Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, MAY 8, 2006

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

Also present, Attorney William Hampton

ABSENT: None

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

ITEM #1 Approved Board Minutes of April 24, 2006 and Study Session Minutes of May 3, 2006 as printed.

ITEM #2 Proclamation for Public Works Week – Presented by Tom Trice

MOTION by Barnett and SUPPORT by Buckley to ADOPT the Proclamation for Public Works Week.

WHEREAS, public works provided in our community are an integral part of our citizens’ everyday lives; and

WHEREAS, the Department of Public Works and the Department of Engineering & Environmental Services provides a first response to all emergency situations throughout the community; and

WHEREAS, the support of an understanding and informed citizenry is vital to the engineering, efficient operation of Public Works systems and programs such as water, sewers, streets and highways, public buildings, grounds and solid waste collection; and

WHEREAS, the health, safety, comfort and quality of life in Bloomfield Township greatly depends on these facilities and services; and

WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction is vitally dependent upon the efforts and skill of Public Works personnel; and

WHEREAS, the efficiency of the qualified and dedicated personnel who staff the Public Works and Engineering departments should be recognized by the residents of Bloomfield Township,

NOW, THEREFORE, I, David Payne, Supervisor of the Charter Township of Bloomfield, do hereby proclaim the week of May 21 through May 27, 2006 as

NATIONAL PUBLIC WORKS WEEK in the Charter Township of Bloomfield. I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our Public Works and to recognize the contributions which Public Works and Engineering personnel make every day to our health, safety, comfort and quality of life.

Given under my hand and Seal of the Charter Township of Bloomfield this 8th day of May, 2006.

____________________________

David Payne

Supervisor, Bloomfield Township

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

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the foregoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on May 8, 2006.

___________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #3 Procedures & Policies for Billing Collection for Water/Sewer – Presented by Tom Trice

A complete copy is on file in the Bloomfield Township Clerk’s Office.

MOTION by Devine and SUPPORT by Barnett to ADOPT the Procedures and Policies for Billing Collection for Water/Sewer.

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

NAYS: None

ITEM #4 Cranbrook Road Paving – Presented by Wayne Domine

Bloomfield Township is an active participant of Oakland County’s Tri-Party program, which secures funds for road projects. Cranbrook Road between Maple Road and Quarton Road is in need of repair. Normally, Tri-Party funds cannot be used for subdivision roads which Cranbrook Road is considered. However, Oakland County’s Tri-Party supervisor has agreed to allow the Township to use these funds for Cranbrook Rd. as it serves as a connector between Maple and Quarton Roads.

The cost to repair Cranbrook Rd. is estimated to be $1,360,000.00, which includes engineering costs. The Township’s share will be $453,333.33. This project will be budgeted for the 2007 construction season.

MOTION by Buckley and SUPPORT by Roncelli to AUTHORIZE Oakland County to prepare the Cost Participation Agreement Utilizing the Tri-Party Funds for Cranbrook Road.

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

NAYS: None

ITEM #5 Safety Path Easement Agreement – Presented by Wayne Domine

All of the Township’s safety paths are within the public right-of-ways owned by the Road Commission for Oakland County (RCOC) or the Michigan Department of Transportation (MDOT). Bloomfield Township has always applied for a permit through these agencies. However, a portion of Lahser Rd (from Long Lake Rd to Hickory Grove) and Hickory Grove (from Opdyke Rd. to Lahser Rd.), which are both slated for safety path construction, is owned by the City of Bloomfield Hills.

In lieu of issuing a permit to construct the path, the City of Bloomfield Hills has requested that an easement agreement be completed.

The City of Bloomfield Hills will consider the same easement agreement at their May 9, 2006 council meeting.

MOTION by Savoie and SUPPORT by Barnett to APPROVE the Easement Agreement with the City of Bloomfield Hills.

This Memorandum of Agreement entered this ____ day of May 2006 by and between the City of Bloomfield Hills, a Michigan municipal corporation, whose address is 45 E. Long Lake Road, Bloomfield Hills, MI 48304-2322 (hereinafter "City") and the Charter Township of Bloomfield, whose address is P.O. Box 489, Bloomfield Hills, MI 48303-0489 (hereinafter "Township").

1. The City and Township Officials having conferred with respect to the Township’s desire to construct safety paths along Lahser Road between Long Lake Road and Hickory Grove Road in the City and along Hickory Grove Road from Lahser to Opdyke Road in the City.

2. The Township has requested of the City an easement across the City property for the purpose of constructing said safety paths and the City has agreed to provide an easement subject to the provisions of this Agreement.

