Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, OCTOBER 23, 2006

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

Also present, Attorney Mark Roberts

ABSENT: Savoie

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

ITEM #1 Approved Board Minutes of October 9, 2006 and Study Session Minutes of October 6, 2006 as printed.

ITEM #2 Reconsider Steve’s Deli SDM Liquor License Request

On September 25, 2006, the Board approved this request contingent upon the fact that, in the future, there will be no outdoor seating. The State returned this resolution stating that they will not accept conditional approvals. They have asked the Board to provide another resolution.

Trustee Barnett made a motion, Clerk Roncelli supported, to approve this agenda item with no stipulations.

Stephen Hurwitz, owner of Steve’s Deli, asked the Board to clarify if the Class C liquor license, requested earlier this year, was contingent upon outdoor seating. The Board responded that only the SDM license was contingent upon no outdoor seating.

Hurwitz stated that the outdoor seating has been very successful and he would like to continue it next year also. He asked the Board if this item could be tabled so that he may contact the Michigan Liquor Control Commission to withdraw the SDM license issue the Class C license only.

MOTION by Barnett and SUPPORT by Roncelli to WITHDRAW the first motion.

MOTION by Barnett and SUPPORT by Roncelli to TABLE Steve’s Deli SDM Liquor License Request.

AYES: Barnett, Buckley, Devine, Payne, Roncelli, 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 23, 2006.

____________________________________

JANET RONCELLI

TOWNSHIP CLERK

ITEM #3 Consider Postponement Indefinitely of Ordinance 577

Supervisor Payne advised the Board that Ordinance 577 would be postponed indefinitely until modifications could be completed in conjunction with the renewal of the solid waste contract.

ITEM #4 Consider Adoption of Ordinance 578 (Zoning Board of Appeals Regulations)

This ordinance was introduced at the last Board meeting on October 9, 2006.

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 23rd day of October, 2006, and ordered to be given publication in the manner prescribed by law.

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

NAYS: None

ORDINANCE 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 an ordinance adopted by the Board at their regular meeting held on October 23, 2006.

ITEM #5 Tri Party Funding for Wabeek Lake Drive – Presented by Tom Trice

In August 2005, the Board approved a tri party agreement for the paving of Wabeek Lake Drive. This agreement also had to be approved by the West Bloomfield Township Board, which they declined.

West Bloomfield Township is, again, considering using their tri party funds to pave this road. The project will now cost more because there are no contractors in the area as there were in 2005.

Our Township’s tri party funds have been depleted for 2007, but 2008 funds may be utilized. The completion of this project is contingent upon the approval of the West Bloomfield Board.

Bloomfield Township’s share of the cost will be approximately $133,000.00. West Bloomfield Township’s cost will be approximately $195,000.00. This is due to approximately 40 percent of the road owned by Bloomfield Township and 60 percent owned by West Bloomfield Township.

MOTION by Barnett and SUPPORT by Stefanes to APPROVE the Tri Party Funding for Wabeek Lake Drive.

AYES: Barnett, Buckley, Devine, Payne, Roncelli, 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 23, 2006.

ITEM #6 Salary Determination Resolution – Deputy Clerk

The Deputy Clerk and Deputy Treasurer resolutions (items #6 & #7) were developed by Treasurer Devine and Clerk Roncelli, using other municipalities in the county as a monetary guideline, in an effort to attract and retain quality employees.

Incremental increases are addressed in the resolutions so that there is no need for these resolutions to be amended.

MOTION by Stefanes and SUPPORT by Barnett to APPROVE the Salary Determination Resolution for Deputy Clerk.

