Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, DECEMBER 11, 2006

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

Also present, Attorney Van Vanerian

ABSENT: None

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

ITEM #1 Approved Board Minutes of November 27, 2006 as printed.

ITEM #2 Reappointments to Electrical Examining and Appeals Board, Construction Code Board of Appeals, Planning Commission, and Zoning Board of Appeals (ZBA) – Presented by Patti McCullough

MOTION by Barnett and SUPPORT by Buckley to APPROVE the Reappointments to the Electrical Examining and Appeals Board, Construction Code Board of Appeals, Planning Commission, and Zoning Board of Appeals.

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 December 11, 2006.

_______________________________

JANET M. RONCELLI

TOWNSHIP CLERK

Supervisor Payne requested that, at this time, Item #10 be heard.

ITEM #10 Consider Adoption of Ordinance 579 – Minor in Possession of Alcoholic Beverages Amendment

This ordinance was introduced to the Board at their November 27, 2006 meeting.

Trustee Stefanes asked for clarification of changes due to absence. Captain Scott McCanham stated that the major changes were to conform to state regulation, including the use of a minor’s "bodily alcohol content" as consideration and adjudication for first time offenders.

Trustee Barnett asked how the police would educate minors about this change in the Township’s ordinance. Supervisor Payne suggested including an article in the Township newsletter to residents, as well as the website.

MOTION by Barnett and SUPPORT by Devine to ADOPT 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, Roncelli, Savoie, Stefanes

NAYS: None

ORDINANCE DECLARED ADOPTED

STATE OF MICHIGAN )

)ss

COUNTY OF OAKLAND )

I, the undersigned, 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 Ordinance No. 579 adopted by the Township Board of the Charter Township of Bloomfield on the 11th day of December, 2006, the original of which is in my office.

_______________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #3 Final Site Plan Review – Bloomfield Park Gateway Building – 2097 Telegraph Rd. (19-05-326-005) – Presented by Patti McCullough

This is a revised site plan. The Board last reviewed this parcel in October 2005.

The plans were resubmitted to the Planning Department. Based upon review, recommendations by the Planning Commission and action by the Zoning Board of Appeals, the following requirements for approval are recommended:

A complete copy of the Final Site Plan Review for 2097 Telegraph Rd. is available in the Clerk’s Office.

MOTION by Devine and SUPPORT by Buckley to APPROVE the Amended Site Plan for 2097 Telegraph Rd., Contingent upon Completion of the Above Requirements.

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 December 11, 2006.

ITEM #4 Final Site Plan Review – New Costco Gas Station – 2385 Telegraph Rd. (19-05-476-081) – Presented by Patti McCullough

This parcel was the former site of a drive-thru oil change facility. The property is zoned B-3 General Business District and does comply in its entirety.

The plans call for removal of the existing dumpster. The extensive landscaping plan will provide screening and enhancement of the site. Costco is requesting signage only on the canopy itself, which required a variance granted by the Zoning Board of Appeals (ZBA). The height of the canopy required a variance, also granted by the ZBA.

Per the Township Fire Department, the site has been identified as contaminated with existing test wells. The Fire Department required a contamination report and a status report on the wells and any future changes. The applicant submitted a current report and also intends to remove any tainted soil as well as monitor the site to ensure that the contamination has been removed.

The plans were resubmitted to the Planning Department. Based upon departmental review, recommendations by the Planning Commission, and action by the Zoning Board of Appeals (ZBA), the following requirements for approval are recommended:

McCullough introduced Ted Johnson, Design Strategies, who stated that the hours of operation for the gas station would be 6:30 a.m. until one hour after the Costco Warehouse closes.

Johnson anticipated that construction for the gas station will begin in Spring 2007 and will take approximately four months to complete.

A complete copy of the Final Site Plan Review for 2385 Telegraph Rd. is available in the Clerk’s Office.

MOTION by Buckley and SUPPORT by Barnett to APPROVE the Final Site Plan for 2385 Telegraph Rd. Contingent Upon Completion of the Recommendations.

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 December 11, 2006.

ITEM #5 Final Site Plan Review – Classroom Addition for Detroit Country Day Junior School – 3600 Bradway (19-27-352-001) – Presented by Patti McCullough

This site is deficient in land area as related to a school, and given the non-conforming building setbacks, several variances are required for the classroom addition.

The plans were submitted to the Planning Department and based upon review, recommendations by the Planning Commission and action by the Zoning Board of Appeals, the following requirements for approval are recommended:

A complete copy of the Final Site Plan for 3600 Bradway is available in the Clerk’s Office.

MOTION by Savoie and SUPPORT by Barnett to APPROVE the Final Site Plan for 3600 Bradway Contingent upon Completion of the Recommendations; AND also Provided that Bloomfield Village and Detroit Country Day come to an Agreement regarding the Number of Students and Staff.

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 December 11, 2006.

ITEM #6 Authorize Application State of Michigan for Annual Highway Work Permit – Presented by Tom Trice

This is a standard permit that is applied for each year. The permit is a requirement in order to perform work on Michigan Department of Transportation (MDOT) highways.