3. The Township Board of the Township and the City Commission of the City having agreed to the terms of this Agreement.

NOW, THEREFORE, based upon good and valuable considerations, the receipt of which is acknowledged by both parties, the Township and City agree as follows:

1. The City agrees to provide to the Township for One Dollar ($1.00) and other good and valuable considerations a temporary easement for construction purposes which will commence on Lahser Road from the westerly edge of the pavement to the existing limits of the western right-of-way boundary from Long Lake Road to Hickory Grove Road.

2. The City agrees to provide to the Township for One Dollar ($1.00) and other good and valuable considerations a temporary easement for construction purposes which will commence on Hickory Grove Road from the northerly edge of the pavement to the existing limits of the northern right-of-way boundary from Lahser Road to Opdyke Road.

3. That upon obtaining said temporary easement from the City; the Township will proceed to have the proposed safety paths route staked for Township and City residents as well as City Officials to inspect prior to actual commencement of construction.

4. All construction costs including construction supervision shall be the responsibility of the Township and any inquiries and/or complaints from Township residents concerning issues pertaining to the safety paths will be handled by the Township Officials and/or employees.

5. Said temporary construction easement shall include the right to move men and equipment on and through, the right to store materials and excavated dirt and the right to remove vegetation and alter the underlying land in, over, upon and through the premises described herein.

6. The premises so disturbed by reason of the exercise of the temporary easement shall be reasonably restored to a condition as good as prior to construction. The temporary construction easement set forth herein shall automatically terminate upon the recording of the permanent easement.

7. That if any living trees along the route of the safety paths need to be removed in order to construct the safety paths, the Township shall identify the trees on the construction plans proposed to be removed for the City and affected property owners to review. The city shall designate a representative to meet with the Township’s representative and consulting engineers in the field , if necessary, to agree on tree removals prior to construction. The City agrees to permit the Township to remove any dead trees within the easement for the path construction without any such approvals.

8. While both parties agree that Road Commission for Oakland County standards with respect to the construction of safety paths are not applicable, the Township agrees that said safety paths will follow road commission standards.

9. That upon completion of construction of the safety paths, as-built drawings will be provided by the Township to the City at the Township’s expense which as-built drawings will be utilized to prepare legal descriptions for a permanent easement agreement to be entered into between the City and the Township. It is contemplated that the actual easement will be not wider than 12 feet and will not extend over the existing roadway where the path centerline is closer than 6 feet. Thus narrowing the original easement granted by this agreement for construction purposes.

10. That upon review of the as-built drawings and the preparation of the legal descriptions of said easements by the Township’s Consulting Engineer, Hubbell, Roth & Clark, at Township expense, a permanent easement agreement will be signed by both parties hereto and recorded with the register of deeds of Oakland County.

11. That said permanent easement agreement shall provide that the Township shall maintain and repair the safety paths, retaining walls, fencing, drainage improvements, etc., as needed, and that the Township agrees that it will indemnify the City, its officials, city commissioners, employees and/or agent from any and all liability arising out of injuries to person or property in the utilization of said safety paths and in claims arising from damage from or damage to the retaining walls or fencing located in the City right of way.

12. The Township will contribute 50% of all costs including materials, labor, engineering fees, permit costs, construction, etc. for the repair and/or replacement of the new concrete curbs installed for the safety paths. The City agrees to notify the Township 30 days prior to commencing the work with the amount of the costs for such work to be paid upon the issuance of an invoice after the work is completed with the detailed breakdown of actual costs incurred by the City.

13. In the event the City elects to widen all of or part of Lahser or Hickory Grove Roads including intersection improvements, which may conflict with the Township safety paths, the Township at their sole expense shall relocate the path or pay for the relocation thru the City’s proposed road improvement project. The City agrees to provide an easement for the safety path during and after such road improvement as necessary to maintain a continuous route of travel for the relocated safety path. Furthermore, the City will notify the Township six months in advance to such proposed improvements and grant the Township the first right to relocate the safety path within the provided easements in accordance with the City’s project at the Township’s expense independent to the City’s road improvement.

14. Nothing in this agreement or the permanent easement shall prohibit the City from conveying either of both of the above mentioned rights of way to the Road Commission for Oakland County in the future.

15. This Agreement shall be binding and inure to the benefit of the parties hereto, their representatives, successors and assigns.

16. This Agreement contains all of the agreements of the parties and any amendments thereto must be in writing and signed by both parties.

