Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, JUNE 26, 2006

PRESENT: Barnett, Buckley, Payne, Roncelli, Stefanes

Also present, Attorney William Hampton

ABSENT: Devine, Savoie

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

ITEM #1 Approved Board Minutes of June 12, 2006 as printed.

ITEM #2 Introduce Palm Court Lot Splits (780 & 784 Palms Rd.)

Supervisor Payne advised the Board that this was to introduce the agenda item only; it will be tabled until July 24, 2006 when a public meeting will be held.

Steve Palms, 784 Palms Rd., introduced himself to the Board. He advised the Board that the best way to develop this land was to put the two properties (three parcels) together and make six lots. These lots would be an addition to the 16 lots that were sold off by Palms and developed in 2001.

MOTION by Barnett and SUPPORT by Buckley to TABLE the Palm Court Lot Splits until the Public Hearing on July 24, 2006.

AYES: Barnett, Buckley, Payne, Roncelli, Stefanes

NAYS: None

ITEM #3 Consider Transfer of Ownership of outlot property in Lochslea Subdivision (known as Inwoods Circle Outlot - #19-17-127-001)

This is a large piece of land in an open area. There is a large wetlands area that has been a nuisance to abutting property owners. The Subdivision Association applied to the Michigan Department of Environmental Quality (DEQ) for a permit, but it became a tedious and time-consuming matter and was, eventually, dropped by the Association. This piece of property may require money to be spent as it has a problem with "standing" water and there is much controversy over how to keep it maintained.

MOTION by Stefanes and SUPPORT by Barnett to TABLE the Transfer of ownership of outlot property in Lochslea Subdivision until Attorney Hampton can review.

AYES: Barnett, Buckley, Payne, Roncelli, Stefanes

NAYS: None

ITEM #4 Right-of-Way Management Ordinance Amendment #572 and Resolution

This ordinance will address entrance piers, gates, walls, and mailbox enclosures that are in the right-of-way, as well as other issues such as low lighting.

MOTION by Buckley and SUPPORT by Barnett to ACCEPT Introduction of Right-of-Way Management Ordinance Amendment #572 and its resolution.

An ordinance to amend Right-of-Way Management Ordinance No. 550 to regulate and manage the disruption to and use of the Township rights-of-way in residential districts for accessory and other structures.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

Section 1 of Ordinance.

The following Sections of Township of Bloomfield Right-of-Way Management Ordinance No. 550, are amended as indicated.

Section 3. Definitions. Amended to add the following definitions.

"Residential district" means land that is zoned and used or proposed for use as a one-family detached dwelling under the current and any future Township Zoning Ordinance.

"Residential Use Permit" means a use permit for a structure in a residential district.

"Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

Section 11. Disruption Permit Required. Amended by changing the permit exemption in subsection (2)(e) to read as follows:

Section 23. Use Permit Fee. Subsection (1) is amended and subsection (3) is added to read as follows:

(1) Except for Telecommunications Permits under Division IV and Residential Use Permits, in addition to the nonrefundable application fee and application review and processing fees, for each year the use permit is in effect, the permittee shall pay an annual use permit fee to the Township in an amount established by resolution of the Township Board. The annual use permit fee shall be paid prior to use permit issuance, and for each year thereafter, on or before the last Township business day prior to January 1, said fee being payable in advance of the year it is for.

(3) By resolution, the Township Board may establish the amount of a one-time fee for approved Residential Use Permits that must be paid prior to issuance.

Section 24. Use Permit Term, Renewal and Reviews. Subsection (1) is amended and subsection (3) is added to read as follows:

(1) Except for Telecommunications Permits under Division IV and Residential Use Permits, a use permit shall be issued for a term of ten years, with the first year ending on December 31 of the year the use permit is issued. The permittee may apply to the Township for ten-year renewals of its use permit, which renewal periods would run from January 1 to December 31 of each ten-year term. Unless earlier terminated by the permittee or the Township, a permittee must file an application for renewal of its use permit with the Township not less than 120 days before the expiration of the current term, and pay a renewal application fee to the Township in an amount established by resolution of the Township Board. The Township shall review all renewal applications and, not later than December 1 of each year, shall approve or deny all renewal applications. Decisions on renewal applications shall be made by the Township in the same manner as the original permit. The Township shall have the right to impose additional reasonable conditions on those use permit renewals.

