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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
MONDAY, APRIL 10, 2006

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

Also present, Attorney Derk Beckerleg

ABSENT: None

Supervisor Payne welcomed the public and led the Pledge of Allegiance

 

ITEM #1 Approve Board Minutes of March 13, 2006 and Study Session of March 20, 2006

Trustee Savoie voiced his concern that Item #4 of the Board Minutes from March 13, 2006, may not have the correct motion. Clerk Roncelli stated that the tape of the meeting will be reviewed for accuracy and the minutes will be resubmitted at the next Board Meeting.

MOTION by Barnett and SUPPORT by Savoie to APPROVE Study Session Minutes of February 27, 2006 as printed.

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

NAYS: None

 

ITEM #2 2005 Police Department Awards

Supervisor Payne commended these men and women who work for the betterment of Bloomfield Township.

Police Chief Donald Zimmerman presented the awards. The following people were recognized:

Mr. Robert Loupee – Distinguished Citizen Award

Ms. Carol George – Citizen Letter of Appreciation

Ms. Margaret Adams – Citizen Letter of Appreciation

Sgt. Tim Abbo – Life Saving Award

Officer Dave Comerford and Officer Chris Vargo – Meritorious Service Award

Dispatcher Terri Nordquist, Dispatcher Meg Wolfe and Officer Jim Gallagher – Honorable Mention Certificate

Records Clerk Nina Houghton – Honorable Mention Certificate

Officer Sean Kelley – Letter of Recognition Certificate

Officer April Switala – Honorable Mention Certificate

Officer Scott Monkkonen – Letter of Recognition Certificate

Officer Gary Godlewski – Chief’s Merit Award

Officer John Huizdos – 2005 Officer of the Year

 

ITEM #3 Renewal of Class C and Tavern Liquor Licenses

Chief Zimmerman and the Police Department prepared the report for the Board.

MOTION by Savoie and SUPPORT by Buckley to APPROVE the Renewal of the Class C and Tavern liquor licenses.

RESOLUTION FOR APPROVAL OF LIQUOR LICENSE RENEWALS

WHEREAS the Bloomfield Township Police Department has provided a report for the 2005/2006 renewal of Class C and Tavern liquor licenses in Bloomfield Township; and

WHEREAS the Bloomfield Township Police Department recommends renewal of all current licenses,

THEREFORE BE IT RESOLVED that the Bloomfield Township Board of Trustees concurs with the report of the Police Department that all licenses should be renewed with no objections forwarded to the State Liquor License Control for the current holders of Class C and Tavern liquor licenses in Bloomfield Township.

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 April 10, 2006.

____________________________

JANET M. RONCELLI

TOWNSHIP CLERK

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

NAYS: None

 

ITEM #4 Award Contract for Water Main Replacements in Hickory Heights Subdivision – Presented by Wayne Domine

In 2001, the Water System Reliability Study recommended that the Township replace undersized water mains in order to improve system pressures and meet current regulations. The old 4" and 6" water lines in Hickory Heights Subdivision will be replaced with new 8" and 12" lines.

This project was sent out to bid and the lowest bid was $2,293,476.19 from Cameron Construction Co.

Wayne Domine, Director, Engineering and Environmental, recommended awarding the contract to Cameron Construction Co.

Supervisor Payne asked for audience comments. One audience member asked how this project would affect the subdivision. Domine responded that it would be accomplished using directional bore, which will limit the inconvenience to residents as much as possible.

MOTION by Barnett and SUPPORT by Stefanes to AWARD the Contract for Water Main Replacements in Hickory Heights Subdivision to Cameron Construction Co.

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

NAYS: None

 

ITEM #5 Award Contract for Woodward Tree Planting – Presented by Wayne Domine

The Township received a $20,000.00 grant for planting trees on Woodward Avenue. The grant funds, which will help replace trees lost at this location due to the Emerald Ash Borer, must be used by July 31,2006.

The Engineering, DPW-Grounds Division and GIS Departments worked as a team, enabling the project to be developed completely in-house. Chaszar Mastellar submitted the lowest bid at $69, 960.00. The Township’s cost will be $49,960.00 with the balance paid for with the grant funds.

Supervisor Payne complimented Domine and his staff on the great job they had performed.

There was a question from the audience regarding irrigation. Supervisor Payne responded that maintenance and warranty of the trees were part of the bidding process.

MOTION by Buckley and SUPPORT by Barnett to AWARD the Contract for Woodward Tree Planting to Chaszar Mastellar.

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

NAYS: None

 

ITEM #6 Consider Proposed Engineering Services for Westbourne Pumping Facility – Presented by Wayne Domine

This facility was built 50 years ago to provide additional water to Bloomfield District 1. Hubbell, Roth & Clark, Inc. performed an inspection and provided a report to the Township regarding upgrades. The most notable areas in need of improvement include the outside door and windows, south wall seepage, and thinning of the pipe walls.

Trustee Savoie asked what would happen to the water in this area if the Township did not have this facility. Domine responded that during certain conditions in the summer this area (approximately 15 percent of the Township) would have insufficient water pressure.

Trustee Stefanes asked about a possible park using the greenspace around the building. Domine responded that a portion of the greenspace area would not be needed unless the Township wanted another storage facility. He is aware of interest by the Homeowners Association for a park.

Trustee Stefanes also asked if enhancements could be made to the appearance of the building. Domine said that there is money in the proposal for aesthetic improvements.

Trustee Buckley questioned what would happen if a pipe were to burst at this facility. Domine said that the area would be on restriction until the problem could be corrected.

MOTION by Savoie and SUPPORT by Barnett to AUTHORIZE Hubbell, Roth & Clark, Inc. to proceed with the engineering design for the Westbourne Pumping Facility Rehabilitation.

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

NAYS: None

 

ITEM #7 Authorize Bond Issuance and Contract of Employment (Hickory Heights Subdivision and Westbourne Pumping Facility) – Terence Donnelly will be available for questions

Supervisor Payne explained to the Board that the Bond Issuance and Contract of Employment were for the previous two agenda items.

MOTION by Savoie and SUPPORT by Buckley to AUTHORIZE the Issuance of Bonds in the amount of $4,470,000.00 to Finance the Water Supply System Improvements for the Hickory Heights Subdivision and the Westbourne Pumping Facility.

RESOLUTION AUTHORIZING ISSUANCE OF

GENERAL OBLIGATION LIMITED TAX BONDS, SERIES 2006

WHEREAS, the Township Board of the Charter Township of Bloomfield (the "Township") has determined to undertake improvements to the Township's water supply system (the "Water System") consisting of water main replacement and improvements for the Hickory Heights Subdivision area and improvements to the existing Westbourne booster pumping facility (collectively, the "Project"); and

WHEREAS, the Township is authorized to issue bonds under Section 517 of Act 34, Public Acts of Michigan, 2001, as amended ("Act 34") and use the proceeds of the sale of such bonds to pay all or part of the cost of capital improvement items such as the Project; and

WHEREAS, the Township has determined that it is in the best interest of the Township to issue bonds under Section 517 of Act 34 for the purpose of paying the cost of the Project.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWNSHIP BOARD OF THE CHARTER TOWNSHIP OF BLOOMFIELD, OAKLAND COUNTY, MICHIGAN, as follows:

1. AUTHORIZATION OF BONDS - PURPOSE. Bonds of the Township aggregating the principal sum of Four Million Four Hundred Seventy Thousand Dollars ($4,470,000) shall be issued and sold for the purpose of defraying the cost of the Project.