On the ________ day of May 2006, before me personally appeared on behalf of the Charter Township of Bloomfield, David Payne, Supervisor and Janet Roncelli, Clerk to me known to be the same person(s) described in and who executed the foregoing document and acknowledged that the executed the same as their free act and deed.

____________________________

, Notary Public

Oakland County, Michigan

My Commission Expires:____________

State of Michigan )

)ss

County of Oakland)

On the ________ day of May 2006, before me personally appeared on behalf of the City of Bloomfield Hills, Paul Zelenak, City Manager and ____________, Mayor to me known to be the same person(s) described in and who executed the foregoing document and acknowledged that the executed the same as their free act and deed.

____________________________

, Notary Public

Oakland County, Michigan

My Commission Expires:____________

PREPARED BY AND WHEN

RECORDED RETURN TO:

William P. Hampton

P.O. Box 3040

Farmington Hills, MI 48333-3040

(248) 851-9500

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

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the foregoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on May 8, 2006.

______________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #6 2006 Safety Path Bid Award – Presented by Wayne Domine

In accordance with the 2004 millage renewal, this year’s safety path areas targeted for 2006 construction are Squirrel Road, Lahser Road, Hickory Grove and Woodward Avenue.

Domine recommended awarding the bid to Italia Construction, Inc., whose bid came in at $1,142,219.50 (the lowest of those submitted). This award is contingent upon the easement agreement being accepted by the City of Bloomfield Hills.

A complete copy of the bid results is on file in the Bloomfield Township Clerk’s Office.

Supervisor Payne asked if any residents in the audience would like to address the Board regarding this agenda item and 16 residents spoke (see Public Comment for resident information).

Supervisor Payne commended Domine and Hubbell, Roth and Clark, Inc., engineers for the safety path program. They have done a superb job placing the paths and maintaining the natural beauty of the Township.

Several Board members thanked the audience for their comments and voiced their support of the safety path program.

MOTION by Devine and SUPPORT by Savoie to ACCEPT the bids on the Safety Paths for 2006 as presented and AWARD the Contract to Italia Construction, Inc.

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

NAYS: None

ITEM #7 Class C Liquor License Request (Crust Pizza, 6622 Telegraph Rd.) – Presented by Patti McCullough

MOTION by Barnett and SUPPORT by Buckley to APPROVE the Class C Liquor License Request for Crust Pizza.

At a regular meeting of the Board of Trustees, Charter Township of Bloomfield, called to order by Supervisor Payne on May 8, 2006, at 8:00 p.m., the following resolution was offered:

Moved by Trustee Neal Barnett and supported by Trustee David Buckley.

That the request from Crust Pizza, Bloomfield Twp, LLC for a new full year Class C Liquor License to be located at 6622 Telegraph Rd., Ste. A6622, Bloomfield Hills, MI 48301, Bloomfield Township, Oakland County

Approval Disapproval

Yeas: Unanimous Yeas: None

It is the consensus of this legislative body that the application be recommended for issuance.

State of Michigan )

County of Oakland )

I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the Charter Township of Bloomfield Board of Trustees at a regular meeting held on the 8th of May, 2006.

________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #8 Class C Liquor License Request (Steve’s Deli, 6646 Telegraph Rd.) – Presented by Patti McCullough

MOTION by Buckley and SUPPORT by Roncelli to APPROVE the Class C Liquor License Request for Steve’s Deli.

At a regular meeting of the Board of Trustees, Charter Township of Bloomfield, called to order by Supervisor Payne on May 8, 2006, at 8:00 p.m., the following resolution was offered:

Moved by Trustee David Buckley and supported by Township Clerk Janet Roncelli.

That the request from Steve’s Deli, Inc. for a new full year Class C Liquor License to be located at 6646 Telegraph Rd., Bloomfield Hills, MI 48301, Bloomfield Township, Oakland County

Approval Disapproval

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

It is the consensus of this legislative body that the application be recommended for issuance.

State of Michigan )

County of Oakland )

I hereby certify that the foregoing is a true and complete copy of a resolution offered and adopted by the Charter Township of Bloomfield Board of Trustees at a regular meeting held on the 8th of May, 2006.

ITEM #9 2005 Planning Department Annual Report – Presented by Patti McCullough

Some highlights of this report include a record list of reviews by the Design Review Board, Master Plan preparation, Bloomfield Technology Park, Burlington/Bloomfield Shopping Center and Bloomfield Park.

A complete copy of this report is on file in the Bloomfield Township Clerk’s Office.

MOTION by Savoie and SUPPORT by Barnett to ACCEPT the 2005 Planning Department Annual Report.

