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Government > Minutes

Overview  |  Board of Trustees  |  Planning Commission
Zoning Board of Appeals

Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
September 26, 2005

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

ABSENT: None

Supervisor Payne welcomed the public and led the Pledge of Allegiance.

Item #1: Approved Board minutes of September 12, 2005 as printed.

Item #2: Consider Radio System Agreement between Oakland County and Bloomfield Township

Pat Coates, Project Manager, Oakland County Clemis team, reviewed the Radio System Agreement. Summarizing the concerns of other Boards, Coates addressed the following issues in the agreement:

  • The policy document/user guide is incomplete and will be finalized shortly.
  • The program is funded by 911 surcharges which may not be renewed by the State when the program ends in December 2006. No renewal could generate maintenance fees for local municipalities. The equipment is covered. Coates is hopeful that there will be renewal legislation by December 2005.
  • Attorney Hampton noted that there is a 30-day clause in the contract for the municipality to withdraw from the agreement.
  • Coates noted that the delinquent tax funds held at the County would be used for any municipality delinquent in payment of their user fees.
  • Ms. Coates noted that the system will be used by a few municipalities in November, and will be used by all communities in the interlocal agreement by May of 2006.

Attorney Hampton recommended approval of the agreement. A copy is on file in the Clerk’s office.

MOTION by Savoie and SUPPORT by Barnett to APPROVE the Radio System Agreement between Oakland County and Bloomfield Township.

AYES: Unanimous

Item #3: Police Department Awards

Chief of Police Jeff Werner and Captain Kirt Bowden presented the following awards for 2004:

Officer of the Year:

Officer Jermaine Bolden

Chief’s Merit Award:

Sergeant Dan Edwards Sergeant Craig Shackleford

Officer (Ret.) Wolfgang Uhrig Officer April Switala

Officer Kelley Marthen Officer Aaron Sparks

Officer Jennifer Lower Officer Roger Wechter

Dispatcher Kim Valenti Dispatcher Kathy Reynolds

Letter of Recognition:

Animal Welfare Officer (Ret.) Mike LaGerould

Animal Welfare Officer Laura Joyce

Certificate of Honorable Mention:

Officer Anthony Woycehoski

Certificate of Distinguished Citizen:

Mr. Andrew Daiek

Mr. Nair Bahoora

Item #4: Consider fill permit for 1601 Kirkway

P. McCullough, Director, Planning and Building Dept., presented the report (a copy of which is on file in the Clerk’s office). She cited a stop work order on the property issued March 17, 2005 for failure to apply for a fill permit.

Wayne Domine, Director, Engineering and Environmental Services Dept., reviewed the problems with the overabundance of fill placed on the sewer manhole.

Frank Mastroianni, property owner, stated that he had originally applied for a remodeling permit. He was not aware that a fill permit was required for the landscape project.

Ron Reynolds, an attorney representing Greg Capler, 1595 Kirkway, expressed concerns about water in his client’s basement that had never appeared prior to the fill on Mastroianni’s lot.

Supervisor Payne questioned the amount of fill on the site--1,000 cubic yards.

Mastroianni expressed confusion because he had a letter of approval dated September 8, 2005, from Hubbell, Roth & Clark (HRC) and approval from the Oakland County Drain Commission. The letter from HRC dated September 23, 2005 required further information for the project to continue. Mastroianni offered a $5,000 bond to show good faith that he would complete the project properly.

Discussion continued about Mastroianni’s agreement with Dan MacLeish to repair the damaged curbs on Kirkway and the application date of the permit as August 19, 2004.

The landscaper, Dan MacLeish, Jr., estimated 2–3 weeks to complete the landscape. Payne stated the Township’s concern was soil stabilization.

MOTION by Barnett and SUPPORT by Buckley to TABLE consideration of the fill permit and require complete plans and all missing information submitted to the Planning Dept. by October 3, 2005, in time to review for the Board meeting, October 10, 2005.

AYES: Unanimous

Item #5: Gypsy Moth Risk Assessment Report, September 2005

Mark Ticehurst, BioBase Technologies, Inc., presented a brief description of the West Nile Virus and Gypsy Moth Management in Bloomfield Township. The 93% success rate of the program is based on the Township’s commitment to continue the procedures and yearly recommendations. A copy of this report is on file in the Clerk’s office.

Item #6: Approve Gypsy Moth Management Agreement 2006

The Board reviewed the agreement for 2006 which is on file in the Clerk’s office.

MOTION by Stefanes and SUPPORT by Savoie to APPROVE the Gypsy Moth Management Agreement for 2006 in the amount of $178,500.00.

