Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
September 11, 2006

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

Also present, Attorney Mark Roberts

ABSENT: Devine

Supervisor Payne welcomed the public and led the Pledge of Allegiance. A moment of silence was observed in memory of the 9/11 events.

PUBLIC HEARING: Truth in Taxation Hearing

Supervisor Payne called the Truth in Taxation Hearing to order at 8:04 p.m. and explained that this annual Public Hearing is required as part of the Headlee legislation in order for municipalities to collect the maximum tax levy. The Township seeks to levy the maximum authorized operating millage allowed by State law, which permits the proposed millage rate to be adjusted by .2777 mills. In 2005, the operating tax rate was 8.7888. Without this Public hearing, the operating revenue would be increased by 1.058%. The proposed increase of .2777 mills allows for 3.304% additional operating revenue with an operating millage of 8.6812 for 2006.

MOTION by Roncelli and SUPPORT by Stefanes to CLOSE the Truth in Taxation Public Hearing.

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

NAYS: None

The public hearing was closed at 8:09 p.m.

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 September 11, 2006.

________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #1 Approved Board Minutes of August 28, 2006 as printed.

ITEM #2 BP Gas Station Final Site Plan Approval (19-28-352-003)

Patti McCullough, Director of Planning and Building, made the presentation.

The existing structure will be demolished to accommodate a new building that would house the gas station and also a doughnut shop. A canopy will protect users pumping gas. The proposal complies with zoning ordinances, but several variances were necessary. The variances entailed parking setbacks and the height of the canopy. Due to frontage on Telegraph Rd., the proposal has been sent to the Michigan Department of Transportation (MDOT) for approval.

A complete copy of the BP Gas Station Final Site Plan is available in the Clerk’s Office.

MOTION by Savoie and SUPPORT by Barnett to APPROVE the BP Gas Station Final Site Plan as Submitted.

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

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET 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 September 11, 2006.

____________________________

JANET RONCELLI

TOWNSHIP CLERK

ITEM #3 Marian High School Final Site Plan Approval (19-34-351-003, -004, -010)

Patti McCullough, Director of Planning and Building, made the presentation.

The site plan consists of an addition to the rear of the existing high school. The intention is to match and complement the existing building materials. Additional evergreen screening is required, as well as changing the wooden enclosure for the dumpster to a masonry enclosure with wooden doors.

A complete copy of the Marian High School Final Site Plan is available in the Clerk’s Office.

One resident spoke regarding the Marian High School Final Site Plan:

Nancy Batlemento – 7244 Lahser Rd.

MOTION by Savoie and SUPPORT by Barnett to APPROVE the Marian High School Final Site Plan as Submitted provided that Brother Rice and Marian High Schools reach an agreement as to when the gate that divides the parking lots is opened and ALSO provided that four to six 8-foot evergreens be planted to provide screening for the resident at 7244 Lahser Rd. from the temporary parking lot; and that this parking lot be removed as quickly as possible; and that Marian High School contact the resident for approval.

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

NAYS: None

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 11th day of September 2006, the original of which is in my office.

________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #4 Approve Resolution Establishing December 1, 2006 Millage Rates

Supervisor Payne advised that the Board has reviewed the proposed millage rates.

By levying the maximum authorized operating millage allowed by State law, .2777 mills, the total operating millage proposed for Bloomfield Township would be 8.6812 mills. There are additional millages of 1.9511 mills for the library and Chapter 20 & 21 Drains. Therefore, the total 2006 tax rate would be 10.6323 mills.

MOTION by Buckley and SUPPORT by Stefanes to APPROVE the 2006 tax rate based on the .2777 mills rate increase for the Bloomfield Township operating millage established on September 11, 2006, and discussed at the Truth in Taxation Hearing held earlier this evening, which established the total millage rate, including library and drains as follows:

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

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the forgoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on September 11, 2006.

