GRAND RAPIDS CHARTER TOWNSillP REGULAR TOWNSillP MEETING 1836 EAST BELTLINE N.E. AGENDA

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1 1. Pledge of Allegiance. GRAND RAPIDS CHARTER TOWNSillP REGULAR TOWNSillP MEETING 1836 EAST BELTLINE N.E. March 18, :00p.m. AGENDA 2. Brief Public Comment. (Brief 2-3 minutes per person relating to agenda items). *3. Approve minutes of the regular Township Board meeting ofmarch 4, *4. Consider bills to be paid. *5. Consideration of tabled employment requests from March 4 meeting. *6. Consideration ofhiring a non-regular employee for election work. *7. Consideration ofthe 2014 neighborhood road maintenance projects. *8. First reading of the Consumers Energy Electric Franchise Ordinance. Board Comments Public Comments - Please limit comments to less than 5 minutes and state your name and address for the Recording secretary. Adjournment

2 GRAND RAPIDS CHARTER TOWNSHIP REGULAR TOWNSHIP BOARD MEETING March 4, 2014 A meeting of the Grand Rapids Charter Township Board was called to order at 7:00pm by Supervisor Michael DeVries. The meeting was held in the Township Hall. The following were present: Supervisor Michael DeVries, Clerk Edward Robinette, Treasurer Chris Afendoulis, and Trustees Rusty Merchant and Lee Van Papering. Trustees Robert Roth and David Van Dyke were absent. There were two people in the audience. 1. PLEDGE OF ALLEGIANCE. 2. BRIEF PUBLIC COMMENT. There was no public comment. 3. APPROVE MINUTES OF THE REGULAR TOWNSHIP BOARD MEETING OF FEBRUARY 18, Lee Van Papering, seconded by Rusty Merchant, moved approval of the minutes as presented. The motion passed unanimously. 4. CONSIDER CASH DISBURSEMENTS. Rusty Merchant, seconded by Lee Van Papering, moved approval of the Cash Disbursements as presented. The motion passed unanimously. 5. CONSIDER BILLS TO BE PAID. Rusty Merchant, seconded by Lee Van Papering, moved payment of the Bills as presented. The motion passed unanimously. 6. CONSIDER POLICY CHANGE REGARDING TAX PAYMENTS AND POSTMARKS. Rusty Merchant, seconded by Lee Van Papering, moved approval of the policy change as presented. The motion passed unanimously. 7. CONSIDER APPROVAL OF AN INITIAL AID AGREEMENT WITH ADA TOWNSHIP FOR STRUCTURE FIRES. Lee Van Papering, seconded by Rusty Merchant, moved approval ofthe Initial Aid Agreement as presented. The motion passed unanimously. 8. CONSIDER ACCEPTANCE OF THE RESIGNATION OF BARB GRISWOLD. Chris Afendoulis, seconded by Rusty Merchant, moved to table this item. The motion passed unanimously. 9. CONSIDER APPROVAL OF REQUEST TO HIRE JULIA ROTHWELL. Chris Afendoulis, seconded by Rusty Merchant, moved to table this item. The motion passed unanimously.

3 GRAND RAPIDS TOWNSHIP REGULAR BOARD MEETING March 4, 2014 Page 2 of2 10. PRESENTATION AND DISCUSSION OF THE RIGHT PLACE 2013 ANNUAL REPORT AND 2014 STRATEGIC PLAN. The Board received the rep011 and strategic plan from The Right Place, Inc. BOARD COMMENTS: There were none. PUBLIC COMMENTS: John Decker, resident of Plainfield Township, introduced himself as a candidate for State Representative for the 73'd district. The meeting adjourned at 7:13 pm. Edward J. Robinette, Clerk GRAND RAPIDS CHARTER TOWNSHIP

4 03/04/ : 31 PM User : BGRISWOLD DB : Grand Rapids To Claimant INVOICE APPROVAL BY VENDOR REPORT FOR GRAND RAPIDS TOWNSHIP EXP CHECK RUN DATES 03/04/ /04/2014 UN JOURNALIZED BOTH OPEN AND PAID Amount Claimed Amount Owed 13b Page: 1/1 Amount Rejected 1. COMCAST 2. CONSUMERS ENERGY 3. DTE ENERGY ***TOTAL ALL CLAIMS***

