Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
December 13, 2004

PRESENT: Payne, Roncelli, Devine, Stefanes, Buckley, Barnett, Savoie

Also present, Attorney Dave Gillam

ABSENT: None

Supervisor Payne welcomed the public and called the meeting to order. Trustee David Buckley led the Pledge of Allegiance.

Item 1: Approved minutes of November 8, and November 22, 2004 as printed.

Item 2: Consider 2005 Oakland County Tri-Party Program. The Township’s 2005 allotment is $220,597 of which the Township’s share is $73,532 and the balance is split between Oakland County Board of Commissioners and the Oakland County Road Commission. Jerry Marenger, Superintendent, Roads Division, recommended banking the $73,532 for a future project.

MOTION WAS MADE by Barnett and supported by Devine to APPROVE all available 2005 Oakland County Tri-Party funds be committed for future projects. The Township’s share is $73,532 and has been budgeted in the proposed 2005 Roads Division budget.

AYES: Payne, Roncelli, Devine, Stefanes, Buckley, Barnett, Savoie

NAYS: None

Item 3: Introduce lot split – Lot 3 of Kirkway Subdivision, commonly known as 1351 Kirkway Road (19-17-251-003). The applicant, Alex Mair, is seeking approval to subdivide a nonbuildable portion of Lot 3 for purchase by the property owner at 1350 Kirkway, Sidney Forbes, to provide an unobstructed view of Island Lake. The existing 2-story house at 1351 is intended to remain on Parcel A.

MOTION WAS MADE by Barnett and supported by Devine to TABLE the lot split of Lot 3 of Kirkway Subdivision, commonly known as 1351 Kirkway Road (19-17-251-003) until notices can be mailed to the surrounding residents before the next Township Board of Trustees meeting on January 10, 2005.

AYES: Payne, Roncelli, Devine, Stefanes, Buckley, Barnett, Savoie

NAYS: None

Item 4: Introduce proposed Ordinance No. 554 – An Ordinance to amend Ordinance No. 521, as amended (the "Ordinance to Control Excessive Noise"), by amending the acceptable noise levels for power generators as a source for temporary power. (A complete copy of the proposed ordinance is on file in the Clerk’s office.)

AN ORDINANCE to amend Ordinance No. 521, as amended (the "Ordinance to Control Excessive Noise") by amending the hours of operation to exclude Sundays and legal holidays for construction equipment and commercial power equipment.

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF BLOOMFIELD

ORDINANCE NO. 554

TEXT AMENDMENT TO ORDINANCE

(Noise levels for power generators)

AN ORDINANCE to amend Ordinance No. 521, as amended (the "Ordinance to Control Excessive Noise"), by amending the acceptable noise levels for power generators as a source for temporary power.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS AS FOLLOWS:

Section 1 of Ordinance

Section 2.01 of Definitions shall be amended by adding the following:

Section 2.01 Definitions.

(1) Ambient noise means the emission of measurable noises from the premises, including normal street and neighborhood noises.

through (13) renumbered accordingly.

Section 2 of Ordinance

Section 3.01 Measurement shall be amended by amending Section 3.01 as follows:

Section 3.01 Measurement

All noise shall be measured with a sound level meter at a location 25 feet away from the source from which the sound emanates, with the exception of the measurement provided for in subsections 4.01 (7). The location for the taking of the measurement shall be determined by the Township in the direction of the closest property line.

Section 3 of Ordinance

Section 4.01 Limitations shall be amended by amending subsection 3(a) as follows:

Section 4.01 Limitations

NO CHANGE]

(2) [NO CHANGE]

(3) Power Generators. Power Generators may be used for standby convenience or for medical emergency purposes, whenever they occur, as a source of interim power, subject to the following regulations.

Noise shall be limited to 70 dB (A).

When the ambient noise is greater than 65 dB (A) at the point of measurement, the noise generated from the generator in combination with the ambient noise shall not exceed more than 10 dB (A) above the ambient noise.

(b) through (c) [NO CHANGE]

Section 4 of Ordinance

Except as expressly set forth above, the Ordinance shall remain in full force and effect.

Section 5 of Ordinance

The provisions of this Ordinance shall become effective as provided by law following publication.

MOTION WAS MADE by Roncelli and supported by Barnett to ACCEPT the introduction of Ordinance 554, an Ordinance to amend Ordinance No. 521, as amended (the "Ordinance to Control Excessive Noise") by amending the acceptable noise levels for power generators as a source for temporary power.