BOND DETAILS. The bonds shall be designated "General Obligation Limited Tax Bonds, Series 2006"; shall be dated May 1, 2006; shall be numbered from 1 upwards; shall be fully registered; shall be in the denomination of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the option of the purchaser thereof; shall bear interest at a rate or rates not exceeding 6% per annum to be determined upon the sale thereof, payable on May 1, 2007 and semiannually thereafter on the first days of May and November in each year; and shall mature on May 1 of each year as follows:

Year

Principal Amount

Year

Principal Amount

2007

$ 50,000

2017

$200,000

2008

70,000

2018

300,000

2009

100,000

2019

300,000

2010

100,000

2020

300,000

2011

125,000

2021

300,000

2012

125,000

2022

300,000

2013

200,000

2023

300,000

2014

200,000

2024

300,000

2015

200,000

2025

400,000

2016

200,000

2026

400,000

3. PAYMENT OF PRINCIPAL AND INTEREST. The principal of and interest on the bonds shall be payable in lawful money of the United States. Principal shall be payable upon presentation and surrender of the bonds to the bond registrar and paying agent as they severally mature. Interest shall be paid to the registered owner of each bond as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond registrar and paying agent to the registered owner at the registered address.

4. BOOK-ENTRY SYSTEM. Initially, one fully-registered bond for each maturity, in the aggregate amount of such maturity, shall be issued in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC") for the benefit of other parties (the "Participants") in the book-entry-only transfer system of DTC. In the event the Township determines that it is in the best interest of the Township not to continue the book-entry system of transfer or that the interests of the holders of the bonds might be adversely affected if the book-entry system of transfer is continued, the Township may notify DTC and the bond registrar and paying agent, whereupon DTC will notify the Participants of the availability through DTC of bond certificates. In such event, the bond registrar and paying agent shall deliver, transfer and exchange bond certificates as requested by DTC and any Participant or "beneficial owner" in appropriate amounts in accordance with this Bond Resolution. DTC may determine to discontinue providing its services with respect to the bonds at any time by giving notice to the Township and the bond registrar and paying agent and discharging its responsibilities with respect thereto under applicable law or the Township may determine that DTC is incapable of discharging its duties and may so advise DTC. In either such event, the Township shall use reasonable efforts to locate another securities depository. Under such circumstances (if there is no successor securities depository), the Township and the bond registrar and paying agent shall be obligated to deliver bond certificates in accordance with the procedures established by this Bond Resolution. In the event bond certificates are issued, the provisions of this Bond Resolution shall apply to, among other things, the transfer and exchange of such certificates and the method of payment of principal of and interest on such certificates. Whenever DTC requests the Township and the bond registrar and paying agent to do so, the Township and the bond registrar and paying agent shall cooperate with DTC in taking appropriate action after reasonable notice to make available one or more separate certificates evidencing the bonds to any Participant having bonds certificated to its DTC account or to arrange for another securities depository to maintain custody of certificates evidencing the bonds.

Notwithstanding any other provision of this Bond Resolution to the contrary, so long as any bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of, interest on and redemption premium, if any, on the bonds and all notices with respect to the bonds shall be made and given, respectively, to DTC as provided in the Blanket Issuer Letter of Representations between DTC and the Township, and the Supervisor is authorized to sign such additional documents as he deems necessary or appropriate in order to accomplish the issuance of the bonds in accordance with law and this Bond Resolution.

5. MANDATORY PRIOR REDEMPTION. If any of the bonds are designated by the original purchaser as term bonds such bonds shall be subject to mandatory prior redemption at par and accrued interest in accordance with the maturity schedule set forth in Section 2 hereof and upon the terms and conditions set forth in the form of bond contained in Section 10 hereof. The bonds to be redeemed shall be selected by lot.

6. OPTIONAL PRIOR REDEMPTION. The bonds shall be subject to optional redemption prior to maturity upon the terms and conditions set forth in the form of bond contained in Section 10 hereof.

7. BOND REGISTRAR AND PAYING AGENT. The Township shall designate, and may enter into an agreement with, a bond registrar and paying agent for the bonds which shall be a bank or trust company located in the State of Michigan which is qualified to act in such capacity under the laws of the United States of America or the State of Michigan. The Township may from time to time as required designate a similarly qualified successor bond registrar and paying agent.

8. EXECUTION, AUTHENTICATION AND DELIVERY OF BONDS. The bonds shall be executed in the name of the Township by the manual or facsimile signatures of the Supervisor and the Township Clerk and authenticated by the manual signature of an authorized representative of the bond registrar and paying agent, and the seal of the Township (or a facsimile thereof) shall be impressed or imprinted on the bonds. After the bonds have been executed and authenticated for delivery to the original purchaser thereof, they shall be delivered by the Township Treasurer to the purchaser upon receipt of the purchase price. Additional bonds bearing the facsimile signatures of the Supervisor and the Township Clerk and upon which the seal of the Township (or a facsimile thereof) is impressed or imprinted may be delivered to the bond registrar and paying agent for authentication and delivery in connection with the exchange or transfer of bonds. The bond registrar and paying agent shall indicate on each bond the date of its authentication.

9. EXCHANGE AND TRANSFER OF BONDS. Any bond, upon surrender thereof to the bond registrar and paying agent with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney, at the option of the registered owner thereof, may be exchanged for bonds of any other authorized denominations of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond.

Each bond shall be transferable only upon the books of the Township, which shall be kept for that purpose by the bond registrar and paying agent, upon surrender of such bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the registered owner or his duly authorized attorney.

Upon the exchange or transfer of any bond, the bond registrar and paying agent on behalf of the Township shall cancel the surrendered bond and shall authenticate and deliver to the transferee a new bond or bonds of any authorized denomination of the same aggregate principal amount and maturity date and bearing the same rate of interest as the surrendered bond. If, at the time the bond registrar and paying agent authenticates and delivers a new bond pursuant to this section, payment of interest on the bonds is in default, the bond registrar and paying agent shall endorse upon the new bond the following: "Payment of interest on this bond is in default. The last date to which interest has been paid is _________________."

The Township and the bond registrar and paying agent may deem and treat the person in whose name any bond shall be registered upon the books of the Township as the absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of the principal of and interest on such bond and for all other purposes, and all payments made to any such registered owner, or upon his order, in accordance with the provisions of Section 3 of this Bond Resolution shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid, and neither the Township nor the bond registrar and paying agent shall be affected by any notice to the contrary. The Township agrees to indemnify and save the bond registrar and paying agent harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without negligence hereunder, in so treating such registered owner.

