Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, OCTOBER 9, 2006

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

Also present, Attorney William Hampton

ABSENT: None

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

ITEM #1 Approved Board Minutes of September 25, 2006 as printed.

ITEM #2 Final Site Plan Review for Construction of a New Medical Office Building (1109 Long Lake Rd/19-16-301-005)

This property is located on the south side of Long Lake Road, west of Telegraph Road.

The applicant meets the requirements for B-3 General Business District, except for the easterly and westerly side parking setback requirements and the number of parking spaces (26 instead of 32), for which variances would be granted.

The police and fire departments have reviewed the site plan and find no negative impacts with the proposal.

A complete copy of the Medical Office Building (1109 Long Lake Rd.) Final Site Plan is available in the Clerk’s Office.

MOTION by Barnett and SUPPORT by Buckley to APPROVE the Medical Office Building (1109 Long Lake Rd.) Final Site Plan as Submitted.

AYES: Barnett, Buckley, Devine, 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 October 9, 2006.

_____________________________________

JANET RONCELLI

TOWNSHIP CLERK

ITEM #3 Board of Review Appointment Recommendation

Supervisor Payne advised the Board that Peter Russell, Board of Review member, submitted his resignation.

He recommended Robert Taylor, who is a Zoning Board of Appeals member, for the position.

MOTION by Savoie and SUPPORT by Stefanes to APPOINT Robert Taylor to the Board of Review.

AYES: Barnett, Buckley, Devine, 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 October 9, 2006.

_____________________________________

JANET RONCELLI

TOWNSHIP CLERK

ITEM #4 Introduction of Ordinance 577 (Amendment to Ordinance 453)

Ordinance 577 would amend certain requirements to Ordinance 453, Solid Waste Collection, Recycling and Disposal. Most notably, income requirements, which specify a certain amount, will be changed to, "the current year Federal Poverty Threshold." This will alleviate the need to amend the ordinance due to income.

MOTION by Savoie and SUPPORT by Barnett to ACCEPT the Introduction of Ordinance 577.

AN ORDINANCE TO AMEND THE TEXT OF THE BLOOMFIELD TOWNSHIP SOLID WASTE COLLECTION, RECYCLING, AND DISPOSAL ORDINANCE, ORDINANCE NO. 453 BY AMENDING THE PROVISION FOR WAIVER OF SOLID WASTE COLLECTION FEES.

The Charter Township of Bloomfield ordains:

Section 1. Amend Section 5.7 Rates and Payments to Township for Solid Waste

Collection, Recycling, and Disposal Services, by amending Section 5.7 (a) and (b).

(a) An individual who has an annual gross household income of less than or equal to the current year Federal Poverty Thresholds as defined and determined annually by the United States Office of Management and Budget, multiplied by a rate of 200 % (2.0), and who timely files with the Township Assessor’s office an Application for Waiver of Solid Waste Collection Fees along with proof of annual gross household income from the previous year shall receive a waiver of all of the Solid Waste Collection Fees required by this Ordinance for the year for which the application for Waiver of Solid Waste Collection Fees was filed.

(b) An individual that has an annual gross household income of more than the current year Federal Poverty Thresholds as defined and determined annually by the United States Office of Management and Budget, multiplied by a rate of 200 % (2.0) but less than or equal to the Federal Poverty Thresholds as defined and determined annually by the United States Office of Management and Budget, multiplied by a rate of 300 % (3.0), and who timely files with the Township Assessor’s office an Application for Waiver of Solid Waste Collection Fees along with proof of annual gross household income from the previous year shall receive a waiver of one-half (1/2) of all of the Solid Waste Collection Fees required by the Ordinance for the year for which the application for Waiver of Solid Waste Collection was filed.

(c) An individual filing an Application for Waiver of Solid Waste Collection Fees pursuant to Subsection (a) and (b) of this Section shall file said Application for Waiver of Solid Waste Collection Fees each year on or before July 1 to be eligible for the waiver of Solid Waste Collection Fees for the following twelve (12) month period.

(d) All Applications for Waiver of Solid Waste Collection Fees will be considered by the Solid Waste Review Board. The Solid Waste Review Board shall comprise of three (3) members who shall be the Township Assessor, Township Treasurer and an individual designated by the Township Supervisor. The Solid Waste Review Board shall have the authority to waive the Solid Waste Collection Fees or any part thereof for a period of up to twelve (12) months if it finds that a hardship as defined in Section 5.7 (a) and (b) exists.

(e) These persons who pursuant to Section 3.3 qualify for exemptions from the mandatory recycling provisions and requirements of this Ordinance shall be exempt from all recycling fees required by this Ordinance.

Section 2. Repealer.

All ordinances of part of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect.

Section 3. Severability.

Should any section, clause or phase 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 therefore, other than the part so declared to be invalid.

Section 4. 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. Effective Date.