5 03/11/ : 52 AM INVOICE APPROVAL BY VENDOR REPORT FOR GRAND RAPIDS TOWNSHIP User : BGRISWOLD EXP CHECK RUN DATES 03/21/ /21/2014 DB : Grand Rapids To UN JOURNALIZED BOTH OPEN AND PAID Claimant Amount Claimed Amount Owed BD Page: 1/1 Amount Rejected 1. ABSOPURE WATER CO. 2. ADVANCE NEWSPAPERS 3. APPLIED IMAGING 4. CAPITAL ONE COMMERCIAL 5. COMCAST 6. CONSUMERS LIFE INSURANCE COMPANY 7. ELECTION SOURCE 8. EVERGREEN UNDERGROUND 9. FIRE PROS INC. 10. FLEET SERVICES - WEX BANK 11. GENUINE PARTS CO- GRAND RA 12. GRAND RAPIDS CITY- WTR SYS 13. IAFC MEMBERSHIP 14. JAGER APPRAISAL 15. KATERBERG VERHAGE LANDSCA 16. KCI 17. KENT COUNTY DRAIN COMMISS 18. KENT COUNTY TREASURER 19. KENT RECORD MANAGEMENT INC 20. LOWE I s 21. MARATHON FLEET - WEX BANK 22. OFFICE DEPOT 23. PLEUNE SERVICE COMPANY 24. RADAKOVITZ, ROBERT 25. RT LONDON 26. SIEGFRIED CRANDALL PC 27. STAPLES CREDIT PLAN 28. TDS METROCOM 29. TIME EMERGENCY EQUIPMENT 30. WEST SHORE FIRE ***TOTAL ALL CLAIMS*** , , , , , , ,

6 MIC HAEL J. DEVRIES S UPERVISOR EDWARD J. R OBINETTE CLERK CH R IS AFENDOU LI S TREASURER R USTY MERCHANT R obert W. RoTH TRUSTEE D AVID A. VANDYKE LEE V AN P OPERING March 18, 2014 Item#_5_ TO: FROM: RE: Grand Rapids Charter Township Board oftrustees Michael J. DeVries Township Supervisor Items tabled from the March 4 Township Board Meeting RECOMMENDATION Consider the cancellation of the consideration ofthe resignation ofbarb Griswold and the consideration to hire Julia Rothwell. BACKGROUND Barb Griswold is maintaining her position as a Grand Rapids Township employee and Julia Rothwell will be considered as a non-regular employee EAST BELTLINE N. E. GRAND RAPIDS, Ml PHONE: (616) FAx: (61 6 ) WEB SITE :

7 M ICHAEL J. DEVRIES SUPERVISOR E DWARD J. R OBINETTlo CLERK CHRIS AFENDDULIS TREASURER Ru sty MERCHANT T RusTEr R obert W. ROTH TRUSTCC D AVID A. V AN D YI(L L EE V.li. N P OPERIN< > TRUSTEE Item# 8 March 4, 201 TO: FROM: Grand Rapids Charter Township Board of Trustees Michael J. DeVries Township Supervisor lli: ~ Resignation of receptionisl, arb Griswold RECOMMENDATION Consider acceptance of the resignation of receptionist, Barb Griswold, effective March 7, 2014 and approve a $ contractual arrangement for consulting through March 31, BACKGROUND Barb has been great and her resignation is accepted with regret EAST BELTLINE N. E. GRAND RAPIDS. Ml PHONE: (616J F Ax:!616) WEB SITE : www. GRANDRAPIDSTWP.ORG

8 MIC H AEL J. D EVRIES SUPERVISOR E DWARD J R OBINETTE CLERK CHRIS A FENDOULIS T REASURER R usty M ERCHANT R OBERT W. R OTH D AVID A. VAN D YKE L EE V AN P OPERIN( Item# 9 March 4, 201 <1 TO: FROM: Grand Rapids Charter Township Board of Trustees Michael J. DeVries Township Supervisor Reguest to hire!juliajiruthwell RECOMMENDATION Consider approval of the request to hire Julia Rothwell. BACKGROUND Julia will take on the receptionist duties due to the resignation of Barb Griswold EAST BELTLINE N. E. GRAND RAPIDS, Ml PHONE : <616) F AX: (616) W EB S ITE:

9 M ICH A EL J. DEVR IES S upervisor E DWAR D J. R O BI N ETTE C LERK CH R IS AFE N D OU LI S T REASURER R usty M ERCHANT R OBERT W. R OTH D AV ID A. V AN D YKE L EE V AN P OPERIN G March 18, 2014 Item# 6 TO: FROM: RE: Grand Rapids Charter Township Board oftrustees Michael J. De Vries Township Supervisor Consider the hiring of a non-regular employee RECOMMENDATION Consider the approval to hire Julia Rothwell as a non-regular employee with a compensation of$14.00 per hour. BACKGROUND Clerk Robinette will need additional support help for the 3 elections that are to be held this year EAST BELTLINE N. E. GRAND RAPIDS, Ml PHO NE: (616) F AX : (616) WEB SITE: IDST WP.ORG