For every exchange or transfer of bonds, the Township or the bond registrar and paying agent may make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer.

The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption.

10. FORM OF BONDS. The bonds shall be in substantially the following form:

UNITED STATES OF AMERICA

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF BLOOMFIELD

GENERAL OBLIGATION LIMITED TAX BOND

SERIES 2006

INTEREST RATE

MATURITY DATE

DATE OF ORIGINAL ISSUE

CUSIP

   

May 1, 2006

 

Registered Owner:

Principal Amount:

The Charter Township of Bloomfield, County of Oakland, State of Michigan (the "Township"), acknowledges itself indebted to, and for value received, hereby promises to pay to the Registered Owner identified above, or registered assigns, the Principal Amount set forth above on the maturity date specified above, unless redeemed prior thereto as hereinafter provided, upon presentation and surrender of this bond at the corporate trust office of __________________________, _________, Michigan, the bond registrar and paying agent, or at such successor bond registrar and paying agent as may be designated pursuant to the Resolution identified below, and to pay to the Registered Owner at the close of business on the 15th day of the calendar month preceding the month in which an interest payment is due, by check or draft drawn upon and mailed by the bond registrar and paying agent by first class mail postage prepaid to the Registered Owner at the registered address, interest on such Principal Amount until the Township's obligation with respect to the payment of such Principal Amount is discharged, at the rate per annum specified above. Interest is payable on the first days of May and November in each year, commencing on May 1, 2007. Principal and interest are payable in lawful money of the United States of America.

This bond is one of a series of bonds aggregating the principal sum of Four Million Four Hundred Seventy Thousand Dollars ($4,470,000) issued by the Township under and pursuant to and in full conformity with the Constitution and Statutes of Michigan (especially Act 34, Public Acts of 2001, as amended) and a bond authorizing resolution adopted by the Township Board of the Township (the "Resolution") to defray the costs of improvements to the Township's water supply system (the "Water System"). The revenues derived from the users of the Water System and the full faith and credit of the Township have been pledged to the prompt payment of the principal of and interest on this bond. In the event and to the extent that the revenues derived from the users of the Water System are not sufficient to pay the principal of and interest on the bonds of this series, such principal and interest are payable as a first budget obligation of the Township from its general funds. The ability of the Township to raise such funds is subject to applicable constitutional, statutory and charter limitations on the taxing power of the Township.

This bond is transferable, as provided in the Resolution, only upon the books of the Township kept for that purpose by the bond registrar and paying agent, upon the surrender of this bond together with a written instrument of transfer satisfactory to the bond registrar and paying agent duly executed by the Registered Owner or his attorney duly authorized in writing. Upon the exchange or transfer of this bond a new bond or bonds of any authorized denomination, in the same aggregate principal amount and of the same interest rate and maturity, shall be authenticated and delivered to the transferee in exchange therefor as provided in the Resolution, and upon payment of the charges, if any, therein provided. Bonds so authenticated and delivered shall be in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount for each maturity.

MANDATORY PRIOR REDEMPTION

Bonds maturing in the year ____ are subject to mandatory prior redemption at par and accrued interest as follows:

Redemption Date

Principal Amount of
Bonds to be Redeemed

   
   
   
   
   
   

(REPEAT IF MORE THAN ONE TERM BOND)

Bonds or portions of bonds to be redeemed by mandatory redemption shall be selected by lot.

OPTIONAL PRIOR REDEMPTION

Bonds maturing prior to May 1, 2016, are not subject to optional redemption prior to maturity. Bonds maturing on and after May 1, 2016, are subject to redemption prior to maturity at the option of the Township, in whole or in part, in such order as shall be determined by the Township, on any date on and after May 1, 2015. Bonds of a denomination greater than $5,000 may be partially redeemed in the amount of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus interest to the date fixed for redemption.

Not less than thirty days notice of redemption shall be given to the holders of bonds called to be redeemed by mail to the registered holder at the registered address. Bonds or portions of bonds called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the bond registrar and paying agent to redeem the same.

The bond registrar and paying agent shall not be required to transfer or exchange bonds or portions of bonds which have been selected for redemption.

It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the bonds of this series, existed, have happened and have been performed in due time, form and manner as required by law, and that the total indebtedness of the Township, including the series of bonds of which this bond is one, does not exceed any constitutional, statutory or charter limitation.

IN WITNESS WHEREOF, the Charter Township of Bloomfield, Oakland County, Michigan, by its Township Board, has caused this bond to be executed in its name by the manual or facsimile signatures of the Supervisor and the Township Clerk and its corporate seal (or a facsimile thereof) to be impressed or imprinted hereon. This bond shall not be valid unless the Certificate of Authentication has been manually executed by an authorized representative of the bond registrar and paying agent.

CHARTER TOWNSHIP OF BLOOMFIELD

(SEAL)

By:______________________ By:____________________________

Township Clerk Supervisor

CERTIFICATE OF AUTHENTICATION

This bond is one of the bonds described in the within mentioned Resolution.

__________________________

Bond Registrar and Paying Agent

By: ____________________________

Authorized Representative

AUTHENTICATION DATE:

ASSIGNMENT

For value received, the undersigned hereby sells, assigns and transfers unto __________________________________________________ _________________________________________________________________ (please print or type name, address and taxpayer identification number of transferee) the within bond and all rights thereunder and does hereby irrevocably constitute and appoint _____________ _________________________________________________________________ attorney to transfer the within bond on the books kept for registration thereof, with full power of substitution in the premises.

Dated:_______________________ __________________________

Signature Guaranteed

__________________________

Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program.

END OF BOND FORM

11. SECURITY. The revenues derived from the users of the Water System are pledged for the payment of the principal of and interest on the bonds. The bonds shall also be limited tax general obligations of the Township. The full faith and credit of the Township are pledged for the prompt payment of the principal of and interest on the bonds as the same shall become due. Each year the Township shall be obligated, as a first budget obligation, to advance moneys from its general funds or to levy ad valorem property taxes on all taxable property within its corporate boundaries to pay such principal and interest as the same become due in the event and to the extent that the revenues derived from the users of the Water System are not sufficient to make such payment. The ability of the Township to raise funds to pay such amounts is subject to applicable constitutional, statutory and charter limitations on the taxing power of the Township. Nothing in this Section 11 shall preclude the Township from issuing revenue bonds pursuant to Act 94, Public Acts of Michigan, 1933, as amended, to pay the costs of further improvements to the Water System and pledging the revenues derived from the users of the Water System for the payment of such revenue bonds on a parity basis with the bonds authorized herein.

12. DEFEASANCE. In the event cash or direct obligations of the United States or obligations the principal of and interest on which are guaranteed by the United States, or a combination thereof, the principal of and interest on which, without reinvestment, come due at times and in amounts sufficient to pay, at maturity or irrevocable call for earlier optional redemption, the principal of, premium, if any, and interest on the bonds, or any portion thereof, shall have been deposited in trust, this Bond Resolution shall be defeased with respect to such bonds, and the owners of the bonds shall have no further rights under this Bond Resolution except to receive payment of the principal of, premium, if any, and interest on such bonds from the cash or securities deposited in trust and the interest and gains thereon and to transfer and exchange bonds as provided herein.

