Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, NOVEMBER 27, 2006

PRESENT: Barnett, Buckley, Devine, Payne, Savoie

Also present, Attorney Mark Roberts

ABSENT: Roncelli, Stefanes

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

ITEM #1 Approved Board Minutes of November 13, 2006 as printed.

ITEM #2 Recognition of Cable Staff Award Winners – Presented by Leslie Helwig

Leslie Helwig, Community Relations, performed the presentation. The following people were recognized:

Mr. Steve Rota – Emmy Award and 2nd place Philo Award

Mr. Zachary Florance – 1st and 2nd place Philo Awards

Ms. Lisa Antuna – 1st place Philo Award

Mr. David Sommerfeld – 2nd place Philo Award

ITEM #3 State Cable Legislation Update – Presented by Leslie Helwig

The Bloomfield Township Board of Trustees has approved four cable resolutions, over the past year, regarding this legislation.

If this bill becomes law, the franchise agreement that the Township has with Comcast will be terminated and $300-400 thousand dollars will be lost due to Public, Educational and Government (PEG) revenues being capped at one percent, rather than the current three percent.

These revenues are used for the operation of Channel 15, the Township website, Township newsletters, new resident brochures and local schools.

ITEM #4 Introduction of Ordinance 579 – Minor in Possession of Alcoholic Beverages Amendment – Presented by Captain Scott McCanham

This ordinance would amend Ordinance 539 and conform to the state regulations regarding minors possessing or consuming alcoholic beverages. It also uses a minor’s "bodily alcohol content" as being considered in possession of alcoholic beverages.

MOTION by Buckley and SUPPORT by Barnett to INTRODUCE Ordinance 579.

An Ordinance to prohibit the purchase, possession or consumption of alcohol by minors and to provide penalties and sanctions for violations thereof.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

Section 1 of Ordinance

The Township of Bloomfield’s Amended Alcohol Beverages Ordinance, as adopted as Ordinance No. 539, is amended in its entirety to read as follows:

MINORS POSSESSING OR CONSUMING ALCOHOL

Section 1. Purpose and Intent.

This Ordinance is adopted for the purpose and with the intent of regulating the sale of alcoholic liquor to minors; possessing or transporting alcohol in a motor vehicle by minors; prohibiting unlawful purchase, consumption or possession of alcohol by minors; use of fraudulent identification by minors to purchase alcohol; and, to provide penalties and sanctions for violations of this Ordinance.

Section 2. Persons Under 21 Years of Age Possessing or Consuming Alcohol, or Having Any Bodily Alcohol Content

(1) A minor shall not purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content, except as provided in this Section. A minor who violates this Subsection is guilty of a misdemeanor punishable by the following fines and sanctions:

(a) For the first violation a fine of not more than $100.00, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services and may be ordered to perform community service and to undergo substance abuse screening and assessment at his or her own expense as described in Subsection (4) of this Section.

(b) For a violation of Subsection (1) of this Section, following a prior conviction or juvenile adjudication for a violation of Subsection (1), by imprisonment for not more than 30 days but only if the minor has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction, a fine of not more than $200.00, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services, to perform community service, and to undergo substance abuse screening and assessment at his or her own expense as described in Subsection (4) of this Section.

(c) For a violation of Subsection (1) following 2 or more prior convictions or juvenile adjudications for a violation of Subsection (1), by imprisonment for not more than 60 days but only if the minor has been found by the court to have violated an order of probation, failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine for that conviction, a fine of not more than $500.00, or both, and may be ordered to participate in substance abuse prevention services or substance abuse treatment and rehabilitation services, and to undergo substance abuse screening and assessment at his or her own expense as described in Subsection (4) of this Section.

(2) A person who furnishes fraudulent identification to a minor, or notwithstanding Subsection (1) a minor who uses fraudulent identification to purchase alcoholic liquor, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.