AYES: Payne, Roncelli, Devine, Stefanes, Buckley, Barnett, Savoie

NAYS: None

Item 5: Introduce proposed Ordinance No. 555 – An Ordinance to amend Ordinance No. 521, as amended (the "Ordinance to Control Excessive Noise"), by amending the hours of operation to exclude Sundays and legal holidays for construction equipment and commercial power equipment. (A complete copy of the proposed ordinance is on file in the Clerk’s office.)

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF BLOOMFIELD

ORDINANCE NO.555

TEXT AMENDMENT TO ORDINANCE

(Hours of operation for commercial power equipment)

AN ORDINANCE to amend Ordinance No. 521, as amended (the "Ordinance to Control Excessive Noise") by amending the hours of operation to exclude Sundays and legal holidays for construction equipment and commercial power equipment.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS AS FOLLOWS:

Section 1 of Ordinance

Section 2.01 Definitions shall be amended by adding the following:

Section 2.01 Definitions.

(5) Legal holiday means the day that is observed by New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

(1) through (13) renumbered accordingly.

Section 4.01 Limitations shall be amended by amending subsection 2 as follows:

Section 4.01 Limitations.

(1) Construction Equipment. In or adjacent to a residential area, a person shall use industrial machinery such as tractors, bulldozers, drills, augers, loaders, power shovels, cranes, derricks, paving machines, trenchers, compactors, pavement breakers compressors, pie driver, shovel, hammer, tractor, roller or any other mechanical apparatus in excess of 20 hp, on building and/or excavate, alter, or repair of any streets or highways only between the hours of 7:00 AM to 6:00 PM. No such apparatus shall be operated on Sunday, or legal holidays. This section shall not apply to emergency work, as defined above.

(2) Commercial Power Equipment. In or adjacent to a residential area, a person shall use equipment of 20 hp or less including, but not limited to power hand tools, jackhammers, other pavement breakers, or any other similar power equipment, in order to erect, excavate, demolish, alter, or repair any building; to excavate, alter or repair any streets, highways, drives, entranceways, or walkways; or, to build, repair or restore any motor vehicle only between the hours of 7:00 AM to 6:00 PM. No such apparatus shall be operated on Sunday, or legal holidays. This section shall not apply to emergency work, as defined above.

(3) through (8). [NO CHANGE]

Section 2 of Ordinance

Except as expressly set forth above, the Ordinance shall remain in full force and effect.

Section 3 of Ordinance

The provisions of this Ordinance shall become effective as provided by law following publication.

MOTION WAS MADE by Stefanes and supported by Barnett to ACCEPT the introduction of Ordinance 555, an Ordinance to amend Ordinance No. 521, as amended (the "Ordinance to Control Excessive Noise") by amending the hours of operation to exclude Sundays and legal holidays for construction equipment and commercial power equipment.

AYES: Payne, Roncelli, Devine, Stefanes, Buckley, Barnett, Savoie

NAYS: None

Item 6: Submittal of preliminary Township Budget. Payne stated that In February we will have study sessions with the Board and invite the department heads and by March we should be able to adopt the budget.

Item 7: Appointments to the Planning Commission, Zoning Board of Appeals, Design Review Board and Board of Review.

MOTION WAS MADE by Stefanes and supported by Roncelli to APPROVE the appointments of the following:

AYES: Payne, Roncelli, Devine, Stefanes, Buckley, Barnett, Savoie

NAYS: None

Item 8: Designate bank depository for 2005 tax collections. Bank One was designated as the depository for the 2005 tax collections.

MOTION WAS MADE by Devine and supported by Roncelli to ACCEPT Bank One as the depository for the 2005 tax collections.

AYES: Payne, Roncelli, Devine, Stefanes, Buckley, Barnett, Savoie

NAYS: None

MOTION WAS MADE by Barnett and supported by Roncelli to APPROVE payment of payroll and vouchers A000569-A000596, B004377-B004502, E001272-E001288.

Payne welcomed Commissioner Greg Jamian and residents Jean Blake, 7199 Chula Vista Lane, and son, Michael (Boy Scout).

Adjourned meeting at 9:00 P.M.

______________________________

JANET RONCELLI

TOWNSHIP CLERK

TABLED ITEM:

Beautiful Savior Lutheran – 5631 N. Adams (19-12-278-011, 012)

(will not be heard 1-10-05)

A complete copy of the minutes may be ordered (tape or CD) from the Clerk’s office for a nominal charge of $5.00.

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