13. PRINCIPAL AND INTEREST FUND. There shall be established for the bonds a Principal and Interest Fund which shall be kept in a separate bank account. From the proceeds of the sale of the bonds there shall be set aside in the Principal and Interest Fund any premium and accrued interest received from the purchaser of the bonds at the time of delivery of the same. All payments made by the Township pursuant to Section 11 of this Bond Resolution are pledged for payment of the principal of and interest on the bonds and as made shall be placed in the Principal and Interest Fund.

14. CONSTRUCTION FUND. The remainder of the proceeds of the sale of the bonds shall be set aside in a construction fund for the Project and used to acquire and construct the Project and, to the extent not needed to pay the cost of the Project, to acquire and construct additional improvements to the Water System.

15. ESTIMATES OF PERIOD OF USEFULNESS AND COST. The estimates of $4,470,000 as the cost of the Project and of 20 years and upwards as the period of usefulness thereof, as submitted to this Township Board, are approved and adopted.

16. APPROVAL OF MICHIGAN DEPARTMENT OF TREASURY. The issuance and sale of the bonds is subject to approval being granted therefor by the Department of Treasury of the State of Michigan in accordance with Act 34, and the Township has been granted qualified status by the Department of Treasury as provided in Act 34.

17. SALE, ISSUANCE, DELIVERY, TRANSFER AND EXCHANGE OF BONDS. The Township shall sell the bonds at not less than 99% of their par value and accrued interest in accordance with the laws of this state. The Supervisor, the Township Clerk and the Township Treasurer are each authorized to execute and deliver such certificates or documents as bond counsel shall require and to do all other things necessary to effectuate the sale, issuance, delivery, transfer and exchange of the bonds in accordance with the provisions of this Bond Resolution.

18. REPLACEMENT OF BONDS. Upon receipt by the Township Clerk of proof of ownership of an unmatured bond, of satisfactory evidence that the bond has been lost, apparently destroyed or wrongfully taken and of security or indemnity which complies with applicable law and is satisfactory to the Township Clerk, the Township Clerk may authorize the bond registrar and paying agent to deliver a new executed bond to replace the bond lost, apparently destroyed or wrongfully taken in compliance with applicable law. In the event an outstanding matured bond is lost, apparently destroyed or wrongfully taken, the Township Clerk may authorize the bond registrar and paying agent to pay the bond without presentation upon the receipt of the same documentation required for the delivery of a replacement bond. The bond registrar and paying agent, for each new bond delivered or paid without presentation as provided above, shall require the payment of expenses, including counsel fees, which may be incurred by the bond registrar and paying agent and the Township in the premises. Any bond delivered pursuant the provisions of this Section 18 in lieu of any bond lost, apparently destroyed or wrongfully taken shall be of the same form and tenor and be secured in the same manner as the bond in substitution for which such bond was delivered.

19. TAX COVENANT. The Township covenants to comply with all requirements of the

Internal Revenue Code of 1986, as amended, necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes. The Supervisor, the Township Clerk, the Township Treasurer and other appropriate Township officials are authorized to do all things necessary to assure that the interest on the bonds will be and will remain excludable from gross income for federal income tax purposes.

20. QUALIFIED TAX EXEMPT OBLIGATIONS. The bonds are hereby designated as Qualified Tax Exempt Obligations as described in Section 265(b)(3)(B) of the Internal Revenue Code of 1986, as amended.

21. NOTICE OF SALE. Sealed bids for the purchase of the bonds shall be received up to such time as shall hereafter be determined by the Supervisor. The Notice of Sale for the bonds shall be published in accordance with law in The Bond Buyer and shall be in substantially the following form:

OFFICIAL NOTICE OF SALE

$4,470,000

CHARTER TOWNSHIP OF BLOOMFIELD

COUNTY OF OAKLAND, STATE OF MICHIGAN

GENERAL OBLIGATION LIMITED TAX BONDS,

SERIES 2006

SEALED BIDS for the purchase of the above bonds will be received in the office of the Township Clerk of the Charter Township of Bloomfield, 4200 Telegraph Road, Bloomfield Hills, Michigan 48303, on __________, the ____ day of _________, 2006, until ____ o'clock, _.M., Eastern Daylight Time, at which time and place said bids will be publicly opened and read. Bids also will be received on the same date and until the same time by an agent of the undersigned at the offices of Bendzinski & Co., Municipal Finance Advisors, 607 Shelby, Suite 600, Detroit, Michigan 48226, where they will be opened and read publicly. Bidders may choose either location to present bids, but may not present bids at both locations.

IN THE ALTERNATIVE: Bids may be submitted electronically via PARITY pursuant to this Notice on the same date and until the same time, but no bid will be received after the time for receiving bids specified above. To the extent any instructions or directions set forth in PARITY conflict with this Notice, the terms of this Notice shall control. For further information about PARITY, potential bidders may contact Bendzinski & Co. at (313) 961-8222 or PARITY at (212) 849-5021.

BOND DETAILS: The bonds will be fully registered bonds of the denomination of $5,000 each or any integral multiple thereof not exceeding the aggregate principal amount for each maturity at the option of the purchaser thereof, dated May 1, 2006, and will bear interest from their date payable on May 1, 2007, and semi-annually thereafter.

Said bonds will mature on the first day of May as follows:

Year

Principal Amount

Year

Principal Amount

2007

$ 50,000

2017

$200,000

2008

70,000

2018

300,000

2009

100,000

2019

300,000

2010

100,000

2020

300,000

2011

125,000

2021

300,000

2012

125,000

2022

300,000

2013

200,000

2023

300,000

2014

200,000

2024

300,000

2015

200,000

2025

400,000

2016

200,000

2026

400,000

TERM BOND OPTION: Bidders shall have the option of designating bonds maturing in the years 2016 through final maturity as serial bonds or term bonds, or both. The bid must designate whether each of the principal amounts shown above for the years 2016 through final maturity represent a serial maturity or a mandatory redemption requirement for a term bond maturity. There may be more than one term bond designated. In any event, the above principal amount scheduled for the years 2016 through final maturity shall be represented by either serial bond maturities or mandatory redemption requirements, or a combination of both. Any such designation must be made at the time bids are submitted.

PRIOR REDEMPTION:

A. MANDATORY REDEMPTION. Bonds designated as term bonds shall be subject to mandatory redemption at par and accrued interest on the dates and in the amounts corresponding to the annual principal maturities hereinbefore set forth. The bonds or portions of bonds to be redeemed shall be selected by lot.