10 MICHAEL J. DEVRIES SuPERVISOR E DWARD J. R OBINETTE CLERK CHRIS AFENDOULIS T REASURER R usty MERCHANT TRUSTEE R obert W. R oth D AVID A. V AN D YKE TR USTEE L EE V ANPOPERING TRUSTEE March 18, 2014 Item# 7 TO: FROM: RE: Grand Rapids Charter Township Board of Trustees Michael J. De Vries Township Supervisor 2014 Season Neighborhood Road Projects RECOMMENDATION Consider authorization for the mill and repave of Greenbrier Drive, Baywood Drive and Heather Lane in the Greenbrier/Forest Hills neighborhood in partnership with the Kent County Road Commission. BACKGROUND See attached agreement and map EAST BELTLINE N.E. GRAND RAPIDS, Ml PHONE: (616) FAX: (6 16) WEB SiTE:

11 KENT COUNTY ROAD COMMISSION LOCAL ROAD CONSTRUCTION AUTHORIZATIO Date: Project: Surface Treatments Work Order Number:. _ Township: Type of Work: Grand Rapids ~~ Mill and Repave Length: 2.13 Miles Location: Greenbriar Dr (Forest Hill Ave to M-21), Baywood Dr (Greenbriar Dr to Carnoustie Ave) Heather Lane (Forest Hill Ave to Greenbriar Dr) Do Sanitary Sewers exist on project? Yes X No Work Order for Sanitary Sewers # System Date: FINANCING TOTAL BUDGET ESTIMATE: $ 550, ~ KCRC Share Township Share Other $ 275, $ 275, $ Expended $ $ $ Expended $ $ $ Expended $ $ $ Project Complete: Project Carry Over: Note: Estimate Cost Valid Until December 31, 2014 At a meeting of the Township Board held on, the above estimate was approved. The Road Commission is authorized to proceed to accomplish the work and to bill the Township for all direct costs charged to the project plus an administrative overhead charge of eleven (II%) of the total direct costs so charged, and the Township hereby agrees to pay same in full. Direct costs include any payments for engineers and other consultants, materials, force account labor and fringes, equipment rental, advertising, and printing. The overhead cost is included in the above estimate. Remarks: Paving done by contractor and prep-work and inspections done by Kent County Road Commission Local Construction and Maintenance Division. Approved by: Date: Note: For correct processing, please return this work order to the attention of the Maintenance Department of the K.C.R.C. Fax Number

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13 MICHAEL J. DEVRIES SUPERVISOR EDWARD J. R OBINETTE CLERK CHRIS AFENDOULIS TREASURER RUSTY MERCHANT R obert W. RoTH DAVID A. VANDYKE TRUSTEE LEE V AN P OPERING Item# 8 March 18, 2014 TO: FROM: RE: Grand Rapids Charter Township Board of Trustees Michael J. DeVries Township Supervisor Consumers Energy Franchise Agreement RECOMMENDATION First reading of Ordinance No. 496 regarding: the Consumers Energy Electric Franchise. BACKGROUND See attached memo. consideration. Item will move to the April 1, 2014 meeting for adoption 1836 EAST BELTLINE N.E. GRAND RAPIDS, Ml PHONE: (616) F Ax: (616) WEB SITE:

