Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
September 12, 2005

MOTION by Devine and SUPPORT by Stefanes to CLOSE the Public Hearing.

ITEM #1: APPROVED Board minutes of September 6, 2005, as printed.

ITEM #2: Approve resolution establishing December 1, 2005, millage rates.

Supervisor Payne reviewed the millage rollback as discussed in the Public Hearing. By levying the maximum authorized operating millage allowed by State law, .1980 mills, the total operating millage proposed for Bloomfield Township would be 8.7888 mills. There are additional millages of 2.2243 mills for the library and Chapter 20 & 21 Drains. Therefore, the total 2005 tax rate would be11.0131 mills.

MOTION by Stefanes and SUPPORT by Devine to APPROVE the December 1, 2005 tax rate based on the .1980 mills rate increase for the Bloomfield Township operating millage established on September 12, 2005, and discussed at the Truth in Taxation Hearing held earlier this evening, which established the total millage rate, including library and drains as follows:

ITEM #3: Consider awarding 2005 Joint Sealing Program.

Lance Scram, Project Coordinator, reviewed the bid tabulation (a copy of which is on file in the Clerk’s office). The recommendation was to award the bid to Interstate Sealant & Concrete, the lowest bidder.

MOTION by Barnett and SUPPORT by Stefanes to AWARD the 2005 Joint Sealing Program contract to the lowest bidder, Interstate Sealant & Concrete, in the amount of $24,575.00.

ITEM #4: Consider placing delinquent solid waste charges on tax roll.

Supervisor Payne recommended collection of the delinquent solid waste accounts.

MOTION by Devine and SUPPORT by Stefanes to APPROVE placement of the Delinquent Solid Waste charges on the December 1, 2005 tax roll.

ITEM #5: Consider request for Special Assessment District –

ITEM #7: Introduce Consumers Energy Company Gas Franchise – Ordinance No. 562.

Attorney Gillam explained the expiration of the current franchise agreement (2004) and the preparation of Ordinance No. 562, the updated agreement. A letter from Attorney Gary Dovre reviewed the details of the agreement and the opportunity whereby the Township and Consumers Energy might cooperate on meter readings in the future. The term of the Ordinance is for 30 years.

MOTION by Barnett and SUPPORT by Stefanes to INTRODUCE Ordinance No 562, Consumers Energy Company Gas Franchise.

An Ordinance granting to Consumers Energy Company the right, power and authority to lay, maintain and operate gas mains, pipes and services on, along, across and under the highways, streets, alleys, bridges, waterways and other public places and to transact a local gas business in the Charter Township of Bloomfield, Oakland County, Michigan for a period of thirty years.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

Section 1. Grant, Term and Use Areas. Subject to and as provided in this Ordinance, the Charter Township of Bloomfield, Oakland County, Michigan, the "Township", hereby grants to Consumers Energy Company, a Michigan corporation, the "Grantee", the right, power and authority to lay, maintain and operate gas mains, pipes and services on, along, across and under the public highways, streets, alleys, bridges, waterways and other public places ("Use Areas"), and to transact a local gas business, furnishing manufactured or natural gas, in the Township for a period of thirty (30) years.

Section 2. Consideration. In consideration of the rights, power and authority granted by Township, Grantee, which when used in this Ordinance shall include all of its officers, employees and agents, shall faithfully perform and be subject to all provisions of this Ordinance.

Section 3. Conditions.

(a) No Use Area used by Grantee shall be obstructed longer than necessary during the work of construction or repair, and shall be restored to the same or better order and condition as when the work was commenced within a reasonable time to be determined by the Township. Upon Grantee’s failure to complete required restoration, the Township, after giving 10 business days notice (except in an emergency as determined by the Township) to Grantee of its intention to do so, may perform or secure performance of the required restoration work, with the costs thereof to be paid by Grantee to the Township within 30 days of the Township’s billing or invoice.

(b) Except in the case of an emergency, the Grantee shall provide at least five business days written notice to the Township prior to the commencement of any work that will obstruct any Use Area.

(c) No Use Area shall be placed or left in a dangerous or unsafe condition by Grantee. In the event that a dangerous or unsafe condition exists as a result of activities conducted by the Grantee and it is not corrected by Grantee in a time and manner consistent with the nature and location of the condition as designated by the Township in a verbal, telephone, written or electronic notice to Grantee, the Township may abate the dangerous or unsafe condition in the same manner, with Grantee responsible for any and all costs incurred by the Township in doing so and in responding to and securing the location of the condition pending Grantee’s response to the Township’s notice. Restoration obligations of Grantee for Use Areas other than abatement of dangerous or unsafe conditions are provided for in Section 3(a).

(d) Grantee’s installations and operations shall not unnecessarily or unreasonably interfere with public and other permitted uses of any Use Area. All of Grantee's structures, supplies, and equipment shall be so placed, while work is being done, on either side of the Use Area so as not to unnecessarily interfere with the use thereof by the public.

