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__________________________________________________________________________________________________

Items Highlighted are Action Items

A COPY OF THE TOWNSHIP BOARD MEETING RULES OF ENGAGEMENT CAN BE FOUND ON THE COUNTER AT THE

BACK OF THE ROOM

Meeting called by Supervisor Rob DeWard

Attendees: Supervisor Rob DeWard, Clerk Michael Brew, Treasurer Laurie Lemke, Trustees Tim Haagsma, Crystal

Osterink, Kathy VanderStel

Absent with prior notice: Trustee Dan Fryling

CALL TO ORDER AND ATTENDANCE AT 3:00 PM

Declaration of any Conflict of Interest

Approval of Agenda

Recognition of Individuals and/or Delegations Limit 3 Minutes

I. New Business – Action items

a. Township’s continued reaction to COVID-19.

i. Directive to Supervisor

b. Consent to Grade Agreement – Temporary Construction Easement Cook’s Crossing South

c. Allow casual attire for employees while building is closed to general public

d. Schoen Property – Phase II Environmental Assessment

e. Building Department administrative position

i. Permission to proceed with hiring

f. Township Manager Position

i. Decision was made to proceed – There was no discussion regarding recruiting. Draft

recruiting brochure is attached.

g. Sanitizing of office building

i. Meyer Cleaning is taking extra steps (sanitizing all door knobs, surfaces, etc.) each

cleaning at no extra charge. They can “fog” our building if we would like, quote

attached.

II. Informational Items:

a. MTA Q&A on Township considerations for COVID-19 planning

b. Governor’s directive on allowing teleconferencing

c. No water service shut-offs during COVID-19 Pandemic

PRELIMINARY * AGENDA

GAINES CHARTER TOWNSHIP BOARD OF TRUSTEES

MEETING

March 20, 2020

Opening Prayer 2:55 ~ Rob DeWard

Pledge of Allegiance to the Flag

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III. COMMENTS & DISCUSSION

1) Township Board

2) Supervisor

3) Miscellaneous

IV. ADJOURNMENT

1) The next regular Township Board meeting will be held April 13, 2020

Any interested persons are invited to attend and participate. Persons with disabilities needing any special

accommodations should contact the Township offices one week prior to the meeting to request mobility, visual

or any other assistance. *Preliminary Agenda – Subject to Change*

Gaines Charter Township

Memo To: Gaines Charter Township Board

From: Robert DeWard, Township Supervisor

Date: March 19, 2020

Re: Township’s Continued reaction to COVID-19

ACTIONS TAKEN TO DATE: March 9th Fire stations closed to general public and went to emergency only respond status March 13th Reserved lower level of Township hall to help employees who were in position that they had to bring their children to work

March 13th Encouraged social distancing (employees/residents/visitors to Township Hall) – notification posted on website and notices hung on doors

March 13th KDL closed all branches

March 17th Closed Township hall to general public – notification posted on website and notices hung on doors

March 17th Salaried employees began to revise schedules and/or work from home to accommodate

child care and/or health related circumstances (i.e. immunocompromised). March 18th All community room reservations thru the end of April canceled and/or rescheduled March 18th Cleaning company contacted to ensure “higher level” of sanitation, inquire about

“fogging” of building March 18th Township Board of Trustees meeting called to determine continued reaction to COVID-

19

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QUERIES AND SUGGESTED SOLUTIONS:

• Thresholds:

o Do we set thresholds for further action?

o If so, do we follow Federal/State/County guidelines?

Suggested action: Give Supervisor authority make this decision calls using Federal/State/County alerts, restrictions as guidelines, without calling a special Board meeting. Reasoning – Supervisor is very familiar with each individuals’ “special” circumstances.

• Reduce Staff level:

o How do we determine which employees stay/leave?

o Allow more employees to work from home?

o Close building and allow all employees to work from home?