(3) When an individual who has not previously been convicted of or received a juvenile adjudication for a violation of Subsection (1) of this Section pleads guilty to a violation of Subsection (1), the court, without entering a judgment of guilt in a criminal proceeding, may defer further proceedings and place the individual on probation. Upon violation of a term or condition of probation or upon a finding that the individual is utilizing this Subsection in another court, the court may enter an adjudication of guilt, and proceed as otherwise provided by law. Upon fulfillment of the terms and conditions of probation, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this Subsection shall be without adjudication of guilt and is not a conviction for purposes of Subsection (1) or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under Subsection (1)(b) and (c). There may be only 1 discharge or dismissal under this Subsection as to an individual. The court shall maintain a nonpublic record of the matter while proceedings are deferred and the individual is on probation under this Subsection. The Secretary of State shall retain a nonpublic record of a plea and of the discharge and dismissal under this Subsection. This record shall be furnished to any of the following:

(a) To a court, prosecutor, or police agency upon request for the purpose of determining if an individual has already utilized this Subsection.

(b) To the State Department of Corrections, a prosecutor, or a law enforcement agency, upon the department's, a prosecutor's, or a law enforcement agency's request, subject to all of the following conditions:

(i) At the time of the request, the individual is an employee of the State Department of Corrections, the prosecutor, or the law enforcement agency, or an applicant for employment with the department of corrections, the prosecutor, or the law enforcement agency.

(ii) The record is used by the state department of corrections, the prosecutor, or the law enforcement agency only to determine whether an employee has violated his or her conditions of employment or whether an applicant meets criteria for employment.

(4) The court may order the person convicted of violating Subsection (1) of this Section to undergo substance abuse screening and assessment, in order to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs.

(5) The Secretary of State shall suspend the operator's or chauffeur's license of an individual convicted of violating Subsection (1) or (2) of this Section as provided in section 319 of the Michigan vehicle code, 1949 PA 300, MCL 257.319.

(6) A peace officer who has reasonable cause to believe a minor has consumed alcoholic liquor or has any bodily alcohol content may require the person to submit to a preliminary chemical breath analysis. A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis. The results of a preliminary chemical breath analysis or other acceptable blood alcohol test are admissible in a criminal prosecution to determine whether the minor has consumed or possessed alcoholic liquor or had any bodily alcohol content. A minor who refuses to submit to a preliminary chemical breath test analysis as required in this Subsection is responsible for a civil infraction and may be ordered to pay a civil fine of not more than $100.00.

(7) The Police Department, upon determining that a person less than 18 years of age who is not emancipated under 1968 PA 293, MCL 722.1 to 722.6, allegedly consumed, possessed, purchased alcoholic liquor, attempted to consume, possess, or purchase alcoholic liquor, or had any bodily alcohol content in violation of Subsection (1) shall notify the parent or parents, custodian, or guardian of the person as to the nature of the violation if the name of a parent, guardian, or custodian is reasonably ascertainable by the Police Department. The notice required by this Subsection shall be made not later than 48 hours after the Police Department determines that the person who allegedly violated Subsection (1) is less than 18 years of age and not emancipated under 1968 PA 293, MCL 722.1 to 722.6. The notice may be made by any means reasonably calculated to give prompt actual notice including, but not limited to, notice in person, by telephone, or by first-class mail. If an individual less than 17 years of age is incarcerated for violating Subsection (1), his or her parents or legal guardian shall be notified immediately as provided in this Subsection.

(8) This Ordinance does not prohibit a minor from possessing alcoholic liquor during regular working hours and in the course of his or her employment if employed by a person licensed under the Michigan Liquor Control Code of 1998, by the State Liquor Control Commission, or by an agent of the Commission, if the alcoholic liquor is not possessed for his or her personal consumption.

(9) This Ordinance does not limit the civil or criminal liability of the vendor or the vendor's clerk, servant, agent, or employee for a violation of this Ordinance or any other law or act.

(10) The consumption of alcoholic liquor by a minor who is enrolled in a course offered by an accredited postsecondary educational institution in an academic building of the institution under the supervision of a faculty member is not prohibited by this Ordinance if the purpose of the consumption is solely educational and is a requirement of the course.

(11) The consumption by a minor of sacramental wine in connection with religious services at a church, synagogue, or temple is not prohibited by this Ordinance.

(12) Subsection (1) of this Section does not apply to a minor who participates in either or both of the following:

(a) An undercover operation in which the minor purchases or receives alcoholic liquor under the direction of the person's employer and with the prior approval of the local prosecutor's office as part of an employer-sponsored internal enforcement action.

(b) An undercover operation in which the minor purchases or receives alcoholic liquor under the direction of the State Police, the State Liquor Control Commission, or the Bloomfield Township Police Department as part of an enforcement action unless the initial or contemporaneous purchase or receipt of alcoholic liquor by the minor was not under the direction of the State Police, the State Liquor Control Commission, or the Bloomfield Township Police Department and was not part of the undercover operation.