B. OPTIONAL REDEMPTION. Bonds maturing on and after May 1, 2016, shall be subject to redemption prior to maturity, at the option of the Township, in whole or in part, in any order, on any date on and after May 1, 2015. Bonds of a denomination greater than $5,000 may be redeemed in part in amounts of $5,000 or any integral multiple thereof. If less than all of the bonds maturing in any year are to be redeemed, the bonds or portions of bonds to be redeemed shall be selected by lot. The redemption price shall be the par value of the bond or portion of the bond called to be redeemed plus interest to the date fixed for redemption.

C. NOTICE OF REDEMPTION. Not less than thirty days' notice of redemption shall be given by mail to the registered owners of bonds called to be redeemed at the registered address. Bonds or portions of bonds called for redemption shall not bear interest after the date fixed for redemption, provided funds are on hand with the bond registrar and paying agent to redeem the same.

INTEREST RATE AND BIDDING DETAILS: The bonds shall bear interest at a rate or rates not exceeding 6% per annum, to be fixed by the bids therefor, expressed in multiples of 1/8 or 1/20 of l%, or both. The interest on any one bond shall be at one rate only and all bonds maturing in any one year must carry the same interest rate. The difference between the highest and lowest interest rate on the bonds shall not exceed 2 percentage points. No proposal for the purchase of less than all of the bonds or at a price less than 99% of their par value will be considered.

BOOK-ENTRY-ONLY: The bonds will be issued in book-entry-only form as one fully registered bond per maturity and will be registered in the name of Cede & Co., as nominee for The Depository Trust Company ("DTC"), New York, New York. DTC will act as securities depository for the bonds. Purchase of the bonds will be made in book-entry-only form, in the denomination of $5,000 or any integral multiple thereof. Purchasers will not receive certificates representing their interest in bonds purchased. The book-entry-only system is described further in the preliminary official statement for the bonds.

BOND REGISTRAR AND PAYING AGENT: The bonds shall be payable as to principal in lawful money of the United States upon surrender thereof at the corporate trust office of __________________________, _______, Michigan, the bond registrar and paying agent. Interest shall be paid to the registered owner of each bond as shown on the registration books at the close of business on the 15th day of the calendar month preceding the month in which the interest payment is due. Interest shall be paid when due by check or draft drawn upon and mailed by the bond registrar and paying agent to the registered owner at the registered address. As long as DTC, or its nominee Cede & Co., is the registered owner of the bonds, payments will be made directly to such registered owner. Disbursement of such payments to DTC participants is the responsibility of DTC and disbursement of such payments to the beneficial owners of the bonds is the responsibility of DTC participants and indirect participants as described in the preliminary official statement for the bonds. The Township may from time to time as required designate a successor bond registrar and paying agent.

PURPOSE AND SECURITY: The bonds are to be issued pursuant to the provisions of Act 34, Public Acts of Michigan, 2001, as amended, to defray the costs of improvements to the Township's water supply system (the "Water System"). The revenues derived from the users of the Water System and the full faith and credit of the Township have been pledged to the prompt payment of the principal of and interest on the bonds. In the event and to the extent that the revenues derived from the users of the Water System are not sufficient to pay the principal of and interest on the bonds, such principal and interest are payable as a first budget obligation of the Township from its general funds. The ability of the Township to raise such funds is subject to applicable constitutional, statutory and charter limitations on the taxing power of the Township.

GOOD FAITH: A certified or cashier's check drawn upon an incorporated bank or trust company or a Financial Surety Bond in the amount of $44,700 and payable to the order of the Treasurer of the Charter Township of Bloomfield must accompany each bid as a guarantee of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid be accepted and the bidder fails to take up and pay for the bonds. If a check is used, it must accompany each bid. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Michigan and such bond must be submitted to the Township’s Financial Consultant referred to below prior to the opening of the bids. The Financial Surety Bond must identify each bidder whose good faith deposit is guaranteed by such Financial Surety Bond. If the bonds are awarded to a bidder utilizing a Financial Surety Bond, then the purchaser (the "Purchaser") is required to submit its good faith deposit to the Township in the form of a cashier's check (or wire transfer such amount as instructed by the Township) not later than Noon, Eastern Daylight Time, on the next business day following the award. If such good faith deposit is not received by that time, the Financial Surety Bond may be drawn upon by the Township to satisfy the good faith deposit requirement. The good faith deposit will be applied to the purchase price of the bonds. In the event the Purchaser fails to honor its accepted bid, the good faith deposit will be retained by the Township. No interest shall be allowed on the good faith checks and checks of the unsuccessful bidders will be promptly returned to each bidder's representative or by overnight courier service. The good faith check of the successful bidder will be immediately cashed and payment for the balance of the purchase price of the bonds shall be made at the closing.

AWARD OF BONDS: The bonds will be awarded to the bidder whose bid produces the lowest true interest cost to the Township. True interest cost shall be computed by determining the annual interest rate (compounded semiannually) necessary to discount the debt service payments on the bonds from the payment dates thereof to __________, 2006, and to the price bid, excluding accrued interest.

LEGAL OPINION: Bids shall be conditioned upon the approving opinion of Dickinson Wright PLLC, attorneys of Detroit, Michigan, the original of which will be furnished without expense to the purchaser of the bonds at the delivery thereof. The fees of Dickinson Wright PLLC for services rendered in connection with such approving opinion are expected to be paid from bond proceeds. Except to the extent necessary to issue its approving opinion as to the validity of the above bonds, Dickinson Wright PLLC has made no inquiry as to any financial information, statements or materials contained in any financial documents, statements or materials that have been or may be furnished in connection with the authorization, issuance or marketing of the bonds, and accordingly will not express any opinion with respect to the accuracy or completeness of any such financial information, statements or materials.

TAX MATTERS: The approving opinion of bond counsel will include an opinion to the effect that under existing law, the interest on the bonds (a) is excluded from gross income for federal income tax purposes, and (b) is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; such opinion will note, however, that certain corporations must take into account interest on the bonds in determining adjusted current earnings for the purpose of computing such alternative minimum tax. The opinion set forth in clause (a) above will be subject to the condition that the Township comply with all requirements of the Internal Revenue Code of 1986, as amended (the "Code"), that must be satisfied subsequent to the issuance of the bonds in order that interest thereon be (or continue to be) excluded from gross income for federal income tax purposes. Failure to comply with certain of such requirements could cause the interest on the bonds to be included in gross income retroactive to the date of issuance of the bonds. The Township has covenanted to comply with all such requirements. Bond counsel will express no opinion regarding other federal tax consequences arising with respect to the bonds.

The Township has designated the bonds as "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Code.

The successful bidder will be required as a condition of delivery of the bonds, to certify the "issue price" of the bonds within the meaning of Section 1273 of the Code. In addition, if the successful bidder will obtain a municipal bond insurance policy or other credit enhancement for the bonds in connection with their original issuance, the successful bidder will be required, as a condition of delivery of the bonds, to certify that the premium therefor will be less than the present value of the interest expected to be saved as a result of such insurance or other credit enhancement. The form of an acceptable certificate will be provided by bond counsel.

In addition, the approving opinion of bond counsel will include an opinion to the effect that under existing law, the bonds and the interest thereon are exempt from all taxation by the State of Michigan or a political subdivision thereof, except estate taxes and taxes on gains realized from the sale, payment or other disposition thereof.