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

NAYS: None

ITEM #10 Revised Ballot Language – Renewal of the Public Safety and Road Maintenance Millages

MOTION by Savoie and SUPPORT by Buckley to APPROVE the Revised Ballot Language for Renewal of the Public Safety Millage.

PUBLIC SAFETY MILLAGE RENEWAL

Shall the Charter Township of Bloomfield be authorized to levy 2.0114 mills, for an additional period of ten years, to finance continued fire, police and public safety protection, commencing with the December 2007 levy? Approval of this proposal would renew the authority to levy millage approved in 1996 above the tax limitation imposed by section 31 of article IX of the state constitution of 1963. It is estimated that this levy would result in the authorization to collect approximately $7,508,300.00 in the first year of levy.

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

NAYS: None

MOTION by Barnett and SUPPORT by Roncelli to APPROVE the Revised Ballot Language for Renewal of the Road Maintenance Millage.

ROAD MAINTENANCE MILLAGE RENEWAL

Shall the Charter Township of Bloomfield be authorized to levy .7180 mills, for an additional period of ten years, to finance continued road maintenance, commencing with the December 2007 levy? Approval of this proposal would renew the authority to levy millage approved in 1996 above the tax limitation imposed by section 31 of article IX of the state constitution of 1963. It is estimated that this levy would result in the authorization to collect approximately $2,680,200.00 in the first year of levy.

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

NAYS: None

ITEM #11 Consider Resolution for Building Program Bond Proposition

Supervisor Payne explained the tremendous need for a new public works facility.

MOTION by Savoie and SUPPORT by Barnett to APPROVE the Building Program Bond Proposition Resolution.

RESOLUTION APPROVING SUBMISSION

  OF BOND PROPOSITION TO ELECTORS  

At a regular meeting of the Township Board of the Charter Township of Bloomfield held on May 8, 2006, at 8:00 p.m., Eastern Daylight Time.

PRESENT: Trustee Neal Barnett, Trustee David Buckley, Trustee Sherry Stefanes, Trustee Leo Savoie, Township Supervisor David Payne, Township Clerk Janet Roncelli and Township Treasurer Dan Devine. Also present, Attorney William Hampton.

ABSENT: None

The following resolution was offered by SAVOIE and seconded by BARNETT:

WHEREAS, pursuant to Act No. 359, Public Acts of Michigan, 1947, as amended, the Charter Township of Bloomfield (the "Township") is authorized to borrow money for the purpose of constructing or otherwise acquiring public improvements; and

WHEREAS, the Township Board has determined that it is appropriate to submit a bond proposition to the electors of the Township at the primary election to be held on August 8, 2006, for the purpose hereinafter set forth.

NOW, THEREFORE, BE IT RESOLVED by the Township Board of the Charter Township of Bloomfield as follows:

1. The following proposition shall be submitted to the electors of the Township at the primary election to be held in the Township on August 8, 2006, to-wit:

BUILDING PROGRAM BOND PROPOSITION

Shall the Charter Township of Bloomfield, Oakland County, Michigan, borrow an amount not to exceed Twenty-Six Million Dollars ($26,000,000) and issue its general obligation unlimited tax bonds in one or more series for the purpose of funding its long-term building program and paying the costs of:

acquiring, constructing, furnishing and equipping a senior citizens center in the Township and acquiring and improving the site therefor;

acquiring, constructing, furnishing and equipping a public services building in the Township and improving the site therefor; and

acquiring, constructing, furnishing and equipping a central fire station in the Township and improving the site therefor, and renovating and constructing an addition to the Westview Road fire station?

The maximum number of years each series of bonds may be outstanding, exclusive of refunding, is 25 years; the estimated millage that will be levied to pay the proposed bonds in the first year that the levy is authorized is 0.5725 mills (which is equal to $0.5725 per $1,000 of taxable value of real and personal property in the Township); and the estimated simple average annual millage that will be required to retire the bonds is 0.3808 mills.

The Township Clerk is hereby directed to do all things necessary to provide for the submission of the aforesaid proposition to the electors of the Township at the primary election to be held on August 8, 2006.

3. That all resolutions and parts of resolutions, insofar as the same may be in conflict herewith, are hereby rescinded.

YEAS: Trustee Neal Barnett, Trustee David Buckley, Trustee Sherry Stefanes, Trustee Leo Savoie, Township Supervisor David Payne, Township Clerk Janet Roncelli and Township Treasurer Dan Devine.

NAYS: None

RESOLUTION DECLARED ADOPTED.