WHEREAS, the position of Deputy Clerk of the Charter Township of Bloomfield was created on February 28, 2005; and

WHEREAS, pursuant to MCL 41.69, the Township Board of Trustees determines the salary to be paid to the Deputy Clerk; and

WHEREAS, on February 28, 2005, upon the review of a salary study conducted by the Township Clerk, the Board of Trustees of the Charter Township of Bloomfield set a salary range of $55,000 to $66,000, along with the employee benefits provided to other general full-time Bloomfield Township employees, for the position of Deputy Clerk; and

WHEREAS, due to incremental increases in salary and benefits received since that time as provided to other general full-time Bloomfield Township employees, the salary for the Deputy Clerk position is now $58,349; and

WHEREAS, the Township Clerk is recommending that, upon review of the attached salary study, said salary be increased to $62,900 subject to incremental increases in salary and benefits as received by other general full-time Bloomfield Township employees on an annual basis.

THEREFORE BE IT RESOLVED, that the Board of Trustees of the Charter Township of Bloomfield determines the salary for the position of Deputy Clerk to be $62,900 subject to incremental increases in salary and benefits as received by other general full-time Bloomfield Township employees on an annual basis.

AYES: Barnett, Buckley, Devine, Payne, Roncelli, 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 23, 2006.

ITEM #7 Salary Determination Resolution – Deputy Treasurer

WHEREAS, the position of Deputy Treasurer of the Charter Township of Bloomfield was created on November 11, 2001; and

WHEREAS, pursuant to MCL 211.111 and MCL 41.77, the Township Board of Trustees determines the salary to be paid to the Deputy Treasurer; and

WHEREAS, on November 11, 2001, upon the review of a salary study conducted by the Township Treasurer, the Board of Trustees of the Charter Township of Bloomfield set a salary range of $49,000 to $59,000, along with the employee benefits provided to other general full-time Bloomfield Township employees, for the position of Deputy Treasurer; and

WHEREAS, due to incremental increases in salary and benefits received since that time as provided to other general full-time Bloomfield Township employees, the salary for the Deputy Treasurer position is now $59,410; and

WHEREAS, the Township Treasurer is recommending that, upon review of the attached salary study, said salary be increased to $62,900 subject to incremental increases in salary and benefits as received by other general full-time Bloomfield Township employees on an annual basis.

THEREFORE BE IT RESOLVED, that the Board of Trustees of the Charter Township of Bloomfield determines the salary for the position of Deputy Treasurer to be $62,900 subject to incremental increases in salary and benefits as received by other general full-time Bloomfield Township employees on an annual basis.

AYES: Barnett, Buckley, Devine, Payne, Roncelli, 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 23, 2006.

ITEM #8 Approve Payroll and Vouchers

MOTION by Barnett and SUPPORT by Roncelli to APPROVE payroll and vouchers A001884-A001907; B013024-B013222; E002016-E002031 totaling $4,966,362.08.

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

NAYS: None

ITEM #9 Public Comment

John Jamian, 1862 Chipping Way, addressed the Board regarding the tri party funding for Wabeek Lake Drive.

Supervisor Payne welcomed County Commissioner Chuck Moss.

Included in Board Packet: RCOC’s Fast Trac Bulletin Comprehensive Housing Needs Assessment Memo

TABLED ITEMS: Innerwoods Lot Split (Tabled Indefinitely)

Meeting adjourned at 8:41 p.m.

Home  |  Government  |  Services  |  Community  |  Current Events  |  Resources
Contact Us  |  E-mail List  |  Forms

Still can't find what you're looking for?
Use our comprehensive Search or Site Map pages!

Charter Township of Bloomfield
4200 Telegraph Road
P.O. Box 489
Bloomfield Hills, MI 48303-0489
248.433.7700

Click here to report website technical issues.

Need to contact the webmaster?  Click here.

This site is best viewed in Internet Explorer 5.5 or higher and Netscape 6.0 or higher.

Having trouble accessing our site forms? Your browser may not have the Acrobat Reader plug-in that is required.  Click here to download a free copy of this software.

Site Design/Development by

Proudly serving our community online since 1999.
Named #1 Township Website in Michigan by Cyber-state.org

Site Use Policy

All information © 2008 Bloomfield Township, Michigan