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 the effective date of the ordinance.

AYES: Barnett, Buckley, Devine, 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 October 9, 2006.

_____________________________________

JANET RONCELLI

TOWNSHIP CLERK

ITEM #5 Consider Introduction of a Rezoning Request for 2510 Telegraph Rd. (19-08-227-001)

This property is located at the southwest corner of Telegraph Road and Square Lake Road.

It is currently classified as O-1 Office. The applicant is seeking approval to rezone the property to OR-1 Office-Retail District. This rezoning would allow the dance studio, Fred Astaire of Bloomfield Hills to remain at this location. This request would be in compliance with the Township’s Master Plan. Rezoning this property is the only solution that will allow this business to remain open; it cannot be done by variance.

The police and fire departments, as well as the Township’s traffic consultant, have reviewed the site plan and find no negative impacts with the proposal.

Attorney Hampton stated that a public hearing is not mandatory, as the planning commission has already held one per statute requirements.

A complete copy of the rezoning request for 2510 Telegraph Road is available in the Clerk’s office.

MOTION by Devine and SUPPORT by Savoie to ACCEPT the Introduction of the Rezoning Request for 2510 Telegraph Road.

AYES: Barnett, Buckley, Devine, 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 October 9, 2006.

_____________________________________

JANET RONCELLI

TOWNSHIP CLERK

ITEM #6 Introduction of Ordinance 578 (Zoning Ordinance Amendment – Zoning Board of Appeals Regulations)

The Township already follows many of the regulations included in the Act with our current ordinances.

MOTION by Barnet and SUPPORT by Buckley to INTRODUCE Ordinance 578.

AN ORDINANCE TO AMEND THE TOWNSHIP ZONING ORDINANCE, ORDINANCE NO. 265 IN ORDER TO REVISE SECTION 1800, ZONING BOARD OF APPEALS WITH RESPECT TO THE MEMBERSHIP ON THE ZONING BOARD OF APPEALS AND TO MAKE FURTHER CHANGES TO ARTICLE XVIII IN ACCORDANCE WITH PUBLIC ACT 110 OF 2006.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

Sec. 1.

Section 1800 of the Township Zoning Ordinance, Ordinance No. 265, as amended, is hereby amended to read as follows:

Section. 1800. CREATION AND MEMBERSHIP.

There is hereby established a Zoning Board of Appeals, hereinafter sometimes called "Board," which shall perform its duties and exercise its powers as provided in Public Act No. 110 of the Public Acts of 2006 (MCL 125.271 et seq.), as amended, and in such a way that the objectives of this Ordinance shall be observed, public safety and welfare secured and substantial justice done. The Board shall be appointed by the Township Supervisor with the approval of the Township Board. A member of the Zoning Board of Appeals may be removed by the Township Board for misfeasance, malfeasance or non-feasance in office upon written charges and after public hearing. A member shall disqualify himself or herself from a vote in which the member has a conflict of interest. Failure of a member to disqualify himself or herself from a vote in which the member has a conflict of interest constitutes malfeasance in office. The Board shall be composed of the seven following members: (1) the first member shall be a member of the Bloomfield Township Planning Commission; (2) the second member shall be a member of the Bloomfield Township Board; (3) the remaining five members shall be selected from the electorate of the Township. The terms for the Board members shall be for three years, except for the members serving because of their membership on the Planning Commission and the Township Board, whose terms shall be limited to the time they are members of the Planning Commission or Township Board, respectively. The new appointments shall be as follows: One (1) new member shall be appointed for a period of one (1) year; one (1) new member shall be appointed for a period of two (2) years; and three (3) new members may be appointed to hold office for the full three-year term. Each new appointment shall coincide with the appointment dates for the remaining members of the Board and thereafter shall be reappointed for three-year terms. Any vacancies in the Board shall be filled by the Township Supervisor with the approval of the Township Board not more than one (1) month after the terms of the preceding member has expired for the remainder of the unexpired term. An elected officer of the Charter Township of Bloomfield or a member of the Township Board shall not serve as Chairperson of the Board, and no employee or contractor of the Township Board may serve as a member of the Board. The Township Supervisor with the approval of the Township Board may appoint not more than two alternate members for the same term as regular members to the Zoning Board of Appeals. An alternate member may be called as specified to serve as a member of the Zoning Board of Appeals in the absence of a regular member if the regular member will be unable to attend one or more meetings. An alternate member may also be called to serve as a member for the purpose of reaching a decision on a case in which the member has abstained for reasons of conflict of interest. The alternate member appointed shall serve in the case until a final decision is made. The alternate member has the same voting rights as a regular member of the Zoning Board of Appeals.

SECTION 1801. PROCEDURE OF ZONING BOARD OF APPEALS.