(3) Residential Use Permits shall be issued for an indefinite term, are subject to the Transfer/Assignment provisions in Section 71(4), and regardless of whether those requirements are complied with, shall be binding on the property served by or using the structure allowed by that permit and all current and future owners and occupants of that property.

Section 27. Residential Use Permit Review Standards. Added to read as follows:

In addition to determining whether other standards, terms and conditions of this Ordinance will be satisfied, the Township, in determining whether to grant or deny or grant with conditions an application for a Residential Use Permit shall consider the following factors in order to protect the public health, safety and welfare and insure the compatibility of the structure with the residence using or to be served by the structure and residences of other homes in the immediate neighborhood. For purposes of this section, structures shall include such items as entrance piers, gates, walls, and mailbox enclosures.

(1) Structures shall not exceed four (4) feet in height and be in harmonious conformance with permanent neighboring development, excluding mailbox enclosures that may extend no greater than five (5) feet in height.

(2) Materials shall be of durable quality.

(3) Exterior lighting shall not be permitted.

(4) Landscape elements consisting of all forms of planting and vegetation, ground forms, rock groupings are encouraged.

(5) To the extent reasonably feasible, the structure design, landscape and site treatment around the structure, shall be consistent with the character of the area.

Section 28. Residential Use Permit Conditions. Added to read as follows:

As conditions to be satisfied prior to issuance of a Residential Use Permit under Section 60 and thereafter during the term of the permit as applicable:

(1) The applicant and all owners of the property to be served by or using the structure allowed by the permit shall separately agree in writing to the Indemnification provisions in Section 72.

(2) The Township and its officials, officers, employees, agents, and representatives shall be named as added insured on a homeowner or other liability insurance policy acceptable to and in an amount to be determined by the Township, as confirmed by a certificate of insurance and/or insurance policy as provided in and subject to the requirements in Section 73(3), with said insurance to be maintained for so long as all or any part of the structure allowed by the Residential Use Permit is in the right-of-way. Prior to the expiration date of insurance shown on a certificate of insurance, the permittee shall be responsible to provide the Township with an updated certificate to confirm that said insurance continues in force and effect.

(3) To the extent applicable to the structure allowed by the approved permit and assuring that it is constructed and used in conformity with the Township’s approval, any information and plans required by Sections 53, 54, 55, 56 and 57 and not submitted as part of the Residential Use Permit application, shall be provided., specifically including the construction plans, schedule and information required in those sections for disruption permits.

Section 2 of Ordinance. 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 3 of Ordinance. Repealer.

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

Section 4 of Ordinance. 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 of Ordinance. Effective Date.

This ordinance shall take effect immediately upon publication in the manner prescribed by law.

CERTIFICATION

I hereby certify that the foregoing Ordinance was adopted by the Board of Trustees of the Charter Township of Bloomfield at a meeting held on _________________________, and that the original of this Ordinance is on file in my office.

CHARTER TOWNSHIP OF BLOOMFIELD

_______________________ BY:_____________________________

Date Janet Roncelli, Township Clerk

R E C I T A L S:

The Township has amended the Right-of-Way Management Ordinance No. 550, by revising the definition and disruption permit requirements sections; adding residential use permit review standards and conditions; and to call for fees for Building Department and Engineering and Environmental Services Department Review to be established by Resolution of the Township Board of Trustees.

The Director of the Township Planning and 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 the Right-Of-Way Management Ordinance, Ordinance No. 550 of the Bloomfield Township Code of Ordinances, for any structures in the right-of-way, shall be $125.00.