14 Mika Meyers Beckett & JonesPLC 900 Monroe Avenue NW Grand Rapids, Ml Tel Fax Web mmbjlaw.com Attorneys at Law James R. Brown John M. DeVries 5 Michael C. Haines 6 John T. Sperla David R. Fernstrum James K. White Timothy J. Tornga 5 Mark A. Kehoe Fredric N. Goldberg John H. Gretzinger Douglas A. Donnell 5 Daniel R. Kubiak Scott E. Dwyer William A. Horn 8 Mark A. Van Allsburg Neil L. Kimball Elizabeth K. Bransdorfer Eric S. Richards John C. Arndts James F. Scales Ross A. Leisman Neil P. Jansen Andrea D. Crumback Daniel J. Parmeter, Jr. Mark E. Nettleton 3 Nathaniel R. Wolf Jennifer A. Puplava Benjamin A. Zainea Ronald M. Redick Kimberly M. Large 1 Matthew E. Fink 6 Nikole L. Canute 4 Amy L. VanDyke Daniel J. Broxup Joshua D. Beard Scott. A. Hughes Of Counsel Steven L. Dykema Daniel J. Kozera, Jr. Larry J. Gardner Leonard M. Hoffius 1 Claude L. Vander Ploeg Ronald J. Clark Stephen J. Mulder Scott S. Brinkmeyer Scott D. Broekstra 7 Retired Veryl N. Meyers Also Admitted In 'Colorado 1 Delaware 3 1llinois 4 New York 5 0hio 6 Pennsylvania 7 Texas 8 Wisconsin March 4, 2014 Mr_ Michael J. DeVries Township Supervisor Charter Township of Grand Rapids 1836 East Beltline Avenue, N.E. Grand Rapids, MI Re: Consumers Energy Franchise Dear Mike: The existing Consumers Energy franchise had a ten-year term, expiring April 20, Consumers Energy has proposed this franchise be renewed, with a 30-year term. Because the franchise will not be voted upon by the electors, it is revocable by either party. In any event, it seems exceedingly unlikely that that would ever occur. Therefore, we recommend that the franchise be renewed with a 30-year term. Enclosed is an ordinance granting a 30-year franchise to Consumers Energy. This is based on the format provided by Consumers Energy, which was adopted by Plainfield and Georgetown Townships. Consumers did, however, remove several provisions which were in the Township's prior franchise. Several of the provisions concerning the acquisition of easements by Consumers and compliance with the National Electrical Safety Code, are unnecessary. A provision regarding prior notification of tree tritmning to adjoining property owners has been replaced with providing that such tree trimming will be conducted under the supervision of the highway and road authorities. In addition, a provision requiring Consumers to relocate its facilities at its expense to make way for the installation of public improvements has been removed. The Michigan Supreme Court has ruled that applicable rules of the Michigan Public Service Commission preempt local requirements pertaining to relocation in the context of installing underground facilities. We do not believe that removing this provision necessarily means that Consumers { I }

15 Mr. Michael J. DeVries March 4, 2014 Page 2 could not be required to relocate its facilities for public improvement projects m other circumstances. We did, after discussing this with Consumers and obtaining their agreement, add back language fi om the prior franchise requiring that Consumers return the right-of-way to its prior condition, following any work by Consumers. In addition, we added back a provision into the "Hold Harmless" clause requiring that Consumers indemnify the Township for actions of its contractors and subcontractors. The Township may have a "first reading" of the franchise ordinance at its March 18, 2014 meeting. We will arrange to have the notice of posting published in the newspaper on March 23,2014. The ordinance may be adopted at the April 1, 2014 meeting. Following adoption, the ordinance is to be published in full, which is Consumers Energy's preference. Consumers will reimburse the Township for the cost of publication. Please call if you have any questions. Thank you. Very truly yours, ~1-~~ ~es F. Scales pjr Enclosure By Direct Dial/Fax (616) jscales@mmbjlaw.com cc: Kara Hammond James R. Brown { I}

16 CHARTER TOWNSHIP OF GRAND RAPIDS COUNTY OF KENT, MICHIGAN At a regular meeting of the Township Board of the Charter Township of Grand Rapids, held in the Township Hall, 1836 East Beltline A venue, N.E., Grand Rapids, Michigan, on the day of, 2014, at 7:00p.m. PRESENT: ABSENT: The following ordinance was offered by Member and supported by Member ORDINANCE NO. CONSUMERS ENERGY COMPANY ELECTRIC FRANCHISE ORDINANCE An ordinance, granting to Consumers Energy Company, its successors and assigns, the right, power and authority to construct, maintain and commercially use electric lines consisting of towers, masts, poles, crossarms, guys, braces, feeders, transmission and distribution wires, transformers and other electrical appliances on, under, along and across the highways, streets, alleys, bridges, waterways, and other public places, and to do a local electric business in the Charter Township of Grand Rapids, Kent County, Michigan, for a period of thirty years. THE CHARTER TOWNSHIP OF GRAND RAPIDS ORDAINS: Section 1. Grant; Term. The Chmier Township of Grand Rapids, Kent County, Michigan (the "Township") hereby grants the right, power and authority to the Consumers Energy Company, a Michigan corporation, its successors and assigns, hereinafter called the "Grantee," to construct, maintain and commercially use electric lines consisting of towers, masts, poles, crossarms, guys, braces, feeders, transmission and distribution wires, transformers and other electrical appliances for the purpose of transmitting, transforming and distributing electricity on, under, along { I }