________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #5 Proposed Hardship Exemption Guidelines & Application Resolution

Bill Griffin, Bloomfield Township Assessor, made the presentation.

The Board of Review would utilize these hardship exemption guidelines. The guidelines have not been reviewed since 1995. If approved, these guidelines would update automatically based on the Federal poverty threshold.

The Board made changes to the resolution. Namely, page 1, last paragraph the word, "MUST" was changed to "SHOULD" and page 2, Item No. 4 the word "MUST" was changed to "SHOULD."

Complete copies of the Hardship Guidelines and Application are available in the Clerk’s Office.

MOTION by Barnett and SUPPORT by Buckley to APPROVE the Proposed Hardship Exemption Guidelines and Application Resolution Subject to the Changes Made by the Board.

Whereas, Section 7u of Act No. 206 of the Public Acts of 1893, as amended, provides that the homestead of a person who, in the judgment of the Supervisor and Board of Review, by reason of poverty, are unable to contribute toward the public charges are eligible for exemption in whole or in part from taxation under the Act; and

Whereas, said section provides certain eligibility requirements for exemption under said section; and

hereas, said section requires that an applicant meet the federal poverty income standards as defined and determined annually by the United States Office of Management and Budget or alternative guidelines adopted by the governing body of the local assessing unit; provided, however, such alternative guidelines do not provide income eligibility requirements less than the federal guidelines; and

Whereas, the Board of Trustees of the Charter Township of Bloomfield is governing body of the local assessing unit; and

NOW, THEREFORE, BE IT RESOLVED that the following standards be adopted in relation to applications for the Real Property Poverty Exemptions:

In order to qualify for the Poverty Exemption, the claimant should meet all of the following requirements. It may be possible that a claimant meets the income standard for the Poverty Exemption but not meet the asset standard or other standards as set forth in these guidelines. In this instance the claimant would NOT qualify for the exemption even though the income standard was met.

The Board of Review shall follow these guidelines when granting or denying a Poverty Exemption. The same standards shall apply to each claimant in the Township for the assessment year "unless the Board of Review determines that there are substantial and compelling reasons why there should be deviation from the guidelines and the substantial and compelling reasons are communicated in writing to the claimant."

In granting Poverty Exemptions, the Charter Township of Bloomfield and the Board of Review realizes that this represents a shift of those property taxes exempted to the other taxpayers of the Township. Poverty exemptions are intended to assist those who are in temporary financial straits and is NOT intended as a permanent or continuous subsidy. Poverty exemptions shall apply only to the applicant’s qualified homestead and the property must be classified as RESIDENTIAL for property tax purposes. Under no circumstance shall a poverty exemption be granted or apply to the property of a business, partnership or corporation.

To be eligible for exemption by reason of poverty, a person shall do all of the following on an annual basis:

The Board of Review shall consider income from all sources and from all occupants of the homestead when determining whether an Applicant meets Township poverty income standards as established by the Township Board of Trustees.

The Board of Review shall also take into consideration certain household assets:

NOTE: Under no circumstance shall the Board of Review reduce the taxable value of a claimant, that is not currently receiving the maximum refund of $1,200.00 from the State of Michigan unless the claimant’s household income is equal to or less than the federal poverty income standards as defined and determined by the United States office of management and budget. Any relief granted shall be based upon the tax obligation in excess of the maximum $1,200.00 homestead credit refund allowed by the State of Michigan.

Under no circumstance shall the Board of Review reduce the taxable value lower than that which would produce an annual ad valorem tax equal to 3.5% of an applicants income plus any property tax credit refund payable by the State of Michigan. There shall be no poverty exemption granted that would reduce an applicant’s taxable value to less than 1,000. It is not the intent of the Township to adopt a policy of an individual being "automatically entitled" to exemption.

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

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the forgoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on September 11, 2006.

________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #6 2006 Collection of Delinquent Solid Waste Account Resolution

This is an annual Board item that is necessary in order to put these accounts on the tax roll.