(e) Unless preempted by the existing or amended Michigan Gas Safety Code, Grantee’s rights under this Ordinance are conditioned on and require compliance with all lawful and applicable Township Ordinances, including the Township’s Amended Right-of-Way Management Ordinance disruption permit requirements, provided however, that nothing herein shall be construed as a waiver by Grantee of its existing or future rights under State or Federal law.

(f) Grantee’s rights in any Use Area are subject to lawful and reasonable existing and future regulations of the Use Area that the Township reserves the right to adopt and enforce. The Township shall provide Grantee with at least 30 days written notice of any such regulation.

(g) Grantee’s rights in any Use Area are subject to the right of the Township and/or other governmental entity with jurisdiction of that Use Area to make improvements and/or perform repairs, maintenance and other work. If such work requires Grantee’s mains, pipes, facilities or services to be temporarily or permanently discontinued, disconnected, moved or relocated, Grantee shall be responsible for doing so within a reasonable time specified in a written notice and for all of the costs and expenses in doing so. If the Grantee fails to comply with such a notice, the Township and/or governmental entity may perform or secure the performance of the required work, with the costs thereof to be paid by Grantee within 30 days of being billed or invoiced.

(h) Nothing in this ordinance should be construed to alleviate the Grantee from having to comply with any State, Federal, or local law regulating and/or pertaining to wetlands or waterways.

Section 4. Grantee Liability, Indemnification and Hold Harmless Obligations. Grantee shall at all times keep and save the Township and its officials, officers, employees and agents free and harmless from all claims for damages, costs and expense arising from or related to Grantee’s negligent or other legally actionable errors or omissions in the exercise of rights in a Use Area under this Ordinance. In case any action asserting such a claim and/or a claim against the Township on account of the permission herein given is commenced, Grantee shall defend the action and save the Township and its officials, officers, employees and agents free and harmless from all costs, expenses, losses and damages of or awarded or incurred in the action. Grantee shall reimburse the Township for any costs incurred in responding to any emergency involving Grantee's natural gas transmission or distribution facilities. Nothing in this section shall authorize Township to make or attempt to make alterations and or repairs to Grantee's natural gas transmission or distribution facilities, structures, and equipment. The Township will promptly provide written notice to Grantee of claims or actions believed to be the responsibility of Grantee under this Section.

Section 5. Insurance. Grantee shall maintain liability insurance coverage in a manner authorized by the laws of the State of Michigan, insuring against liability for loss or damages for bodily injury, death and property damages that are caused by, arise from or are the result of Grantee’s actions or omissions in the exercise of rights under this Ordinance. Grantee shall provide written proof of the required liability insurance coverage to the Township Clerk upon written request.

Section 6. Extension. Grantee shall construct and extend its gas distribution system within the Township, and shall furnish gas to applicants residing therein in accordance with applicable laws, rules and regulations.

Section 7. Franchise Not Exclusive. The rights, power and authority granted to Grantee by this Ordinance are not exclusive.

Section 8. Rates, Billings and Meters. Grantee may charge for gas furnished in the Township according to rates approved by the Michigan Public Service Commission or its successor authority. Such rates and rules shall be subject to review and change upon petition by Grantee or the Township by resolution of its Board of Trustees. All bills for gas furnished by the Grantee shall be payable monthly or on another periodic basis authorized by law. The Grantee shall furnish and maintain commercially accurate meters to measure the gas furnished to each customer and agrees that if requested by the Township and technologically, legally and financially feasible, to consider entering into a future agreement with the Township to provide for a mutually beneficial cooperative arrangement for the reading of the Township’s water meters and the Grantee’s meters at the same time and/or by the same persons or process.

Section 9. Revocation. The franchise granted by this Ordinance is subject to revocation at the will of either party upon sixty (60) days written notice to the other party.

Section 10. Michigan Public Service Commission Jurisdiction. In addition to the other requirements of this Ordinance, Grantee shall be subject to and comply with the applicable rules and regulations of the Michigan Public Service Commission or its successor applicable to gas service in the Township.

Section 11. Sale, Assignment and Transfer. Grantee shall not sell, assign, sublet or transfer this franchise or any rights under it without the written consent of Township Board of Trustees.

Section 12. Notices. Subject to modification by written notice of the party entitled to receive notice, Grantee notices to the Township under this Ordinance shall be to the Township Supervisor and Township Clerk at 4200 Telegraph Road, PO Box 489, Bloomfield Hills, MI 48303-0489, and Township notices to Grantee shall be to a Grantee’s Community Services Manager at 1030 Featherstone Road, Pontiac, Michigan 48342, with notices considered as given on the day they are received if given electronically, by fax or by certified or delivered mail, or if first class mail is used, on the third business day after mailing.

Section 13. Effect of Invalidity. If any part of this Ordinance is invalid, it shall not affect the validity and enforceability of this Ordinance and its remaining portions.