CUSIP: CUSIP numbers will be imprinted on all bonds of this issue at the Township's expense. Neither the failure to print numbers nor an improperly printed number will constitute basis for the purchaser to refuse to accept delivery. The purchaser shall be responsible for requesting assignment of numbers and for the payment of any charges for the assignment of numbers.

OFFICIAL STATEMENT: A copy of the preliminary official statement relating to the bonds may be obtained by contacting the Financial Consultant to the Township referred to below. The preliminary official statement is in a form deemed final by the Township for purposes of paragraph (b)(1) of SEC Rule 15c2-12 (the "Rule"), but is subject to revision, amendment and completion in a final official statement.

After the award of the bonds, the Township will provide on a timely basis 100 copies of a final official statement, as that term is defined in paragraph (f)(3) of the Rule, at the expense of the Township (and such additional copies of the final official statement as reasonably requested by, and at the expense of, the successful bidder or bidders) to enable the successful bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board. Requests for such additional copies of the final official statement shall be made to the Financial Consultant to the Township, within 24 hours of the award of the bonds.

CONTINUING DISCLOSURE: In order to assist bidders in complying with paragraph (b)(5) of the Rule, the Township will undertake, pursuant to a resolution adopted by its governing body and a continuing disclosure certificate, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the preliminary official statement and will also be set forth in the final official statement.

DELIVERY OF BONDS: The Township will furnish bonds ready for execution at its expense. Bonds will be delivered without expense to the purchaser through DTC, New York, New York. The usual closing documents including a continuing disclosure certificate and a certificate that no litigation is pending affecting the issuance of the bonds, will be delivered at the time of the delivery of the bonds. If the bonds are not tendered for delivery by twelve o'clock noon, Eastern Daylight Time, on the 45th day following the date of sale, or the first business day thereafter if said 45th day is not a business day, the successful bidder may on that day, or any time thereafter until delivery of the bonds, withdraw its proposal by serving notice of cancellation, in writing, on the undersigned, in which event the Township shall promptly return the good faith deposit. Payment for the bonds shall be made in Federal Reserve Funds. Accrued interest to the date of delivery of the bonds shall be paid by the purchaser at the time of delivery.

FINANCIAL CONSULTANT: Further information with respect to the bonds may be obtained from Bendzinski & Co., Municipal Finance Advisors, 607 Shelby, Suite 600, Detroit, Michigan 48226, Telephone (313) 961-8222, Fax (313) 961-8220, Financial Consultant to the Township.

THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS.

ENVELOPES containing the bids should be plainly marked "Proposal for Bonds".

 

____________________________________

Township Supervisor

Charter Township of Bloomfield

22. OFFICIAL STATEMENT; CONTINUING DISCLOSURE: The Supervisor, Clerk or Treasurer is authorized to cause the preparation of a preliminary official statement and a final official statement for the bonds for the purpose of enabling compliance with SEC Rule 15c2-12 (the "Rule") by the successful bidder or bidders and to do all other things necessary to enable compliance with the Rule by the successful bidder or bidders. After the award of the bonds, the Township shall provide, on a timely basis, up to 100 copies of the final official statement at its expense (and such additional copies of the final official statement as reasonably requested by, and at the expense of, the successful bidder or bidders) to enable the successful bidder or bidders to comply with paragraph (b)(4) of the Rule and the rules of the Municipal Securities Rulemaking Board.

The Supervisor and the Township Clerk are authorized to deliver a continuing disclosure certificate to the purchasers of the bonds, pursuant to which the Township will undertake to provide annual reports and notices of certain events to assist the purchasers of the bonds in complying with paragraph (b)(5) of the Rule.

23. CONFLICTING RESOLUTIONS. 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 hereby certify that the foregoing is a true and complete copy of a resolution duly adopted by the Township Board of the Charter Township of Bloomfield, Oakland County, Michigan, at a regular meeting held on April 10, 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 provisions of the open meetings act.

_______________________________

Janet M. Roncelli, Township Clerk

Charter Township of Bloomfield

 

MOTION by Savoie and SUPPORT by Barnett to AUTHORIZE the Contract of Employment for Dickinson Wright PLLC to act as Bond Counsel.

 

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

NAYS: None

Click here to view the letter from Dickinson Wright PLLC.

 

ITEM #8 Resolution Determining Necessity and Directing Court Action to Acquire Easement (4477 Chamberlain)

Attorney Beckerleg reminded the Board that the Township has attempted to obtain the water main easement at 4477 Chamberlain, but the resident has been unwilling to cooperate. Therefore, it is necessary to adopt this resolution to obtain eminent domain.

Trustee Savoie questioned the impact of the easement on the structure and also the cost of court action. Beckerleg responded that obtainment of the easement does not affect the structure, but legal fees will be more than the cost to obtain the easement.

Supervisor Payne advised that there is no other alternative and Wayne Domine identified the necessity of this easement.

MOTION by Savoie and SUPPORT by Roncelli to ADOPT the Resolution Determining Necessity and Directing Court Action to Acquire Easement at 4477 Chamberlain.

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF BLOOMFIELD

RESOLUTION DETERMINING NECESSITY AND

DIRECTING CIRCUIT COURT PROCEEDINGS FOR THE

ACQUISITION OF A WATER SYSTEM SUPPLY EASEMENT

 

R E C I T A T I O N S:

The Township Board of the Charter Township of Bloomfield has determined that certain improvements to the Township water supply system are necessary and in the best interest of the public.

The Township Board has further determined that the acquisition of a water supply easement over certain private property located at 4477 Chamberlain is necessary and will be required in order to complete construction of and maintain such improvements.

The Township had the easement appraised by Certified General Appraiser Craig J. Fuller. Mr. Fuller determined the value of the easement to be $1,625.00 as of December 21, 2005.

The Township submitted a good faith offer, as required under Act 87 of the Public Acts of 1980, as amended, to the owner of such private property, for the acquisition of a water supply system easement, but the offer was not accepted.

NOW, THEREFORE, IT IS RESOLVED by the Township Board of the Charter Township of Bloomfield:

1. That the acquisition of the water supply system easement described in Exhibit 1, over the subject property is a public necessity in order to construct and maintain needed improvements to the Township water supply system and the improvements constitute a public necessity, which is in the public interest and for the public benefit in order to ensure the provision of an appropriate level of public services to the Township as a whole.

2. To acquire the described water supply system easement over the described private property, with the Township Attorney authorized and directed to institute the necessary proceedings on behalf of the Charter Township of Bloomfield in the circuit court for the County of Oakland, State of Michigan, for the purpose of acquiring the water supply system easement over the subject property.

3. That the Supervisor is authorized and directed to execute the Declaration of Taking, attached to the Resolution, to be recorded in the Oakland County Register of Deeds.

RESOLUTION DECLARED ADOPTED.