MOTION by Buckley and SUPPORT by Savoie to APPROVE the 2006 Collection of the Delinquent Solid Waste Account Resolution.

That the Township Treasurer may certify to the Supervisor of the Township, all delinquent charges and accounts for services furnished by the Township’s waste hauler, Waste Management Inc., that were delinquent as of September 1, 2006.

That the Supervisor shall cause said delinquent charges to be placed upon the December 2006 tax roll against the premises to which said solid waste collection services were rendered; and that such charges be collected in accordance with the provisions provided in Ordinance No. 437.

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

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the forgoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on September 11, 2006.

________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #7 Approve Bid for Pressure Reducing Valve (PRV) Vault to be Located in the Hickory Heights Subdivision

Wayne Domine, Director of Engineering & Environmental, made the presentation.

Bids have been received for a new pressure reducing valve (PRV) vault to be located in the Hickory Heights subdivision. The new PRV vault will regulate the water pressure within the subdivision to provide adequate system reliability.

Domine recommended that the Board award the project to Tony Anthony whose bid of $211,164.00 was the lowest.

MOTION by Barnett and SUPPORT by Stefanes to APPROVE the Bid for the Pressure Reducing Valve (PRV) Vault to be Located in the Hickory Heights Subdivision to Tony Anthony.

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

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the forgoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on September 11, 2006.

________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #8 Consider Adoption of Ordinances 573 (Water Rates) & 574 (Sewer Rates)

These ordinances were introduced to the Board at their last meeting on August 28, 2006.

MOTION by Buckley and SUPPORT by Savoie to ADOPT Ordinances 573 (Water Rates) and 574 (Sewer Rates).

CHARTER TOWNSHIP OF BLOOMFIELD

OAKLAND COUNTY, MICHIGAN

ORDINANCE NO._573

AN ORDINANCE TO AMEND ORDINANCE NO. 87 AS AMENDED, ENTITLED "AN ORDINANCE ESTABLISHING RATES AND CHARGES FOR WATER SERVICE PROVIDED BY THE BLOOMFIELD TOWNSHIP WATER SYSTEM."

The Township of Bloomfield Ordains:

SECTION 1.01.

That Ordinance No. 87, as amended, be amended by amending Section 5.01 to read as follows:

Section 5.01 Water Consumption Charge

A quarterly charge for water service shall be made to each of the premises connected to the system in the amount of $3.30 per 1,000 gallons of water consumed. There shall be no minimum water charge other than the meter charge, if any, applicable to any premises metered for service. In those instances wherein a premises is connected to the system and a meter has not been installed, the quarterly charge for water service shall be $122.10.

SECTION 2.01.

Ordinance No. 557 is specifically repealed. 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 3.01.

Should any section, clause or phrase of this ordinance be declared by the court to be invalid, the same shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so declared to be invalid.

SECTION 4.01.

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

SECTION 5.01.

Upon adoption, the provisions of this ordinance shall take effect immediately upon publication in a newspaper circulated within said Township and shall apply to all bills rendered for water use on or after October 1, 2006.

CHARTER TOWNSHIP OF BLOOMFIELD

OAKLAND COUNTY, MICHIGAN

ORDINANCE NO. 574

AN ORDINANCE TO AMEND ORDINANCE NO. 158 AS AMENDED, ENTITLED "AN ORDINANCE TO ESTABLISH AND REGULATE CHARGES OR RATES FOR SEWAGE TREATMENT TO PREMISES CONNECTED INDIRECTLY TO THE SANITARY SEWER SYSTEM OF THE TOWNSHIP OF BLOOMFIELD, INCLUDING EVERGREEN AND FARMINGTON SANITARY SEWER SYSTEM."

The Township of Bloomfield Ordains:

SECTION 1.01.