AYES: Unanimous

Item #7: Approve Meadowlake Bioswale Construction Bid

Meghan Bonfiglio, Bloomfield Township Environmental Services Manager, provided an overview of the bioswale project. A copy of the report is available in the Clerk’s office. Bonfiglio stated that funding for the 50/50 matching grant was currently in jeopardy as the Environmental Protection Agency has a freeze on all funds to be allocated. If the funding is withdrawn, the Township would be responsible for 100% of the cost. Hubbell, Roth & Clark recommended the project be awarded to the low bidder, United Landscape. Since the construction bid was lower than originally projected and the design investment, $19,000.00, represents more than half of the Township’s share of the project cost, Bonfiglio recommended the project be continued.

MOTION by Barnett and SUPPORT by Devine to APPROVE continuation of the project and AWARD the Meadowlake Bioswale Construction Bid to the lowest bidder, United Landscape, in the amount of $33,409.50.

AYES: Unanimous

Item #8: Consider placement of unpaid Special Assessments on the

December 1, 2005 Tax Roll

Attorney Hampton said that he would recommend that the phrase court-ordered be removed from the resolution. Clerk Roncelli advised the Board that the total was $194,857.31.

MOTION by Savoie and SUPPORT by Roncelli to APPROVE placement of unpaid Special Assessments on the December 1, 2005 Tax Roll:

RESOLUTION

WHEREAS, by the Charter Township of Bloomfield Special Assessment Billing Resolution adopted on May 27, 2003, the Board of Trustees for the Charter Township of Bloomfield authorized the Bloomfield Township Treasurer’s Department to put any unpaid special assessments on the respective year’s winter tax statement that would go delinquent to the Oakland County Treasurer’s Office for collection if still unpaid by the respective March 1 cut off date; and

WHEREAS, certain Special Assessments as outlined on the files in the Treasurer’s Office are unpaid and past due which requires collection by placement on the December, 2005 Tax Roll so that if still unpaid by March 1, 2006 they will be sent to Oakland County as delinquent allowing Oakland County to make Bloomfield Township whole and transferring the collection responsibility to Oakland County,

THEREFORE BE IT RESOLVED that the Board of Trustees for the Charter Township of Bloomfield authorizes the Bloomfield Township Treasurer’s Department to place the unpaid and past due Special Assessments totaling $194,857.31 on the December, 2005 Tax Roll.

AYES: Unanimous

Item #9: Adopt Ordinance No. 562 – Consumers Energy Gas Franchise

Susie Wells, Community Services Manager, Consumers Energy, introduced the item and noted that the previous agreement expired last year. The proposed agreement is a 30-year agreement negotiated by Attorney Dovre with Consumers Energy. This is a revocable franchise, which can be adopted by the Board. An irrevocable franchise would have to go to the voters. Upon Board approval, Consumers Energy has 30 days to sign the agreement.

MOTION by Buckley and SUPPORT by Stefanes to ADOPT Ordinance No. 562 – Consumers Energy Gas Franchise:

CHARTER TOWNSHIP OF BLOOMFIELD

CONSUMERS ENERGY COMPANY GAS FRANCHISE ORDINANCE

ORDINANCE NO. 562

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 14.

AYES: Unanimous

Item #10: Adopt Ordinance No. 563 – Amendment of Solicitation

Ordinance No. 551

Attorney Hampton said that Clerk Roncelli brought to his attention that the Solicitation Ordinance did not give reason to deny someone a solicitation permit; it only addressed revocation of existing permits. Trustee Stefanes, Treasurer Devine and Clerk Roncelli discussed the number of permits per month (2-4), the quick turnaround if a background check is required and the codification of Ordinance No. 551 with the amendment of Ordinance No. 563.

MOTION by Barnett and SUPPORT by Roncelli to ADOPT Ordinance No. 563 – Amendment of Solicitation Ordinance No. 551:

STATE OF MICHIGAN, COUNTY OF OAKLAND

CHARTER TOWNSHIP OF BLOOMFIELD

ORDINANCE NO. 563

SOLICITATION ORDINANCE AMENDMENT

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

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 to 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 #11: Consider Final Site Plan Review – 622 & 722 Crestview Avenue

Crestview Office Center to include a Private Bocce Ball Club

A presentation was made by Patti McCullough, Director, Planning and Building Dept. (a copy of which is on file in the Clerk’s office). Reviewing the variances from the ZBA and approval by the Planning Commission, McCullough recommended Board approval with the following conditions: all police, fire, Water & Sewer Division recommendations to be met and no simultaneous hours of operation for the business and the bocce ball club.