Suggested action: Give Supervisor authority to decide if and when to close the building, using Federal/State/County alerts, restrictions as guidelines, without calling a special Board meeting. Where feasible allow employees to work from home. It is very easy to set-up remote access to their computers. If building is closed: Allow all employees one week (equal to their normal number of scheduled hours) additional paid personal time off. Not all employees can conduct all their work at home. Individuals who work from home or have to come in (payroll, record payments, etc.) will still be granted one additional week of paid personal time off.

Scenario: Office building closed for one week. Employee A – works from home 12 hours of the one week (3 half days). At the end of the week they will still have 1 ½ days of the additional paid personal time off remaining, which will be added to their existing personal paid time off. This paid leave will not carry over to the following year.

ALL KDL FACILITIESARE CLOSED UNTILFURTHER NOTICE

Digital downloads of books, movies,music, magazines, online services andmore are available online at KDL.org

Gaines Charter Township is committed to the safety and well-being of the public and our employees and,

therefore, effective March 17, 2020 the Gaines Charter Township offices, including the Building Department, will

be closed to the public to help stop the spread of COVID-19.

The Township will:

1. Continue to function and provide necessary services to the best of our ability. However, staffing levels

may be reduced to minimize exposures.

2. Emergency Fire and Rescue services will continue without reduction or interruption. (Fire stations are

closed to the general public).

3. We encourage you to contact us via phone or email. Visit our website www.gainestownship.org , look

up the department you need to connect with to obtain contact information. If you aren’t sure who you

should talk to, you may also call 616-698-6640 and press * for an operator, or email

info@gainestownship.org.

EMERGENCY NOTIFICATION

OFFICES CLOSED TO PUBLIC

Visit gaineschartertownship.org

• Report an issue online

• Complete a Permit form

• Browse Help Me (FAQ’s)

• Make Utility payments

• Pay for a permit

• Contact us with general inquiries

Call us at 616-698-6640

• Listen to recording for appropriate

department or press * for an operator

• Use the online personnel directory to

locate employee’s contact number

We will continue to be fluid with our response as this issue is continuously changing. As always, we remain committed to our residents, businesses, visitors and employees. The Township will follow the recommended steps, and we ask that our residents follow established best practices while in the community:

PAYMENTS

• Use the after-hours drop box

• Utilize your bank on line payments feature

• Make payments via our website at www.gainestownship.org

• Phone in your payments at 616-499-2045

Email Us!

• Use the online personnel directory to

locate employee’s email address

• Don’t know who to email?

Email info@gainestownship.org and we’ll

direct your inquiry to the right person

March 17, 2020 3:10PM

EMERGENCY NOTIFICATION

Gaines Charter Township is committed to the safety and well being of the public and our

employees and, therefore, effective immediately the Gaines Charter Township offices, including

the Building Department, will be closed to the public to help stop the spread of COVID-19.

The Township will:

1. Continue to function and provide necessary services to the best of our ability. However,

staffing levels may be reduced to minimize exposures.

2. Emergency Fire and Rescue services will continue without reduction or interruption. (Fire

stations are closed to the general public).

3. We encourage you to contact us via phone or email. Visit the page for the department

you need to connect with to obtain contact information. If you aren’t sure who you

should talk to, you may also call 616-698-6640 and press * for an operator, or email

info@gainestownship.org.

4. For payments:

a. Use the after-hours drop box

b. Utilize your bank on line payments feature

c. Make payments via this website, visit ONLINE SERVICES

d. Phone in your payments at 616-499-2045

5. Building Department:

a. Use the online application forms and payment options b. Application/plan submittals may be dropped off (a collection box will be provided

in the main entrance lobby). Phone inquiries call 616-438-9076 or 616-433-8560 c. Inspections for furnaces, water heaters, and A/C units will be suspended until

further notice. Inspections for new construction will continue. Inspections of renovations to existing structures will be handled on a case by case basis.

6. For election and voter information visit Michigan.gov/vote We will continue to be fluid with our response as this issue is continuously changing. As always, we remain committed to our residents, businesses, visitors and employees. The Township will follow the recommended steps, and we ask that our residents follow established best practices while in the community:

• Practice good hand hygiene • Cover coughs and sneezes • Stay home if you are stick

Together, we can help to lessen the potential for human-to-human transmission of the virus.