That Ordinance No. 158, as amended, be amended by amending Section 2.01(a) and 2.01(b) thereof to read as follows:

Section 2.01(a). Each premises not connected to the Township water system shall pay a quarterly charge of $111.00 for sewage disposal, unless the premises private water supply system is metered in conformance to the requirements of those premises connected to the Township water system, then such premises shall be charged as specified in Section 2.01 (b).

Section 2.01(b). For those premises connected to the Township water system the quarterly sewage disposal charge shall be $3.00 per 1000 gallons of water used by said premises for that quarter.

SECTION 2.01 Repealer.

Ordinance No. 561 is specifically repealed. 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 3.01 Severability.

Should any section, clause or phrase of this ordinance be declared by the court to be invalid, the same shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so declared to be invalid.

SECTION 4.01 Savings.

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

SECTION 5.01 Adoption.

Upon adoption, the provisions of this ordinance shall take effect immediately upon publication in a newspaper circulated within said Township and shall apply to all bills rendered for sewage disposal on or after October 1, 2006.

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

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 September 11, 2006.

________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #9 Approve Resolution Declaring Township’s Official Intent to issue Bonds – Building Program

MOTION by Barnett and SUPPORT by Savoie to APPROVE Resolution Declaring the Township’s Official Intent to Issue Bonds for the Building Program.

RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE PROJECT

EXPENDITURES WITH BOND PROCEEDS

WHEREAS, at the Primary Election held in the Charter Township of Bloomfield (the "Township") on August 8, 2006, the issuance of general obligation unlimited tax bonds in one or more series in the principal amount of not to exceed $26,000,000 for the purpose of funding the Township’s long-term building program and paying the costs of (i) acquiring, constructing, furnishing and equipping a senior citizens center in the Township and acquiring and improving the site therefor, (ii) acquiring, constructing, furnishing and equipping a public services building in the Township and improving the site therefor, and (iii) 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 (collectively, the "Project") was approved by a majority of the electors of the Township voting thereon; and

WHEREAS, it is anticipated that the Township will advance a portion of the costs of the Project prior to the issuance of the Bonds, such advance to be repaid from proceeds of the Bonds upon the issuance thereof; and

WHEREAS, Section 1.150-2 of the Treasury Regulations on Income Tax (the "Reimbursement Regulations") specifies conditions under which a reimbursement allocation may be treated as an expenditure of bond proceeds, and the Township intends by this resolution to qualify amounts advanced by the Township to the Project for reimbursement from proceeds of the Bonds in accordance with the requirements of the Reimbursement Regulations.

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

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

NAYS: None

RESOLUTION DECLARED ADOPTED.

STATE OF MICHIGAN )

)ss

COUNTY OF OAKLAND )

I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Township Board of the Charter Township of Bloomfield, Oakland County, Michigan, at a regular meeting held on September 11, 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 #10 Capital Building Project

Supervisor Payne acknowledged Wayne Domine, Director, Engineering and Environmental, and Patti McCullough, Director, Planning and Building, for the hard work and considerable amount of time that they have donated to this project. It outlines how the Township intends to proceed with the Capital Building Program.

A Project Manager will be hired who will act as an advocate for the Township. S/He will be a consultant, not an employee. This position should be able to cut through a lot of "red tape" and save the Township considerable costs.

On October 5, 2006, there will be the pre-bid meeting at which firms will have the opportunity to ask questions and also tour the Township’s current facilities.

A complete copy of the Capital Building Project is available in the Clerk’s Office.

MOTION by Barnett and SUPPORT by Savoie to APPROVE the Capital Building Project as Submitted.

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

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 September 11, 2006.

________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #11 Introduction of Ordinances 575 (Floodplain Regulations) with Resolution & 576 (State Construction Code Ordinance Amendment)

These ordinances will allow the Township to be in compliance with national requirements.

MOTION by Buckley and SUPPORT by Barnett to APPROVE the Introduction of Ordinance 575 and its Resolution.