STATE OF MICHIGAN )

)ss

COUNTY OF OAKLAND )

I, the undersigned, the duly qualified and acting Township Clerk of the Charter Township of Bloomfield, Oakland County, Michigan, do hereby certify

that the foregoing is a true and complete copy of a resolution adopted at a regular meeting of the Township Board of said Township, held on May 8, 2006, the original of which resolution is on file in my office. I further certify that notice of said meeting was given in accordance with the Open Meetings Act.

______________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #12 General Obligation Limited Tax Bonds, Series 2006 (Bond Sale for Township’s Water Supply System)

Terence Donnelly, Bond Counsel, Dickinson Wright PLLC, advised the Board that the bond sale held today had been successful. The Township received 12 bids, a testament to it’s financial rating. The lowest bid, 4.19 percent, was received from JP Morgan Securities in New York.

MOTION by Barnett and SUPPORT by Buckley to APPROVE the General Obligation Limited Tax Bonds, Series 2006.

At a regular meeting of the Township Board of the Charter Township of Bloomfield held on May 8, 2006, at 8:00 p.m., Michigan Time.

PRESENT: Trustee Neal Barnett, Trustee David Buckley, Trustee Sherry Stefanes, Trustee Leo Savoie, Township Supervisor David Payne, Township Clerk Janet Roncelli and Township Treasurer Dan Devine. Also present, Attorney William Hampton.

ABSENT: None

The following resolution was offered by BARNETT and seconded by BUCKLEY:

WHEREAS, the letter from the Michigan Department of Treasury, dated October 7, 2005, granting qualified status to the Charter Township of Bloomfield (the "Township") pursuant to Act 34, Public Acts of Michigan, 2001, as amended, has been received and filed by the Township Clerk; and

WHEREAS, 11:30 a.m. on this day was the time set for the opening of proposals for purchase of the Township's $4,470,000 General Obligation Limited Tax Bonds, Series 2006 (the "Bonds"), as advertised in The Bond Buyer on April 26, 2006; and

WHEREAS, the Township Clerk has reported that the following proposals were received on or before 11:30 o'clock a.m., Eastern Daylight Time, on this day, which proposals were then duly opened, and as to interest rates, discount and premium were as follows:

See attached results of bidding.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP BOARD OF THE CHARTER TOWNSHIP OF BLOOMFIELD, AS FOLLOWS:

The fixing of this date as the date of sale of the Bonds, and the notice of such sale as published is hereby ratified and confirmed, in conformance with the Bond Resolution authorizing issuance of the Bonds adopted on April 10, 2006 (the "Bond Resolution").

(same being the bid which produces the lowest true interest cost to the Township), be and the same hereby is accepted. All other bids are rejected and the bidding checks shall be returned to the unsuccessful bidders.

3. The Bonds shall be issued in accordance with the terms set forth in the Bond Resolution, bearing interest as set forth above.

4. J.P. Morgan Trust Company, National Association is appointed bond registrar and paying agent for the Bonds.

5. All resolutions and parts of resolutions insofar as they may be in conflict herewith are hereby rescinded.

YEAS: Trustee Neal Barnett, Trustee David Buckley, Trustee Sherry Stefanes, Trustee Leo Savoie, Township Supervisor David Payne, Township Clerk Janet Roncelli and Township Treasurer Dan Devine.

NAYS: None

RESOLUTION ADOPTED.

STATE OF MICHIGAN )

) SS

COUNTY OF OAKLAND )

I, the undersigned, the duly qualified and acting Township Clerk of the Charter Township of Bloomfield, Oakland County, Michigan, do hereby certify that the foregoing is a true and complete copy of a resolution duly adopted at a regular meeting of the Township Board of said Township, held on May 8, 2006, the original of which resolution is on file in my office. I further certify that notice of said meeting was given in accordance with the Open Meetings Act.

______________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #13 Approve Payroll and Vouchers

MOTION by Roncelli and SUPPORT by Stefanes to APPROVE payroll and vouchers A001548-A001570; B010582-B010738; E001848-E001858 totaling $5,997,505.98.

ITEM #14 Public Comment

The following residents addressed the Board regarding the Squirrel Road safety path

Supervisor Payne advised the Board of future actions regarding an abandoned construction site on Charing Cross Road and having the structure demolished, which the Bloomfield Estates Improvement Association Letter also addresses.

Payne also updated the Board on Bloomfield Park. The City of Pontiac had requested that a barricade be established to prohibit dumping on Bloomfield Park land. Payne and Patti McCullough, Director of Planning and Building, met with the City of Pontiac and this permit for a barricade will be suspended due to safety as well as aesthetic issues.

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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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