2. The non-refundable fee for permits for Engineering review under the current and any future amendments of the Right-Of-Way Management Ordinance, Ordinance No. 550 of the Bloomfield Township Code of Ordinances, for any structures in the right-of-way, shall be $125.00.

3. Unless otherwise provided in the Ordinance, a total fee of $250.00 shall be paid before rather than after the Township review or inspection covered by that fee.

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 _____ day of _______ 2006, the original of which is in my office.

_____________________________________

JANET RONCELLI, TOWNSHIP CLERK

AYES: Barnett, Buckley, Payne, Roncelli, Stefanes

NAYS: None

ITEM #5 Approve Purchase Agreement for M-650, High-Speed Tabulator for Absentee Ballots

In March 2005, the Board approved buying ten M-100 machines, of which only four were received. The Township now has a credit for the six machines that were not received. The M-650 will replace these six machines, but it must be purchased first and then the state will reimburse the Township. The Township is in possession of the M-650.

Clerk Roncelli asked the Board’s approval to sign the purchase agreement for the M-650.

Trustee Stefanes asked if the M-650 will actually take the place of all six M-100’s. Clerk Roncelli responded in the affirmative.

A complete copy of the purchase agreement is on file in the Clerk’s office.

MOTION by Barnett and SUPPORT by Buckley to APPROVE signing the purchase agreement for the M-650.

AYES: Barnett, Buckley, Payne, Roncelli, Stefanes

NAYS: None

ITEM #6 Greater Bloomfield Senior Association (GBSA) – 2222 Franklin Rd. Renovations Contractor Recommendation – Presented by Christine Tvaroha

The renovations to the site were originally budgeted over $100,000.00, but steps have been taken to reduce costs.

Tvaroha recommended that the Board approve Bloomfield Construction whose bid was $44,100.00.

Attorney Hampton advised that a contract will need to be prepared by Bloomfield Construction and submitted to the Township attorney for review. This should be done as soon as possible.

MOTION by Barnett and SUPPORT by Roncelli to APPROVE the bid by Bloomfield Construction subject to contract review by the Township Attorney.

AYES: Barnett, Buckley, Payne, Roncelli, Stefanes

NAYS: None

ITEM #7 Approve Payroll and Vouchers

MOTION by Stefanes and SUPPORT by Roncelli to APPROVE payroll and vouchers A001648-A001681; B011352-B011528; E001888-E001901 totaling $4,212,589.42.

AYES: Barnett, Buckley, Payne, Roncelli, Stefanes

NAYS: None

ITEM #8 Public Comment

Virginia Whittington, 6824 Wing Lake Rd, asked the Board to add the Wing Lake Rd. safety path as an agenda item. The Board agreed with possible dates of either July 24, 2006 or August 14, 2006.

Included in Board Packet: Bloomfield Twp. Fire Dept. Monthly Report, March & April 2006

TABLED ITEMS:

"Wireless Oakland" Agreement

(Tabled until Pilot Program Launched & Results Announced)

MOTION by Barnett and SUPPORT by Stefanes to REMOVE the "Wireless Oakland" Agreement as a TABLED item.

Attorney Hampton stated that he received a call after the last board meeting from Oakland County asking why the Township did not approve the agreement. Oakland County stated that Bloomfield Township is well-respected in the County and that it would be a boon if the Board would adopt this agreement.

There are 52 communities that have adopted the agreement and waived any fees associated with installing the equipment.

Supervisor Payne stated that the Township does get calls on this item and that residents would not be pleased if we failed to approve the issue.

The Board agreed that this agreement was tabled only to review the results of the pilot program first.

A complete copy of this agreement is on file in the Clerk’s office.

MOTION by Barnett and SUPPORT by Buckley to SUPPORT the "Wireless Oakland" Agreement.

AYES: Barnett, Buckley, Payne, Roncelli, Stefanes

Innerwoods Lot Split

(Tabled Indefinitely)

Meeting adjourned at 8:48 p.m.

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P.O. Box 489
Bloomfield Hills, MI 48303-0489
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