(13) The State Police, the State Liquor Control Commission, or the Bloomfield Township Police Department shall not recruit or attempt to recruit a minor for participation in an undercover operation at the scene of a violation of Subsection (1), or of section 801(2), or section 701(1) of the Michigan Liquor Control Code of 1998.

(14) In a criminal prosecution for the violation of Subsection (1) concerning a minor having any bodily alcohol content, it is an affirmative defense that the minor consumed the alcoholic liquor in a venue or location where that consumption is legal.

(15) As used in this Section, "any bodily alcohol content" means either of the following:

(a) An alcohol content of 0.02 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(b) Any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.

Section 2 of Ordinance

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

Section 3 of Ordinance

If any provision of this ordinance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision.

Section 4 of Ordinance

This ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect upon publication in accordance with the law.

AYES: Barnett, Buckley, Devine, Payne, Savoie

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 November 27, 2006.

____________________________

JANET RONCELLI

TOWNSHIP CLERK

Supervisor Payne requested that, at this time, Item #7 be heard.

ITEM #7 Zoning Board of Appeals (ZBA) Appointment

Supervisor Payne stated that Larry Smith has resigned as alternate from the Zoning Board of Appeals. Payne recommended Carol Rosati to fulfill the remainder of the term, which expires January 1, 2008.

MOTION by Barnett and SUPPORT by Buckley to APPROVE the Appointment of Carol Rosati as Alternate to the Zoning Board of Appeals, replacing Larry Smith, with a term expiring January 1, 2008.

BE IT RESOLVED to appoint to the Zoning Board of Appeals the following person with a term expiring January 1, 2008:

Carol Rosati

4901 Susana Way

Bloomfield Hills, MI 48302

AYES: Barnett, Buckley, Devine, Payne, Savoie

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 November 27, 2006.

ITEM #5 Master Plan Update – Presented by Patti McCullough and Planning Commission Chair, Jeff Salz

Members of the Planning Commission were introduced from the audience: Richard Mintz, John Swoboda, William Stark, Jane Reisinger and Scot Goldberg.

In January 2006, work began on the master plan update. The Planning Commission worked many hours to create a plan that is thorough and comprehensive as well as unique to Bloomfield Township. The master plan draft was completed in November 2006.

Supervisor Payne thanked the Planning Commission for the time they contributed, Patti McCullough for all her hard work, and Wayne Domine and his staff for their assistance. He also stated that this particular document goes to great lengths towards the future of the Township.

Trustees Savoie, Buckley and Barnett also commended the Planning Commission.

A complete copy of the Master Plan Update Draft is available in the Clerk’s office.

MOTION by Barnett and SUPPORT by Buckley to ACCEPT the Master Plan Update Draft.

AYES: Barnett, Buckley, Devine, Payne, Savoie

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 November 27, 2006.

ITEM #6 RPO Round VII Grant – Township Wetland Inventory – Presented by Wayne Domine

Proposals were received from eight consulting firms to conduct the Township Wetland Inventory Project, funded, in part, by the Rouge Program Office, Round VII Grant.

The proposal from Niswander Environmental was $33,240.00. The project is a 50/50 matching grant, so the cost to the Township will be $16, 620.00. This cost is lower than the $39,370.00 allocated by the federal grant, as well as being below the $19,000.00 budgeted for this project by the Township.

A complete copy of the Township Wetland Inventory is available in the Clerk’s office.

MOTION by Savoie and SUPPORT by Barnett to AWARD the Bloomfield Township Wetland Inventory Project to Niswander Environmental.

AYES: Barnett, Buckley, Devine, Payne, Savoie

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 November 27, 2006.

____________________________

JANET RONCELLI

TOWNSHIP CLERK

ITEM #8 Approve Payroll and Vouchers

MOTION by Buckley and SUPPORT by Barnett to APPROVE payroll and vouchers A001942-A001971; B013659-B013810; E002055-E002070 totaling $2,782,153.61.

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

NAYS: None

ITEM #9 Public Comment

Supervisor Payne introduced State Representative Elect, Chuck Moss.

Included in Board Packet: 2007 Board of Trustees Meeting Schedule

TABLED ITEMS: Innerwoods Lot Split

(Tabled Indefinitely)

Meeting adjourned at 9:21 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