CONSENT TO GRADE AGREEMENT

( Temporary Construction Easement )

For the sum of less than One Hundred Dollars ($100.00), the Charter Township of Gaines, whose mailing address is 8555 Kalamazoo Avenue SE, Caledonia, Michigan 49316 (the “Grantor”) being the owner of certain real estate hereinafter described, grants to West Michigan Development Company, whose address is 1188 East Paris Ave., Ste 100, Grand Rapids, Michigan 49546 and its agents and contractor(s) (the “Developer”) a CONSENT TO GRADE including the right of entry for work and construction activities, to modify the slope and grade of the ground, to remove trees, shrubs, and vegetation as required, and to restore disturbed areas in, over, and upon the following parcel of land, located in the SE 1/4 of Section 17 (T5N, R11W), County of Kent, State of Michigan, as depicted on the attached Grading Exhibit and described as follows: The West 15 feet of the North 500 feet of that part of the SE 1/4, Section 17, T5N, R11W, Gaines Township, Kent County, Michigan, described as: Commencing at the South 1/4 corner of said Section 17; thence N00°44’31”E 1324.72 feet along the North-South 1/4 line to the North line of the SW 1/4 of said SE 1/4; thence S89°48’04”E 799.85 feet along said North line; thence S00°45’19”W 888.19 feet; thence S89°46’05”E 75.84 feet; thence S00°45’19”W 437.00 feet to the South Section line; thence N89°46’05”W 875.38 feet along said South Section line to the place of beginning.

West Michigan Development Company, being the developers of the Cook’s Crossing South (Phase 2) project that the proposed improvements are required for, are represented by Don DeGroot, Exxel Engineering Inc., whose address is 5252 Clyde Park Ave., Grand Rapids, Michigan 49509 and can be contacted with any questions at (616) 531-3660 or ddegroot@exxelengineering.com during normal business hours.

The work will be completed in conformance with plans prepared for this project by Exxel Engineering Inc., and reviewed by the Grantor. The work will progress under the supervision of Exxel Engineering and under the control of West Michigan Development Company’s contractor (to be determined).

The improvements and work items are generally described as follows: to modify the slope and

grade of the ground, to remove trees, shrubs, and vegetation as required, and to restore disturbed areas, as depicted on the attached Grading Exhibit.

This agreement shall be effective upon execution and shall expire upon completion of construction and approval of final restoration by the Grantor.

The undersigned hereby covenant that they are the sole owners of the above described parcel of land.

[ signature(s) on next page ]

Signed this day of , 2020.

GRANTOR: CHARTER TOWNSHIP OF GAINES By: __________________________ Name: Its: __________________________

Drafted by: James Swanson Exxel Engineering, Inc. 5252 Clyde Park Ave., SW Grand Rapids, MI 49509 172116/Documents/ConsentToGradeAgreement – Gaines twp.

Gaines Charter Township Employment Opportunity

[Company name]

Gaines Charter Township Employment Op-

portunity

Township Manager

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Gaines Charter Township, Kent County, MI is

pleased to announce the recruitment and selection pro-

cess for a Township Manager.

This profile provides background information on the community and organization.

Knowledge, skills and abilities required for the position are also outlined.

The Township Manager will serve under the direction of the Township Board, as the chief

administrative officer of the Township, overseeing and coordinating all aspects of our full-

service operations (general government, fire/rescue, law enforcement, planning-zoning,

building, assessing, water & sewer) for our growing residential and commercial community.

Established in 1848, Gaines Charter Township continues to be a viable, fiscally stable, grow-

ing community. The population has grown from 20,112 at the 2001 census to an estimated

29,500 at the 2020 census.

Located just 21 minutes south east of downtown Grand Rapids, Gaines Charter Township is

a diverse, dynamic community which places a high value on family life, good moral stand-

ards, a sense of community and a desire to enrich the lives of all its residents. Living in

Gaines Township offers residents a sparse suburban feel, with big town amenities.