17 and across the highways, streets, alleys, bridges, waterways, and other public places, and to do a local electric business in the Township, for a period of thirty (30) years. Section 2. Consideration. In consideration of the rights, power and authority hereby granted, said Grantee shall faithfully perform all things required by the terms hereof. Section 3. Conditions. No highway, street, alley, bridge, waterway or other public place used by said Grantee shall be obstructed longer than necessary during the work of construction or repair, and shall be restored to the same order and condition as when said work was commenced. The Grantee and its contractors and subcontractors shall, at Grantee's sole cost and expense, repair and leave the Public Way in the same order and condition as before said work was commenced. In the event that the Grantee or its contractors or subcontractors fail to make such repair within a reasonable time, the Kent County Road Commission ("KCRC") shall be entitled to complete the repair and the Grantee shall pay the costs for such repair. Should the KCRC not complete the repair and the Township elects to undertake such repair, through its contractors or subcontractors, Grantee shall then pay the costs of the Township for such repair. In the event, however, that the Township undertakes such repair, such repair is deemed unacceptable by the KCRC, the KCRC incurs costs in making subsequent repairs to the Public Way, and the KCRC demands payment from Grantee for such subsequent repair work, then Grantee may deduct any payment made to the KCRC for such subsequent repair work from the costs owed to the Township. If no costs remain owing to the Township, then the Township will reimburse Grantee for such payments made to the KCRC under this paragraph. All of Grantee' s structures and equipment shall be so placed on either side of the highways as not to unnecessarily interfere with the use thereof for highway purposes. All of Grantee's wires carrying electricity shall be securely fastened so as not to endanger or injure persons or prope11y in said highways. The Grantee shall have the right to trim trees if necessary in the conducting of such business, subject, however, to the supervision ofthe highway authorities. { I} 2

18 Section 4. Hold Harmless. Said Grantee and its contractors and subcontractors shall at all times keep and save the Township free and harmless from all loss, costs and expense to which it may be subject by reason of the negligent construction and maintenance of the structures and equipment hereby authorized (whether by the Grantee or by the Grantee's contractors and subcontractors). In case any action is commenced against the Township on account of the permission herein given, said Grantee shall, upon notice, defend the Township and save it free and harmless from all loss, cost and damage arising out of such negligent construction and maintenance. Section 5. Extensions. Said Grantee shall construct and extend its electric distribution system within said Township, and shall furnish electric service to applicants residing therein in accordance with applicable laws, rules and regulations. Section 6. Franchise Not Exclusive. The rights, power and authority herein granted are not exclusive. Section 7. Rates. Said Grantee shall be entitled to charge the inhabitants of said Township for electricity furnished therein, the rates as approved by the Michigan Public Service Commission, to which Commission or its successors authority and jurisdiction to fix and regulate electric rates and rules regulating such service in said Township, are hereby granted for the term of this franchise. Such rates and rules shall be subject to review and change at any time upon petition therefor being made by either said Township, acting by its Township Board, or by said Grantee. Section 8. Revocation. The franchise granted by this ordinance is subject to revocation upon sixty ( 60) days' written notice by the party desiring such revocation. Section 9. Michigan Public Service Commission; Jurisdiction. Said Grantee shall, as to all other conditions and elements of service not herein fixed, be and remain subject to the reasonable rules and regulations of the Michigan Public Service Commission or its successors, applicable to electric service in said Township. { I } 3

19 Section 10. Repealer. This ordinance, when accepted and published as herein provided, shall repeal and supersede the provisions of an electric ordinance adopted by the Township on April 20, 2004 entitled: AN ORDINANCE, granting to Consumers Energy Company, its successors and assigns, the right, power and authority to construct, maintain and commercially use electric lines consisting of towers, masts, poles, crossarms, guys, braces, feeders, transmission and distribution wires, transformers and other electrical appliances on, under, along and across the highways, streets, alleys, bridges, waterways, and other public places, and to do a local electric business in the Charter Township of Grand Rapids, Kent County, Michigan, for a period often years. and amendments, if any, to such ordinance whereby an electric franchise was granted to Consumers Energy Company. Section 11. Publication/Effective Date. This Ordinance shall take effect upon the day after the date of publication thereof; provided, however, it shall cease and be of no effect after thirty days from its adoption unless within said period the Grantee shall accept the same in writing fil ed with the Township Clerk. Upon acceptance and publication hereof, this ordinance shall constitute a contract between said Township and said Grantee. AYES: NAYS: ORDINANCE DECLARED ADOPTED. Michael J. DeVries, Supervisor Charter Township of Grand Rapids I hereby certify that the foregoing is a true and complete copy of an Ordinance adopted by the Township Board of the Charter Township of Grand Rapids at a public meeting held on the date first stated above, and I further certify that public notice of such meeting was given as provided by law. Edward J. Robinette, Clerk Charter Township of Grand Rapids { I } 4