Section 14. Acceptance. Grantee shall file a written acceptance of the franchise granted by this Ordinance with the Township Clerk within thirty (30) days after adoption.

Section 15. Effective Date. This Ordinance shall take effect after it has been published and the Grantee’s written acceptance has been filed as required by Section 13.

AYES: Unanimous

ITEM #8: Introduce Ordinance No. 563 – Amendment of Solicitation Ordinance No. 551.

Presentation was made by Supervisor Payne clarifying the need for the Township to reject license applications based on criminal records. Attorney Gillam explained the significance from a legal standpoint: if the Clerk denies the request, the applicant has the right to appeal that decision. Treasurer Devine added that if the person knowingly lies, there is a $500 fine and/or 90 days in jail. The Township would retain the $500.

MOTION by Barnett and SUPPORT by Stefanes to INTRODUCE Ordinance No. 563 – Amendment of Solicitation Ordinance No. 551.

An Ordinance to amend Ordinance No. 551 to regulate organizations and persons soliciting and, to require registration, disclosure of information and licensing before soliciting by amending said ordinance so as require reasons for denial of a solicitation license.

Section 1. Purpose and Intent.

The Township Board having determined that it is in the best interest of Bloomfield Township to amend Ordinance No. 551 regulating organizations and persons soliciting in the Township by setting forth reasons for denial of a solicitation license to solicit based upon prior criminal conduct, said amendment being necessary to promote and protect the public safety as to those persons in the Township being solicited.

Section 2.

A new section 5 shall be added to Ordinance No. 551 and the remaining sections of said Ordinance shall be renumbered accordingly.

Section 3.

The new section 5 shall read as follows:

Sec. 5. Investigation.

(a) The clerk shall investigate by conducting a criminal background check through the criminal justice information center or other available law enforcement agency including the Township Police Department.

(b) The Township clerk shall issue a solicitation license only if all of the following requirements have been met:

1. The application conforms in all respects to the provisions of Section 4, License Application, of this Ordinance.

2. The applicant has not made a material misrepresentation of fact in and or falsified any of the contents of the application.

3. The applicant has not had a solicitation license denied or revoked by the Township within a period of one (1) year prior to the date of the application.

4. The applicant has never been convicted of a felony and/or convicted of any sexual offenses.

(c) The Township clerk shall deny the application if the requirements of this Ordinance are not met. In the event that the application is denied by the Township clerk written notice of such denial shall be given to the applicant specifying the ground or grounds for such denial and advising the applicant that the applicant may request in writing a hearing before the Township Board appealing the denial of solicitation license. The Township Board shall hold a hearing within thirty (30) days from the date of the applicant’s written request for a hearing appealing the denial of the license or permit.

Section 4.

Other than as amended herein, Ordinance No. 551 is hereby readopted and reaffirmed in all respects.

Section 5. Repealer.

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

Section 6. Severability.

If any section, clause or provision of this Ordinance shall be declared to be unconstitutional, void, illegal or ineffective by any Court of competent jurisdiction, such section, clause or provision declared to be unconstitutional, void or illegal shall thereby cease to be a part of this Ordinance, but the remainder of this Ordinance shall stand and be in full force and effect.

Section 7. Savings.

All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect are saved and may be consummated according to the law when they were commenced.

Section 8. Effective Date.

The provisions of this Ordinance are hereby ordered to take effect immediately upon publication.

AYES: Unanimous

ITEM #9: Consider Bloomfield Park proposed Building B, Phase 1

Presentation was made by Supervisor Payne who reviewed the report from the Planning Department. Payne reminded the Board that the Joint Development Council met earlier today from 2:00– 5:30 p.m. to discuss Buildings A & B. The next meeting is scheduled for Thursday, October 6, 2005, 10:00 a.m. at Pontiac City Hall. Treasurer Devine advised that more information was required from the developer. In the meantime, there at least 21 issues under review. The developer proposes to do a traffic study that Devine claims is essential to understanding the traffic impact. The issue of wetlands on the property continues to be a concern and the Township requires MDEQ approval prior to approval of the development. Payne remarked that Pontiac shares our concerns, including how the city will supply water and sewer to the property. Insufficient parking places pose problems, but an easement off Golf Dr. will help to resolve response time for fire and police emergency vehicles. A complete copy of the report is on file in the Clerk’s office.

MOTION by Barnett and SUPPORT by Roncelli to ACCEPT the report with the stated stipulations.

AYES: Unanimous

ITEM # 10: Approve payment of payroll and vouchers A001049-A001104, B007595-B007809; and E001555-E001573 totaling $7,879,728.42.

MOTION by Stefanes and SUPPORT by Barnett to APPROVE payment of payroll and vouchers.

AYES: Unanimous

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Charter Township of Bloomfield
4200 Telegraph Road
P.O. Box 489
Bloomfield Hills, MI 48303-0489
248.433.7700

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