Traveling our well-maintained streets, you will find major chain retailers, four parks, two

trail systems, golf courses, restaurants, a multi-screen theater, banks/credit unions, three

public school districts, charter schools, parochial schools and a diverse group of churches.

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• Approximately 60 miles from the

center of State Government, Lan-

sing, MI

• Excellent health care facilities in-

cluding Spectrum Health, Mercy

Health, Pine Rest, and the Metro

Health System

• Multiple golf courses, a short drive

to many recreational opportunities

(canoeing, kayaking, skiing, boat-

ing)

• Proximity to higher education –

Cornerstone University, University

of MI, MI State University, Aquinas

College, Central MI University,

Grand Valley State University, Dav-

enport University, Northern MI

University and more

• Local farmers markets and minor

league baseball

COMMUNITY

Gaines Charter Township measures just

over 35.7 square miles and boasts an esti-

mated population of 29,500, with an annual

operating budget of roughly $4.3 million.

Our community of residents strongly value the

traditions of quiet, residential properties; how-

ever, they recognize the Township is not just a

place to live and play. Manufacturing, retail,

health care, and food service companies also

abound in the Township; including Switch, Am-

azon and Steelcase.

The Township is ideally located and is close to

many conveniences and attractions, including:

• Gerald R. Ford International Airport

• Access to major highways, I-96, I-196, I-

296, US 131

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THE ORGANIZATION

The administrative staff consists of elected

officials and 12 full time employees; Town-

ship Supervisor, Executive Secretary, Clerk,

Deputy Clerk, Treasurer, Deputy Treasurer,

Planning/Zoning Administrator, Water &

Sewer Administrator, Water & Sewer Clerk,

Building Inspector, Departmental Adminis-

trative Assistant, Assessor, and Assistant

Assessor. Departments also utilize part-time

employees.

The Township is serviced by two fire depart-

ments located in Dutton and Cutlerville.

The Dutton Fire Department covers the ma-

jority of the Township and the Cutlerville

Department covers the smaller more popu-

lated area of the Township. Both depart-

ments receive and give aid to neighboring

departments as needed.

Since 1995, the Kent County Sheriff’s South

Substation has been in full operation serv-

ing Gaines, Caledonia, and Byron Township.

The department has several 24/7 Gaines

Charter Township dedicated patrol units

and a Township dedicated Community Po-

licing Officer.

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THE IDEAL CANDIDATE

The ideal candidate will have an unblem-

ished track record and impeccable ethics,

with three to five years of municipal experi-

ence. In order to be considered as a quali-

fied applicant, respondents are expected to

have attained:

• A Bachelor’s Degree in Public Administration or

Business Administration

• Five years management experience in an exec-

utive or supervisory capacity

• Minimum of three years of governmental expe-

rience as an elected official, employee or board

appointee

Know ledge, or an aptitude and w ill ingness

to learn:

• Appreciation for the history and character of

Gaines Charter Township

• Understanding of township governmental func-

tions

• Familiarity with governmental financing and

budgeting

• Knowledge of government’s role in Economic

Development

Applicants should be able to demonstrate:

• Ability to communicate effectively with people

of varied backgrounds, cultures and experi-

ences

• Ability to read, analyze and interpret written in-

formation

• A strong ability to listen empathically and facili-

tate resolution of conflicts

• Ability to adjust to changing conditions and sit-

uations quickly

• Ability to build effective working relationships

with others

• Ability to collaborate

• Vision

• Capacity to discover grant funds and com-

petitively apply for funding

• Fiscal responsibility

• Familiarity with intergovernmental agree-

ments and regional partnerships

The new Township Manager w ill be re-

sponsive, visible and invested in the

community. The manager must pos-

sess the follow ing qualit ies:

• High ethical standards; honesty, with a strong

sense of personal integrity

• Highly respected by peers and colleagues

• A love of community; accessible and outgoing

• Innovative thinker who seeks “out-of-the-box”

alternatives and solutions

• Self-motivated; takes initiative

• Results driven

• Flexible; understands the “grey areas”, able

to compromise to fit the community needs

and standards

• Committed and loyal to the community

• Decisive and able to stand solidly behind trus-

tee decisions

• A sense of humility with the ability to put

aside personal ego for the benefit of the com-

munity

• Earnest about work and mission

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AND…

The Township Manager will be able to

take advantage of:

• Continued commercial and residential growth • Continued opportunities to work together with

neighboring communities • An experienced staff • No debt • Low millage rate (.8492)

There are also challenges:

• Negotiating expansion of water and sewer utili-

ties for growth with the Byron Gaines Utility

Authority

• Long tenured staff retiring

• Funding for public safety (fire and police)

• Management of personnel issues

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APPLICTION & SELECTION PROCESS

COMPENSATION & BENEFITS

The salary for the position is competitive ($95,000 - $110,000) based on qualifications

and experience.

Benefits include, but are not limited to:

• Township funded retirement account

• Employee funded deferred compensation account

• Paid vacation and sick leave

• Group life insurance

• Medical insurance

• Dental insurance

• Paid professional dues and conference expenses

• Mileage reimbursement

• Township issued cell phone

• Moving and relocation expenses may be negotiable. The Township prefers the

Township Manager be a resident of the Township.

Qualified candidates should submit their cover letter, resume, and five professional refer-

ences to: _______________________.

A full job description is available on the Gaines Charter Township website:

https://www.gainestownship.org/employment/index.php

This position is open until filled; however, interested applicants are strongly encouraged to

apply no later than __________. Following this date, applications will be screened against

criteria outlined.

Onsite interviews with Gaines Charter Township will be offered to those candidates named

as finalists, with reference checks, background checks and academic verifications con-

ducted after receiving candidates’ consent.

For more information, please contact ________________________.

Gaines Charter Township

8555 Kalamazoo Ave., SE

Caledonia, MI 49316

Gaines Charter Township

Memo To: Gaines Charter Township Board

From: Robert DeWard, Township Supervisor

Date: March 19, 2020

Re: Cleaning Service – Sanitizing of building

My office contacted Meyer Cleaning to make sure extra steps were being taken during the COVID-19 pandemic. We were advised that in addition to their usual sanitizing they are taking extra steps – sanitizing all door knobs, commonly used surfaces, etc. Meyer can “fog” our entire building for $2,100. This involves the “fogging”, letting it dwell for ten minutes then wiping all services down. This price includes the Sheriff Dept. area. They have been asked if they would like to participate. Availability would be early next week. I would recommend the fogging be done.

I. Township FacilitiesWho determines whether township facilities are or stay open to public?

The township board determines what facilities a township will have and the degree to which they are open to the public. A township board may adopt (at a meeting) policies directing that individual officials or staff may make determinations on whether township facilities will be open or closed. Township facilities are not automatically open to the public, with the exception of polling places on election day for the purpose of voting, and during the open session of a meeting of a public body.

Who determines whether township officials work? Township board members with statutory administrative duties (clerk, treasurer and supervisor) are not directed by the township board in when or where they perform those duties. As elective officeholders, they do not have set hours and are not subject to minimum wage or hour requirements, and are paid the salary of the office regardless of the number of hours worked.

Who determines whether township employees work? The township board is the employer and determines the hours that township employees work and benefits (including entering into collective bargaining agreements). A township board may adopt (at a meeting) policies directing that individual officials or staff may make determinations on whether employees work from home or not work under emergency conditions.

What township activities would require use of township facilities?

Only a few "hours" are required of certain township officials or boards:

The clerk's statutory election registration and administration days.

May be done from township or home office.

The statutory days the treasurer or designee must be available to receive tax payments.

May be done from township or home office.

The Board of Review must hear tax appeals on statutorily mandated days (in March), meets as needed in July or December.