Zoning Ordinance Amendment

An ordinance to amend Zoning Ordinance No. 265 to update Flood Insurance Study and Flood Insurance Rate Maps and to reference the Township of Bloomfield State Construction Code Ordinance for floodplain regulation.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

Section 1 of Ordinance.

The following Sections of Township of Bloomfield Zoning Ordinance No. 265, are amended as indicated:

SECTION 1516. FLOODPLAIN CONTROLS (ALL DISTRICTS):

1. Floodplain as used herein shall mean the area designated and described in the report the Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) entitled "Flood Insurance Study, Oakland County, Michigan, and Incorporated Areas" and dated September 29, 2006. The floodplain constitutes all land lying within a line delineating and designated as the 100-year flood, which is all of the land designated within a flood hazard area or special flood hazard area contained in the Flood Insurance Rate Maps (FIRMS) panel numbers of 26125C0502F, 26125C0504F, 26125C0506F, 26125C0507F, 26125C0508F, 26125C0509F 26125C0512F, 26125C0514F, 26125C0516F, 26125C0517F, 26125C0518F, 26125C0519F, 26125C0526F, 26125C0527F, 26125C0528F, 26125C0529F, 26125C0536F, 26125C0537F, 26125C0538F and dated September 29, 2006 which are an integral part of the above named "Flood Insurance Study".

2. No building or land shall be used within a floodplain except for such uses as are specified under the Principal Uses Permitted and Principal Use Permitted Subject to Special Conditions Sections of this Ordinance for the applicable Zoning District within which such floodplain is located.

3. All construction, filling, excavation, and improvements within a floodplain shall be subject to the provisions of the Township of Bloomfield State Construction Code Ordinance, being Ordinance No. 525, as amended.

Section 2 of Ordinance

All of the regulations of the Zoning Ordinance shall remain in effect, amended only as provided above.

Section 3 of Ordinance

Any and all criminal or civil proceedings initiated by the Township and pending, and all vested rights on the effective date of this Ordinance, are saved and may be consummated according to the law and ordinance enforced at the time they were commenced.

Section 4 of Ordinance

The provisions of this Ordinance shall become effective on September 29, 2006 as provided by law following publication.

Section 5 of Ordinance

This Ordinance shall be published in full in a newspaper of general circulation in the Charter Township of Bloomfield qualified under State Law to publish legal notices and shall become effective upon publication, as provided by law.

CHARTER TOWNSHIP OF BLOOMFIELD

RESOLUTION TO MANAGE FLOODPLAIN DEVELOPMENT

FOR THE NATIONAL FLOOD INSURANCE PROGRAM

RECITALS:

The Charter Township of Bloomfield currently participates in the Federal Emergency Management Agency’s (FEMAs) National Flood Insurance Program (NFIP) by complying with the program’s applicable statutory and regulatory requirements for the purposes of significantly reducing flood hazards to persons, reducing property damage, and reducing public expenditures, and providing for the availability of flood insurance and federal funds or loans within its community, and

The NFIP requires that floodplain management regulations must be present and enforced in participating communities, and utilize the following definitions which also apply for the purposes of this resolution:

Flood or Flooding means:

a. A general and temporary condition of partial or complete inundation of normally dry land areas from: 1) the overflow of inland or tidal waters, 2) the unusual and rapid accumulation or runoff of surface waters from any source, 3) mudflows, and

b. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding, as defined in paragraph (a)(1) of this definition.

Flood Hazard Boundary Map (FHBM) means an official map of a community, issued by the FEMA, where the boundaries of the flood, mudslide (i.e., mudflow) related erosion areas having special hazards have been designated as Zone A, M, and/or E.

Floodplain means any land area susceptible to being inundated by water from any source.

Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance), and other applications of police power that provide standards for the purpose of flood damage prevention and reduction.

Structure means a walled and roofed building that is principally above ground, gas or liquid storage facility, as well as a mobile home or manufactured unit.