It is hereby certified that the foregoing resolution was duly adopted by the Township Board of the Charter Township of Bloomfield at a meeting duly called and held on the 10th day of April, 2006.

____________________________

JANET M. RONCELLI

TOWNSHIP CLERK

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

NAYS: None

 

ITEM #9 Cable Franchising – Presented by Leslie Helwig

Telephone companies are on the verge of offering cable over phone lines. AT&T is lobbying at the Federal and State levels for a franchise. This would eliminate local franchises. Local franchises offer strong consumer protection as well as social responsibility of channels, which Federal and State franchises would not.

Discussion ensued regarding competition, local revenues, revisions and time sensitivity approving the resolutions. Attorney Beckerleg suggested revising the resolutions to include these concerns.

MOTION by Devine and SUPPORT by Buckley to ADOPT the Resolutions with Counsel’s Revisions.

CHARTER TOWNSHIP OF BLOOMFIELD

A RESOLUTION EXPRESSING

BLOOMFIELD TOWNSHIP IS OPEN-FOR-CABLE/VIDEO BUSINESS, AND

GUARANTEES THAT WE WILL HAVE A FRANCHISE AGREEMENT READY

FOR NEW CABLE/VIDEO PROVIDERS TO CONSIDER

WITHIN DAYS OF A FORMAL REQUEST.

 

WHEREAS, cities, villages and townships have a long and very successful history of supporting the introduction of new cable/video services – a successful deployment made possible in large part by the current system of local cable franchising; and

WHEREAS, the Charter Township of Bloomfield currently has a non-exclusive franchise agreement with Comcast for cable television services and the Township may award additional cable franchises upon application, qualification and compliance with applicable ordinances; and

WHEREAS, AT&T and Verizon have been actively advocating across the country that local cable franchise agreements be eliminated, and

WHEREAS, AT&T is blaming Michigan communities as the reason they cannot enter into the cable/video business, while local communities and local residents want more cable competition and would quickly allow AT&T into their community, AT&T has refused to negotiate a franchise with any city, village or township, and

WHEREAS, local communities’ participation in the cable franchising process ensures build-out requirements so that all residents irrespective of age, race, education, or income level, receive the same service, and

WHEREAS, Bloomfield Township believes that all residents should have access to the same choice of cable/video service.

THEREFORE BE IT RESOLVED, that the Charter Township of Bloomfield is open-for-cable/video business and can guarantee that within days of a formal request we will have a franchise agreement ready for any new cable/video providers’ consideration; and

BE IT FURTHER RESOLVED that AT&T and any other cable provider interested in operating a cable system in Bloomfield Township may apply for a cable system franchise in Bloomfield Township upon receipt of a copy of this Resolution; and

BE IT FURTHER RESOLVED that if the applicant and its submission include a commitment to enter into the same franchise agreement terms as currently exist with the Township’s present cable provider (Comcast) and otherwise qualify and comply with applicable ordinances, the Township is willing to take the necessary steps to grant one or more additional cable television system franchises in the Township upon such terms and compliance; and

BE IT FURTHER RESOLVED that the Township Clerk is hereby directed to send copies of this Resolution and the Township’s existing cable franchise agreement and ordinance to the chief executive officer of AT&T, and to make such materials available to any other provider that requests same or expresses and interest in operating a cable television system in the Charter Township of Bloomfield.

BE IT FURTHER RESOLVED, that the Bloomfield Township Board of Trustees hereby affirms its support for the current local cable franchise agreement system and urges federal and state policymakers to only support legislation that:

Maintains local control of the cable franchise process;

Ensures build-out requirements so that providers are not able to "cherry-pick" customers, or stops current cable providers from shutting down service to current cable service areas;

Ensures no reduction in direct revenues, and protects Public, Educational and Government (PEG) revenues as well as the Township’s current level of Public Broadcasting and current level of services provided to the Township’s residents;

Preserves Michigan’s Metro Act.

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to our state legislators in Lansing, our Congressional representatives in Washington, D.C., Governor Granholm and the Michigan Municipal League.

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 April 10, 2006.

 

________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

CHARTER TOWNSHIP OF BLOOMFIELD

RESOLUTION EXPRESSING

SUPPORT OF LOCAL CONTROL OF CABLE FRANCHISING AND

OPPOSITION TO MICHIGAN SENATE BILL 1157 AND HOUSE BILL 5895

WHEREAS, AT&T and Verizon have been actively advocating across the country that local cable franchise agreements be eliminated, and

WHEREAS, AT&T is blaming Michigan communities as the reason they cannot enter into the cable/video business, while local communities and local residents including Bloomfield Township want more cable competition and would quickly allow AT&T into their community, AT&T has refused to negotiate a franchise with any city, village, or township, and

WHEREAS, legislation introduced in the Michigan Legislature, House Bill 5895 and Senate Bill 1157 would:

Eliminate local cable franchising and require Secretary of State to grant a statewide franchise.

Allow any cable or video provider to stop serving any area in a city, village, or townships based on out-of-state corporate economic decisions. Current law guarantees service to all local residents. Cable and phone companies could turn off service to neighborhoods because they are not profitable, basically ‘cherry-picking’ and ‘redlining’ neighborhoods, and

WHEREAS, local government participation in the cable franchising process ensures build-out requirements so that all residents irrespective of age, race, education, or income level, receive the same service, and

THEREFORE BE IT RESOLVED, that the Charter Township of Bloomfield opposes Senate Bill 1157 and House Bill 5895 and urges our state legislators to oppose the bills.

BE IT FURTHER RESOLVED, that the Bloomfield Township Board of Trustees hereby affirms its support for the current local cable franchise agreement system and urges federal and state policymakers to only support legislation that:

Maintains local control of the cable franchise process;

Ensures build-out requirements so that providers cannot "cherry-pick" customers;

Preserves local governments’ ability to manage the public rights-of-way;

Ensures no reduction in direct revenues, and protects Public, Educational and Government (PEG) revenues as well as the Township’s current level of Public Broadcasting and current level of service provided to Township residents;

Preserves the Michigan Metro Act.

BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to our state legislators in Lansing, our Congressional representatives in Washington, D.C., Governor Granholm and the Michigan Township Association.

 

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 April 10, 2006.

 

________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

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

NAYS: None

 

ITEM #10 Woodward Dream Cruise Amendment – Presented by Leslie Helwig

The amendment would name Deputy Chief Kirt Bowden as alternate.

MOTION by Barnett and SUPPORT by Buckley to AMEND the Woodward Dream Cruise Resolution.

RESOLUTION

WHEREAS, in November of 2005, the Board of Trustees passed an annual resolution to state the Township’s official participation in the Woodward Dream Cruise (WDC); and

WHEREAS, the resolution named Leslie Helwig as Bloomfield Township’s representative to the WDC Board and former Chief of Police Jeffrey Werner as an alternate,

NOW THEREFORE BE IT RESOLVED, that the Charter Township of Bloomfield appoints Deputy Chief Kirt Bowden to serve as Bloomfield Township’s alternate to the WDC Board of Directors.

 

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 April 10, 2006.