Michigan Department of Health and Human Services (MDHHS) Interim Recommendations for COVID-19 Community Mitigation Strategies March 11, 2020

II. Events Using Township FacilitiesWhat events are impacted by federal guidelines? On March 16, the President announced guidelines for Americans to follow over the

next 15 days to help avoid spread of the novel coronavirus, but did not impose a national quarantine or curfew. The new guidelines call on Americans to avoid social gatherings involving groups of 10 or more. Note that this is not the same thing as telling public bodies they cannot meet or that the Open Meetings Act should not be followed. That may come, but is not currently what is being recommended. Note that township boards have either 5 members (and a quorum is 3) or 7 members (and a quorum is 4). The public are encouraged to follow the President’s guidelines.

What events are impacted by the Governor's Executive Order 2020-11?

The Governor issued Executive Directive 2020-11 which states that beginning on March 17, 2020 at 9:00 am, and continuing through April 5, 2020 at 5:00 pm, all assemblages of more than 50 people in a single indoor shared space and all events of more than 50 people are prohibited in this state. A single indoor shared space includes but is not limited to a room, hall, cafeteria, auditorium, theater, or gallery. The prohibition on assemblages set forth in this section does not apply to: health care facilities; workplaces or portions thereof not open to the public; The state legislature; and assemblages for the purpose of mass transit, the purchase of groceries or consumer goods, or the performance of agricultural or construction work. The prohibition set forth in this section does not abridge protections guaranteed by the state or federal constitution under these emergency circumstances.

Michigan Townships Association Q&A on Township Considerations for COVID-19 Planning (March 17, 2020, 10 a.m.)

III. Township MeetingsOpen Meetings Act Compliance Required?Cancelling There is no statutory authority in the Open Meetings Act to cancel a meeting of a

public body.Rescheduling A township public body may add, remove or reschedule meetings of that public

body by (1) changing its regular meeting schedule while in a regular or special meeting of that public body or (2) calling a special meeting in compliance with the OMA and township statutes.

Public Body Participation MTA Legal Counsel have established an opinion that members of a township public body may participate in a meeting of that public body "remotely" via teleconference/videoconference if certain criteria are met, including having a quorum physically present at the meeting site, giving notice at the remote location, and ensuring that all present in the room can hear or hear and see the member who is participating remotely. MTA Legal Counsel have advised that a member participating remotely may make motions and vote. See separately attached MTA opinion . Note that some municipal attorneys do not agree with aspects of this opinion.

Public Participation The OMA guarantees the public the right to attend the open session of a meeting of a public body, with at least one opportunity for public comment.

Actions by Public Body All township public bodies must be in a meeting held in compliance with the OMA if a quorum of the body is deliberating toward or deciding a matter of that body's business.

Recommendations regarding COVID-19 in meeting? Michigan Department of Health and Human Services (MDHHS) Interim Recommendations for COVID-19 Community Mitigation Strategies March 11, 2020

GEORGE W. ROMNEY BUILDING • 111 SOUTH CAPITOL AVENUE • LANSING, MICHIGAN 48909

www.michigan.gov PRINTED IN-HOUSE

EXECUTIVE ORDER

No. 2020-15

Temporary authorization of remote participation in public meetings and hearings and temporary relief from monthly meeting

requirements for school boards

The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. It is caused by a new strain of coronavirus not previously identified in humans and easily spread from person to person. There is currently no approved vaccine or antiviral treatment for this disease. On March 10, 2020, the Michigan Department of Health and Human Services identified the first two presumptive-positive cases of COVID-19 in Michigan. On that same day, I issued Executive Order 2020-4. This order declared a state of emergency across the state of Michigan under section 1 of article 5 of the Michigan Constitution of 1963, the Emergency Management Act, 1976 PA 390, as amended, MCL 30.401-.421, and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended, MCL 10.31-.33. The Emergency Management Act vests the governor with broad powers and duties to “cop[e] with dangers to this state or the people of this state presented by a disaster or emergency,” which the governor may implement through “executive orders, proclamations, and directives having the force and effect of law.” MCL 30.403(1)-(2). Similarly, the Emergency Powers of the Governor Act of 1945, provides that, after declaring a state of emergency, “the governor may promulgate reasonable orders, rules, and regulations as he or she considers necessary to protect life and property or to bring the emergency situation within the affected area under control.” MCL 10.31(1). To mitigate the spread of COVID-19, protect the public health, and provide essential protections to vulnerable Michiganders, it is crucial that all Michiganders take steps to limit in-person contact. These critical mitigation measures include social distancing and limiting the number of people interacting at public gatherings. To that end, it is reasonable and necessary to temporarily suspend rules and procedures relating to physical presence at meetings and hearings of public bodies and other governmental entities in Michigan. These public bodies and entities must continue to