The Stille-Derossett-Hale Single State Construction Code Act", Act No. 230 of the Public Acts of 1972, as amended (State Construction Code Act), along with its authorization of the State Construction Code composed of the Michigan Residential Code and the Michigan Building Code [and its Appendices (specifically Appendix G)] contains floodplain development and management regulations that comply with the FEMA NFIP minimum floodplain management criteria for flood prone areas, as detailed in Title 44 of the Code of Federal Regulations (44 CFR), Section 60.3, and

By an ordinance adoption action dated July 31, 2001 and amended on _____________, the Township accepted the responsibility to administer, apply, and enforce the provisions of the Construction Code Act and the State Construction Code, specifically the Michigan Residential Code and the Michigan Building Code, to all construction within its community boundaries,

NOW THEREFORE, to maintain eligibility and continued participation in the NFIP,

The Charter Township of Bloomfield directs its designated enforcing agent for the State Construction Code Act, the Township Building Department, its building director, or his or her designee, the Township Board, the Zoning Board of Appeals and the Construction Board of Appeals to administer, apply, and enforce the floodplain management regulations as contained in the State Construction Code (including Appendix G) and to be consistent with those regulations by:

a. Obtaining, reviewing, and reasonably utilizing flood elevation data available from federal, state, or other sources pending receipt of data from the FEMA to identify the flood hazard area and areas with potential flooding.

b. Ensuring that all permits necessary for development in floodplain areas have been issued, including a floodplain permit, approval, or letter of no authority from the Michigan Department of Environmental Quality under the floodplain regulatory provisions of Part 31, "Water Resources Protection," of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended.

c. Reviewing all permit applications to determine whether the proposed building sites will be reasonably safe from flooding. Where it is determined that a proposed building will be located in a flood hazard area or special flood hazard area, the State Construction Code Act enforcing agent shall implement the following applicable codes according to their terms:

Floodplain management regulation portions and referenced codes and standards of the current Michigan Residential Code.

Floodplain management regulation portions and referenced codes and standards of the current Michigan Building Code.

Appendix G of the current Michigan Building Code.

d. Reviewing all proposed subdivisions to determine whether such proposals are reasonably safe from flooding and to ensure compliance with all applicable floodplain management regulations.

e. Assisting in the delineation of flood hazard areas; providing information concerning uses and occupancy of the floodplain or flood-related erosion areas, maintaining floodproofing and lowest floor construction records, cooperating with other officials, agencies, and persons for floodplain management.

f. Advising FEMA of any changes in community boundaries, including appropriate maps.

g. Maintaining records of new structures and substantially improved structures concerning any certificates of floodproofing, lowest floor elevation, basements, floodproofing, and elevations to which structures have been floodproofed.

The Charter Township of Bloomfield assures the Federal Insurance Administrator (Administrator) that it intends to review, on an ongoing basis, all amended and revised FHBMs and Flood Insurance Rate Maps (FIRMs) and related supporting data and revisions thereof and revisions of 44 CFR, Part 60, Criteria for Land Management and Use, and to make such revisions in its floodplain management regulations as may be necessary to continue to participate in the program.

The Charter Township of Bloomfield further assures the Administrator that it will adopt the current effective FEMA Flood Insurance Study (FIS), FHBMs, and/or the FIRMs by reference within its State Construction Code Adoption Ordinance or similarly binding ordinance documentation.

MOTION by Buckley and SUPPORT by Barnett to APPROVE the Introduction of Ordinance 576.

State Construction Code Ordinance Amendment

An Ordinance to amend State Construction Code Ordinance No. 525 to designate regulated flood prone hazard areas within the Township of Bloomfield as set forth in the most recent Federal Emergency Management Agency (FEMA) Oakland County, Michigan, Flood Insurance Study (FIS), and Flood Insurance Rate Maps (FIRMS) for the purpose of enforcing the State Construction Code regulations pertaining to flood zones in those regulated flood prone hazard areas within the Township of Bloomfield.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

Section 1 of Ordinance.