________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

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

NAYS: None

 

ITEM #11 Introduction of Ordinance 570 – Proposed Amendment to the Zoning Ordinance (Soil Fill Provisions and Proposed Fee Schedule)

MOTION by Savoie and SUPPORT by Buckley to Introduce Ordinance 570.

CHARTER TOWNSHIP OF BLOOMFIELD

ORDINANCE NO. 570

AN ORDINANCE TO AMEND ORDINANCE NO. 265, AS AMENDED, KNOWN AS THE ZONING ORDINANCE, TO AMEND THE PERMIT FEES APPLICATIONS FOR SOIL FILL APPROVAL.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

Section 1.01. The Zoning Ordinance No. 265, as previously amended, known as the Zoning Ordinance, is amended by revising Article XV, Section 1508 Performance Standards, Section (8) Soil, Sand, Clay, Gravel or Similar Materials removal; Filling, Section (e) permit fees.

Section 2.01. Revise by amending Article XV, Section 1508, Section (8) (e) to read:

e. Permit fees. In removal or filling operations, a fee to cover Building Department review and inspection shall be paid to the Township Clerk at the time of filing any application according to the schedule as established from time to time by resolution of the Township Board. as follows:

Five (5) acres or less $20.00

More than five (5) acres but ten (10) acres or less $30.00

More than ten (10) acres but twenty (20) acres or less $50.00

More than twenty (20) acres $100.00

Where Engineering review is required, a fee to cover review of plans and inspection of the site by the Engineer shall be paid to the Township Clerk prior to the issuance of a permit. Said fee shall be established by resolution of the Township Board.

A receipt shall be issued to the applicant showing the payment of said fee. Upon the issuance of any permit, the fee, therefore, shall be paid into the General Fund of the Township, said sum is to be used to defray the administrative expenses occasioned by processing such application.

Section 3.01. Pursuant to the provisions of Section 11 of Act 184 of the Public Acts of 1943 as amended, the provisions of this Ordinance shall become effective eight (8) days from the date of publication.

Section 4.01. 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 5.01. 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 6.01. Adoption. This Ordinance is hereby declared to have been adopted by the Township Board of the Charter Township of Bloomfield at a meeting thereof duly called and held on the 10th day of April, 2006, and ordered to be given publication in the manner prescribed by law.

I, the undersigned, the duly qualified Clerk of the Charter Township of Bloomfield, Oakland County, Michigan, do hereby certify that the foregoing is a true and complete copy of Ordinance No. 570 adopted by the Township Board on the 10th day of April, 2006, the original is on file in the Clerk’s office.

_________________________________

JANET RONCELLI,

TOWNSHIP CLERK

 

RESOLUTION SETTING SOIL

REMOVAL AND FILLING PERMIT FEES

R E C I T A L S:

The Township has amended the Zoning Ordinance No. 265, as amended, by revising Article XV, Section 1508, Performance Standards, Soil, Sand, Clay, Gravel, or Similar Materials, Removal; Filling, Section (e), Permit Fees, to call for fees for Building Department, and Engineering Review to be established by Resolution of the Township Board of Trustees.

The Director of the Township Building Department has recommended and the Township Board approves the fees contained in this Resolution.

IT IS THEREFORE RESOLVED:

1. The non-refundable fee for permits for Building Department review and inspection under the current and any future amendments of Article XV, Section 1508, of the Zoning Ordinance, Ordinance No. 265 of the Bloomfield Township Code of Ordinances, for any removal or filling operations requiring a permit, shall be as follows:

5 acres or less $ 50.00

More than 5 acres but 10 acres or less $100.00

More than 10 acres but 20 acres or less $200.00

More than 20 acres $300.00

Non-residential property $300.00

2. The non-refundable fee for permits for Engineering review under the current and any future amendments of Article XV, Section 1508, of the Zoning Ordinance, Ordinance No. 265 of the Bloomfield Township Code of Ordinances, for any removal or filling operations requiring a permit, shall be in conformance with the Township’s Engineering Ordinance #167 as amended. The permit applicant shall be responsible to pay for all costs incurred by the Township by engineering department staff and professional consultants authorized by the Township to provide services in the review and inspection of the permitted work:

A minimum deposit for plan review and inspection shall be $500.00.

The minimum non-refundable fee shall be $100.00.

3. Unless otherwise provided in the Ordinance, all fees shall be paid before rather than after the Township review or inspection covered by that fee. Any monies owed by applicant in excess of the deposit amount shall be paid immediately upon demand by the Township and in all cases prior to Township final approval of the soil removal/fill operation.

 

RESOLUTION DECLARED ADOPTED

I, Janet Roncelli, the duly qualified 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 by the Charter Township of Bloomfield on the 10th day of April 2006, the original of which is in my office.

________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

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

NAYS: None

 

ITEM #12 Approve Oakland County Road Commission Traffic Control Order Nos. YS 597-03-06 and SS 550-03-06 (The installation of stop and yield signs in Bloomfield Hills Estates Subdivision)

MOTION by Savoie and SUPPORT by Barnett to APPROVE Oakland County Road Commission Traffic Control Orders Nos. YS 597-03-06 and SS 550-03-06.

 

RESOLUTION

WHEREAS, Oakland County has approved Traffic Control Orders, TCO NO. YS 597-03-06 AND TCO NO: SS 550-03-06; and

WHEREAS, the approval pertains to the installation of stop and yield signs on roads within the Bloomfield Hills Estates Subdivision in Bloomfield Township,

NOW THEREFORE BE IT RESOLVED that the Bloomfield Township Board of Trustees approves the Traffic Control Orders at these locations.

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 the 10th day of April 2006, the original of which is in my office.

 

_________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

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

NAYS: None

 

ITEM #13 Approve Payroll and Vouchers (3/27/06 & 4/10/06)

MOTION by Roncelli and SUPPORT by Barnett to APPROVE payroll and vouchers A001463-A001493; B010055-B010209; E001805-E001820 totaling $2,252,027.38 for 3/27/06 and A001494-A001524; B010210-B010397; E001821-E001835 totaling $6,320,031.65 for 4/10/06.

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

NAYS: None

 

ITEM #14 Public Comment

The following residents addressed the Board:

William & Cleo Boehringer – 1816 Long Lake Shore Dr.

Gwen Gilbert – 3672 Walbri Dr.

Lawrence Quinlan – 3835 Lakecrest Dr.

 

Included in Board Packet: 6345 Sheringham Letter

RCOC’s Road Report – First Quarter 2006

RCOC Fast-Trac Bulletin

Bloomfield Hills Schools Letter

 

Meeting adjourned at 10:09 p.m.

 

Per the Michigan Township Association Record Retention General Schedule #10, MCL 399.5, the audio recordings of Board minutes will be destroyed upon approval of the written minutes of the meeting to which the tapes refer.

 

____________________________________

Janet M. Roncelli, Bloomfield Township Clerk

 

 

 

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Election Results - February 23, 2010

 
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Yard Waste Collection Resumes Week of March 15



 
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