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conduct public business during this emergency, including actions to respond to COVID-19, and the general public must be able to continue to participate in government decision-making without unduly compromising public health, safety, and welfare. Acting under the Michigan Constitution of 1963 and Michigan law, I order the following:

1. Effective immediately and continuing until April 15, 2020 at 11:59 pm, to the extent that the Open Meetings Act, 1976 PA 267, as amended, MCL 15.261 to 15.272 (“OMA”) requires that a meeting of a public body be held in a physical place available to the general public or requires the physical presence of one or more members of a public body, strict compliance with section 3 of the OMA, MCL 15.263, is temporarily suspended in order to alleviate any such physical-place or physical-presence requirements, as follows:

(a) A meeting of a public body may be held electronically, including by telephonic

conferencing or video conferencing, in a manner in which both the general public and the members of the public body may participate by electronic means.

(b) A meeting of a public body held electronically must be conducted in a manner

that permits two-way communication so that members of the public body can hear and be heard by other members of the public body and so that general public participants can hear members of the public body and can be heard by members of the public body and other participants during a public comment period. The public body also may use technology to facilitate typed public comments that may be read to or shared with members of the public body and other participants.

(c) Members of a public body and of the general public participating electronically

will be considered present and in attendance at the meeting and may participate in the meeting as if physically present at the meeting.

(d) All persons must be permitted to participate in any meeting of a public body held electronically, except as otherwise provided in the OMA.

(e) If a public body directly or indirectly maintains an official internet presence, the public body must, consistent with and in addition to any other applicable notice requirements under the OMA, post advance notice of a meeting held electronically on a portion of the public body’s website that is fully accessible to the public. The public notice on the website must be included on either the homepage or on a separate webpage dedicated to public notices for non-regularly scheduled public meetings or electronic meetings and accessible through a prominent and conspicuous link on the website’s homepage that clearly describes its purpose for public notification of those non-regularly scheduled or electronic public meetings. Notice of a meeting of a public body that will be held electronically must include all of the following:

(i) An explanation of the reason why the public body is meeting electronically.

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(ii) Detailed procedures by which the public may participate in the meeting electronically, including a telephone number, internet address, or both.

(iii) Procedures by which persons may contact members of the public body to provide input or ask questions on any business that will come before the public body at the meeting.

(iv) Procedures by which persons with disabilities may participate in the meeting.

(f) The right of a person to participate in a meeting of a public body held electronically includes the right to tape-record, to videotape, to broadcast live on radio, and to telecast live on television the proceedings of the public body at a public meeting. The exercise of this right does not depend on the prior approval of the public body. However, a public body may establish reasonable rules and regulations to minimize the possibility of disrupting the meeting.

(g) A public body may not require a person as a condition of participating in a meeting of the public body held electronically to register or otherwise provide his or her name or other information or otherwise to fulfill a condition precedent to attendance, other than mechanisms necessary to permit the person to participate in a public comment period of the meeting.

(h) A person must be permitted to address a meeting of a public body held electronically under rules established and recorded by the public body. A person must not be excluded from a meeting held electronically otherwise open to the public except for a breach of the peace actually committed during the meeting.

(i) During a meeting of a public body held electronically, members of the public body are urged to take all votes by roll call to avoid any questions about how each member of the public body votes.

