Club Car Inc. was bought out by Midwest Golf and Turf which required us to purchase the majority of our parts from only one vendor (Midwest Golf & Turf) and subsequently increase the purchase order several times throughout the year.

Since blanket purchase orders cannot exceed $20,000 Fleet Services needs Board Approval to increase our existing purchase order. Since creating this purchase order in January with an initial $20,000 another $20,000 is required. To date we have expensed $17,715, leaving only $2,285 remaining.

STRATEGIC PLAN/GOALS: N/A

ACTION REQUESTED: Approve the purchase order increase for Midwest Golf and Turf by $20,000.

BUDGET IMPLICATIONS & ACCOUNT NUMBER: Asset charge back account number #661-550.939

IMPLEMENTATION PLAN: Upon approval by the Township Board, the Fleet Supervisor will enter the increase in LOGOS. This will permit Fleet Services to continue to service and maintain all equipment owned by the Township which is assigned to the Pheasant Run Golf Course and Park Division of CLS.

DIRECTOR'S RECOMMENDATION: Approval

FINANCE AND BUDGET DIRECTOR’S RECOMMENDATION: Approval

SUPERVISOR'S RECOMMENDATION: Approval

MODEL RESOLUTION: I move to approve the purchase order increase in the amount of $20,000 to the existing blanket purchase order with Midwest Golf and Turf.

ATTACHMENTS: 1. None CANTON COMMUNITY REQUEST FOR BOARD ACTION

MEETING DATE: June 10, 2014 AGENDA ITEM # G-7

ITEM: Consider Award of a Contract to PlantWise, LLC for Founders Woods Detention Basin Restoration

PRESENTER: Tim Faas, Municipal Services Director

INDIVIDUALS IN ATTENDENCE: N/A

EXECUTIVE BOARD SUMMARY: Following dredging and grading of the detention basin by Canton Public Works, Planning Services requested quotes from three qualified native landscape management companies to complete the restoration of the Founders Woods Detention Basin on Saltz Road. The same companies provided quotes for the invasive plant eradication and preparation work performed in 2012 and 2013.

PlantWise, LLC is the only firm that responded with a quote of $60,725.00 to perform the work to include eradication, native seeding and tree/shrub planting on slopes, and two years of maintenance. PlantWise, LLC is very well qualified to perform the work having installed and managed many native landscapes in southeastern Michigan.

Due to a recent concern expressed by the Wayne County DPS Permit Office regarding the design and capacity of the basin to accept stormwater from the proposed Hickory Ridge residential development, Canton Engineering Services recommends phasing the project to avoid potential disturbance of any new planting areas. As such, we are recommending award of Phase 1 ($30,704.27) at this time.

The project is expected to be completed with a $30,000 contribution ($25,000 for planting and $5,000 for monitoring) from the Hickory Ridge Development, LLC which has a Planned Development Agreement and site plan approval for the Hickory Ridge development. If the development agreement is not successful, the scope of the planting project for Founders Woods Detention Basin can be reduced, and additional funds may be available from the future stormwater account.

ACTION REQUESTED: Approval of a first phase of the project to perform minor eradication, planting of the upper slopes of the basin, maintenance of the plants, and erosion control seeding of bare slopes from recent dredging for the amount of $30,704.27.

BUDGET IMPLICATIONS: The funds for this project are available in two accounts: $15,704.27 in #101-283.003 (Lewiston/Founders Woods Bond), and $15,000 in #592- 445.930_0050 (Stormwater).

IMPLEMENTATION: Engineering Services and Planning Services will advise affected parties once a contract is executed and P.O. approved.

STRATEGIC PLAN/GOALS: N/A

DIRECTOR'S RECOMMENDATION: Approval

FINANCE AND BUDGET DIRECTOR'S RECOMMENDATION: Approval

SUPERVISOR'S RECOMMENDATION: Approval

MODEL RESOLUTION:

I move to approve award of Phase 1 of the proposal for Founders Woods Detention Basin Restoration to PlantWise, LLC for a total amount not to exceed $30,704.27.

ATTACHMENTS:

1. Proposal from PlantWise, LLC