Trustee Savoie questioned the number of members and a liquor license. Approximately 100 members are anticipated as well as an application for a liquor license.

MOTION by Savoie and SUPPORT by Barnett to APPROVE with conditions the final site plan for 622 & 722 Crestview Avenue- Crestview Office Center to include a private bocce ball club.

AYES: Unanimous

Item #12: Discuss Compliance with Approved Site Plan – 2053 – 2081

Telegraph Road – Newton Furniture Center and Gateway Building

An update of the project activity on Telegraph, since March 23, 2005, was presented by Patti McCullough, Director, Planning and Building Department. The approved plan of February 14, 2004, required eight conditions to be met. One of the conditions, an easement agreement prior to curb cuts placed in the easement, has yet to be met. In fact, the curb cuts have been installed without an agreement. The applicant has failed to comply with various permits issued by the Building Department. In addition, six tickets have been issued in the past week for improper placement of signs. A copy of the report is on file in the Clerk’s office.

Public comment on this issue was provided by the following:

Bruce Measom, Harbor Property Management

Martin Stoneman, attorney representing Stanford United, L.L. C. (owners of K-Mart building and easement in question)

William Hampton, Township Attorney, Secrest Wardle

Ed Ford, Township resident on Downderry Ct.

Mark Schostak, partner in the Olga joint venture restaurant

Ray Behling, Senior Development Manager, Schostak

Richard Rassel, counsel for Schostak

Following the public comment, the Board discussed a variety of alternatives and the ramifications of each. Township Attorney Hampton suggested three possible actions: revocation of building permits, stop work orders, and no issuance of certificates of occupancy for Men’s Wearhouse and Olga’s.

MOTION by Devine and SUPPORT by Barnett for an immediate STOP WORK ORDER and REVOCATION of site plan approval in two weeks if noncompliance continues to occur.

AYES: Unanimous

Item #13: Approve December 1, 2005 millage rate for the Bloomfield Village Police Department and Bloomfield Village Volunteer Department for the fiscal year April 1, 2006 to March 31, 2007

Supervisor Payne explained the yearly millage rate request from Bloomfield Village and recommended approval.

MOTION by Barnett and SUPPORT by Roncelli to APPROVE the December 1, 2005 millage rate for the Bloomfield Village Police Dept. and Bloomfield Village Volunteer Fire Dept. for the fiscal year April 1, 2006 to March 31, 2007.

AYES: Unanimous

Item #14: Consider resolution to establish the National Incident

Management System (NIMS) as the Township standard for incident management

Supervisor Payne advised the Board that NIMS was the preferred standard for emergency management and recommended approval.

MOTION by Savoie and SUPPORT by Barnett to APPROVE the establishment of the National Incident Management System (NIMS) as the Township standard for incident management:

RESOLUTION

DESIGNATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE

CHARTER TOWNSHIP OF BLOOMFIELD:

WHEREAS, the President in Homeland Security Directive (HSPD)-5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State, local, and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity;

WHEREAS, to facilitate the most efficient and effective incident management it is critical that Federal, State, local, and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters;

WHEREAS, it is necessary and desirable that all TOWNSHIP departments and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management;

WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the TOWNSHIP’S ability to utilize federal funding to enhance local readiness, maintain first responder safety, and streamline incident management processes;

WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the TOWNSHIP; and

NOW, THEREFORE, BE IT RESOLVED, that the Board Of Trustees of the Charter Township of Bloomfield, does hereby establish the National Incident Management System (NIMS) as the TOWNSHIP standard for incident management on the 26th day of September, 2005.

AYES: Unanimous

Item #15: Approve payroll and vouchers A001105 - A001131, B007810

B007995, and E001574 - E001589 totaling $21,484,154.91.

MOTION by Barnet and SUPPORT by Roncelli to APPROVE payroll and vouchers totaling $21,484,154.91.

AYES: Unanimous

Public Comment:

Craig Corbell, 3711 Pemberton, addressed the Board regarding several issues with Bloomfield Hills Baptist Church. An information packet was provided to each Board member for review and is on file in the Clerk’s office. Supervisor Payne noted that he was unaware of Corbell’s concerns. Corbell acknowledged that he had dealt with Wilma Cotton, Kaye Chartier, and Patti McCullough in the past. Supervisor Payne advised that he scheduled a meeting this week with Bloomfield Hills Baptist representatives to discuss the concerns of Corbell and Bloomfield Township.

Meeting adjourned at 10:50 p.m.

tb/jr/mjg

 

 

 

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