The following Sections are added to the Township of Bloomfield State Construction Code Ordinance No. 525 as indicated:

Section 3.02. Code Appendix Enforced.

Pursuant to the provisions of the State Construction Code, in accordance with Section 8b(6) of Act 230, of the Public Acts of 1972, as amended, Appendix G of the Michigan Building Code shall be enforced by the Township Building Official within Bloomfield Township.

Section 3.03. Designation of Regulated Flood Prone Hazard Areas.

The Federal Emergency Management Agency (FEMA) Flood Insurance Study (FIS) Entitled "Flood Insurance Study, Oakland County, Michigan, and Incorporated Areas" and dated September 29, 2006, the Flood Insurance Rate Maps (FIRMS) panel numbers of 26125C0502F, 26125C0504F, 26125C0506F, 26125C0507F, 26125C0508F, 26125C0509F 26125C0512F, 26125C0514F, 26125C0516F, 26125C0517F, 26125C0518F, 26125C0519F, 26125C0526F, 26125C0527F, 26125C0528F, 26125C0529F, 26125C0536F, 26125C0537F, 26125C0538F, and dated September 29, 2006 are adopted by reference and declared to be part of Section 1612.3 of the Michigan Building Code.

Section 4.02. Township Board Review.

The Bloomfield Township Board shall conduct the review for permit issuance pursuant to Section G104 of the State Construction Code Appendix G for any proposed development in the Township within the flood hazard areas delineated on the Flood Insurance Study (FIS) and Flood Insurance Rate Maps (FIRMS) set forth in this Ordinance. The Township Board review will focus on whether development in the floodplain should be permitted pursuant to Sections G301 through G701 of Appendix G based on compliance with State Construction Code requirements. The Township Building Official shall review and approve the building plans pursuant to the State Construction Code as part of the building permit issuance. Applications for variances from decisions made by the Township Board shall be made to the Township Zoning Board of Appeals pursuant to Section G 105 of Appendix G. Applications for variances from decisions made by the Township Building Official shall be made to the Township Construction Board of Appeals pursuant to Section G105 of Appendix G.

Section 2 of Ordinance

All ordinances or parts of ordinances conflicting with the provisions of this Ordinance are hereby repealed, including Ordinance No. 351 adopted December 13, 1982, and amendments thereto.

Section 3 of Ordinance

Amended only as specified above and in this Section, the Code of Bloomfield Township shall remain in full force and effect.

Section 4 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 5 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 6 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 7 of Ordinance. Effective Date.

This ordinance shall take effect September 29, 2006 upon publication in the manner prescribed by law.

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

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 September 11, 2006.

________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #12 Approve Payroll and Vouchers

MOTION by Savoie and SUPPORT by Buckley to APPROVE payroll and vouchers A001795-A001817; B012495-B012642; E001966-E001981 totaling $5,018,703.29.

ITEM #13 Public Comment

Supervisor Payne welcomed Shelley Goodman Taub, State Representative.

Representative Taub advised the Board that there is a new bill concerning local cable franchises. The bill appears to be a compromise between Comcast and AT&T.

Trustee Stefanes voiced her concern with the lack of progress on the Adult Day Care Center. Supervisor Payne stated that they are behind, but are working on it.

Clerk Roncelli advised the Board that since adopting the Freedom of Information Act (FOIA) policy, the Township has generated approximately $9000.00 in revenue.

ITEM #14 Adjourn to Closed Session to Discuss Settlement Issue

MOTION by Buckley and SUPPORT by Barnett to adjourn to closed session to discuss a settlement issue.

Roll Call taken by Clerk Roncelli:

Barnett – yes

Stefanes – yes

Payne – yes

Roncelli – yes

Buckley – yes

Savoie – yes

The Board reconvened to open session at 9:34 p.m.

MOTION by Barnett and SUPPORT by Stefanes to AUTHORIZE the Settlement for 4477 Chamberlain as Discussed in Closed Session.

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

NAYS: None

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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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