Meetings of the Board shall be heard at the call of the Chairman and at such other times as the Board may determine by rule. Such Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall adopt its own rules or procedures and shall maintain a record of its proceedings which shall be filed in the office of the Township Clerk and shall be a public record. The fees to be charged for appeals shall be set by resolution of the Township Board. In those instances wherein lot area and yard requirements in lots existing of record cannot be complied with and must therefore be reviewed by the Board, the required fees for appeal, in whole or in part, may be refunded to the petitioner at the discretion of the Board.

SECTION 1802. APPEALS, HOW TAKEN.

An appeal to the Board based in whole or in part on the provisions of this Ordinance may be taken by any person, firm, or corporation aggrieved or by any government officer, department, board, or bureau affected by the decision of the Building Inspector. Such appeal shall be taken by filing a notice of appeal with the Board on appropriate forms provided by the Building Inspector, payment of the required fee, and shall specify the grounds for such appeal. The Building Inspector shall transmit all papers constituting the records of such appeal to the Board. The Board may require the applicant to furnish such surveys, plans or other information as may be reasonably required to said Board for the proper consideration of the matter. Upon a hearing before the Board any person or party may appear in person, or by agent, or by attorney. The Zoning Board of Appeals shall give a written notice of the time and place of such hearing at least fifteen (15) days prior to the date of the hearing to the parties to the appeal and to all persons to whom real property is assessed within three hundred (300) feet of the boundary of the property in question and to the occupants of all structures within three hundred (300) feet of the boundary of the property in question, the notice to be delivered personally or by first class mail addressed to the respective owners and tenants at the address given in the last assessment roll. If the tenant’s name is unknown, the term "occupant" may be used. Upon the hearing, any person may appear in person, by agent, or by attorney. The Board may reverse or affirm, wholly or partly or may modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of the majority of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or to decide in favor of the applicant any matter upon which they are required to under this Ordinance or to effect any variation in this Ordinance. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector certifies to the Board after notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would cause imminent peril to life and property, In which case the proceedings shall not be stayed otherwise than by a restraining order which shall be granted by the Board or by the Circuit Court on application, on notice of the Building Inspector and on due cause shown.

SECTION 1803. POWER OF ZONING BOARD OF APPEALS.

3. Variance.

To authorize, upon an appeal, a variance from the strict applications of the provisions of this Ordinance where by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of this Ordinance or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or upon the owner of such property, provided such relief may be granted without substantially impairing the intent and purpose of this Ordinance. In granting a variance the Board may attach thereto such conditions regarding the location, character, and other features of the imposed uses as it may deem reasonable in furtherance of the purpose of this Ordinance. In granting a variance, the Board shall state the grounds upon which it justifies the granting of a variance.

Section 3. 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. 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. 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. Effective Date.

The provisions of this Ordinance are hereby ordered to take effect immediately upon publication in the manner prescribed by law.

Section 7. 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 ____ day of __________, 2006, and ordered to be given publication in the manner prescribed by law.

AYES: Barnett, Buckley, Devine, 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 October 9, 2006.

_____________________________________

JANET RONCELLI

TOWNSHIP CLERK

ITEM #7 Unpaid Special Assessments on the December 1, 2006 Tax Roll – Revised Resolution Due to Decrease in Amount

MOTION by Stefanes and SUPPORT by Devine to APPROVE the Revised Resolution for Placement of Unpaid Special Assessments on the December 1, 2006 Tax Roll Due to a Decrease in Amount.

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

WHEREAS, certain Special Assessments as outlined on the files in the Treasurer’s Office are unpaid and past due which requires collection by placement on the December 2006 Tax Roll and if still unpaid by March 1, 2007, they will be sent to Oakland County as delinquent; thus allowing Oakland County to make Bloomfield Township whole and transferring the collection responsibility to Oakland County.

THEREFORE BE IT RESOLVED that the Board of Trustees for the Charter Township of Bloomfield authorizes the Bloomfield Township Treasurer’s Department to place the amount of $89,751.03, for unpaid and past due Special Assessments, on the December 2006 Tax Roll.

AYES: Barnett, Buckley, Devine, 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 October 9, 2006.

_____________________________________

JANET RONCELLI

TOWNSHIP CLERK

ITEM #8 Approve Payroll and Vouchers

MOTION by Roncelli and SUPPORT by Buckley to APPROVE payroll and vouchers A001850-A001883; B012848-B013023; E002000-E002015 totaling $37,070,347.61.

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

NAYS: None

County Commissioner Jamian spoke to the Board regarding the taping of Oakland County Board of Commissioners Meetings.

Supervisor Payne welcomed 2 members from Boy Scout Troop 1699, and their leader.

Included in Board Packet: Indianwood S.A.D. Letter

Oakland County Board of Commissioners Letter

RCOC’s Road Report

TABLED ITEMS: Innerwoods Lot Split

(Tabled Indefinitely)

Meeting adjourned at 8:39 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 RONCELLI

TOWNSHIP CLERK

 

 

 

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