(j) If a public body holding a meeting electronically directly or indirectly maintains an official internet presence, the public body is encouraged to make available to the general public through the public body’s website homepage an agenda and other materials relating to the meeting.

(k) Members of the general public otherwise participating in a meeting of a public body held electronically may be excluded from participation in a closed session of the public body held electronically during that meeting if the closed session is convened and held in compliance with the requirements of the OMA applicable to a closed session.

2. A public body holding a meeting electronically as provided under this order is encouraged to do so in a manner that effectuates as fully as possible the purposes of the OMA, which include promoting government accountability and fostering openness in government to enhance responsible decision-making. Discussions or deliberations at an open meeting that cannot at a minimum be heard by the general

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public participating in the meeting are contrary to these purposes. Accordingly, members of a public body must avoid using email, texting, instant messaging, and other such electronic forms of communication to make a decision or deliberate toward a decision, and must avoid “round-the-horn” decision-making in a manner not accessible to the public at an open meeting.

3. If a decision or other action of a public body is in compliance with the requirements

of this order and the other requirements of the OMA, it is in compliance with the OMA.

4. Effective immediately and continuing until April 15, 2020 at 11:59 pm, if a statute

or rule other than the OMA requires that public comments be permitted or a public hearing be held, including in conjunction with the issuance of a permit or a hearing required under the Uniform Budgeting and Accounting Act, 1968 PA 2, as amended, MCL 141.421 to 141.440a, a public body or department or agency may provide a means for remote public comment or participation through the use of any technology that would facilitate a member of the general public’s ability to participate remotely to the same extent as if the member of the general public appeared in person. If not expressly authorized by statute or rule, written comment, including by electronic means, also is permitted.

5. Effective immediately and continuing until April 15, 2020 at 11:59 pm, strict

compliance with subsection 6 of section 11a, subsection 7 of section 384, and subsection 1 of section 418a of the Revised School Code, 1976 PA 451, as amended, MCL 380.11a(6), MCL 380.384(7), and MCL 380.418a(1), is temporarily suspended so as not to require school district boards to hold meetings at least once each month.

6. Nothing in this order permits a public body to limit or restrict the rights of the press

or other news media. Members of public bodies are encouraged to facilitate access by members of the press and other news media both to meetings held electronically and to members of public bodies.

7. As used in this order, the terms “decision,” “meeting,” and “public body” mean those

terms as defined under section 2 of the OMA, MCL 15.262, except this order does not apply to state legislative bodies.

8. A provision of this order will prevail over any conflicting provision of a local charter,

ordinance, or rule.

9. This order supersedes sections 2 and 3 of Executive Directive 2020-2. Given under my hand and the Great Seal of the State of Michigan.

5

Date: March 18, 2020 Time: 4:46 pm

___________________________________ GRETCHEN WHITMER GOVERNOR By the Governor: ___________________________________ SECRETARY OF STATE

Gaines does not shut-off water due to non-payment however I wanted to share the email below with you so you’re aware the KCHD will be addressing this at an upcoming press conference. Tracy From: Mike Kortman [mailto:m.kortman@bgua.org] Sent: Wednesday, March 18, 2020 8:59 AM To: Earl,Brendan <brendan.earl@kentcountymi.gov> Cc: Marc Faber <mfaber@byrontownship.org>; Tracy Lawrence <tracy.lawrence@gainestownship.org>; Barry Korhorn <bd.korhorn@bgua.org> Subject: RE: Water Shutoffs During COVID-19 Pandemic Good Morning Brendan, Byron Township and Gaines Charter Township will not be authorizing the Byron-Gaines Utility Authority to conduct any water service shut-offs due to non-payment; effective immediately and until further notice. Byron Township will continue to send notices of past due as reminders only (actual shut-offs will not occur); effective immediately and until further notice. Please let me know if you have further questions about this. Thank you,

Mike Kortman

Manager, Byron-Gaines Utility Authority

(616)299-4499

All views represented do not necessarily represent those of the Byron-Gaines Utility Authority. All incoming and outgoing correspondence may be monitored by the BGUA for quality assurance and security purposes.