A complete copy of the State of Michigan Annual Highway Work Permit is available in the Clerk’s Office.

MOTION by Barnett and SUPPORT by Savoie to AUTHORIZE the Application for the State of Michigan Annual Highway Work Permit.

RESOLVES WHEREAS, the Charter Township of Bloomfield, Michigan hereinafter referred to as the "GOVERNMENTAL BODY, " periodically applies to the Michigan Department of Transportation, hereinafter referred to as the "DEPARTMENT," for permits, referred to as "PERMIT," to construct, operate, use and/or maintain utility or other facilities, or to conduct other activities, on, over, and under state trunkline right of way at various locations within and adjacent to its corporate limits;

NOW THEREFORE, in consideration of the DEPARTMENT granting such PERMIT, the GOVERNMENTAL BODY agrees that:

Each party to this Agreement shall remain responsible for any claims arising out of their own acts and/or omissions during the performance of this Agreement, as provided by law.

This Agreement is not intended to increase either party’s liability for, or immunity from, tort claims.

This Agreement is not intended nor shall it be interpreted, as giving either party hereto a right of indemnification, either by Agreement or at law, for claims arising out of the performance of this Agreement.

BE IT FURTHER RESOLVED, that David Payne, Township Supervisor, is authorized to apply to the Michigan Department of Transportation for the necessary permit to work within state trunkline right of way on behalf of the GOVERNMENTAL BODY.

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 December 11, 2006.

ITEM #7 Custodial Service Contract – American Quality Cleaning, Inc. – Presented by Tom Trice

This is the same service contract as last year. The Township is asking to extend the agreement another year.

The company has done an excellent job.

A complete copy of the American Quality Cleaning, Inc. custodial service contract is available in the Clerk’s Office.

MOTION by Buckley and SUPPORT by Roncelli to APPROVE the Custodial Service Contract with American Quality Cleaning, Inc.

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 December 11, 2006.

ITEM #8 Award Westbourne Pumping Facility Renovations – Presented by Wayne Domine

Funding for this renovation will be from a bond sale held earlier this year for the water system’s long-term capital improvement program.

Bids from seven companies were received for this renovation project, with the lowest bid of $543,576.85 from South Hill Construction. Total project cost will be $762,912.45, which also includes $219,335.60 for the purchase of equipment from various suppliers.

The new building will have a residential appearance as requested by the Board earlier this year.

Trustee Stefanes asked about a possible park, which was also discussed by the Board earlier this year. Domine responded that only a third of an acre could be used for a park setting, which is not much room. He stated that it is probably best to wait until the project is completed and review again.

MOTION by Buckley and SUPPORT by Stefanes to AWARD the Contract for the Westbourne Pumping Facility Renovations to South Hill Construction.

MOTION by Devine and SUPPORT by Stefanes to AUTHORIZE the Purchase of Equipment from Suppliers in the Amount of $219,335.60.

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 December 11, 2006.

ITEM #9 Senior Service Department Name & Adult Day Service Name – Presented by Chris Tvaroha

Bloomfield Township Senior Services is the proposed new name for the department.

The Adult Day Service center opened last week with five participants. The official title will remain, but adopting a friendlier name was suggested in hopes that people will want to attend. The proposed name for the adult center is the Friendship Club.

The Board stressed that the "Friendship Club" is strictly an internal name; the official name would be Bloomfield Township Senior Services.

MOTION by Barnett and SUPPORT by Savoie to APPROVE Bloomfield Township Senior Services, Effective January 1, 2007, as the New Departmental Name.

MOTION by Barnett and SUPPORT by Devine to APPROVE the Name, "Friendship Club" for the Adult Day Service Center as an internal name only.

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 December 11, 2006.

ITEM #11 Designate JPMorgan Chase Bank NA as the Depository for 2007 Tax Collections

This is the same bank that has been used in past years, only the name has changed.

MOTION by Savoie and SUPPORT by Buckley to AUTHORIZE JPMorgan Chase Bank NA as the Depository for 2007 Tax Collections.

WHEREAS, the Bloomfield Township Board of Trustees must annually approve the banking institution that the Township shall utilize as its depository for tax collection deposits, and

WHEREAS, Bank One, now known as JPMorgan Chase Bank NA, has served well as the designated depository for tax collections for 2006 as well as in prior years.

THEREFORE BE IT RESOLVED that the Board of Trustees for the Charter Township of Bloomfield authorizes JPMorgan Chase Bank NA to be the depository for tax collections for 2007 taxes.

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 December 11, 2006.

ITEM #12 Preliminary Review, 2007 Bloomfield Township Budget

Supervisor Payne stated that each year the Township goes through this process. In December, the preliminary budget is distributed and the final budget goes into effect April 1st.

A complete copy of the Bloomfield Township 2007 preliminary budget is available in the Clerk’s Office.

MOTION by Buckley and SUPPORT by Barnett to ACCEPT for Review the 2007 Bloomfield Township Preliminary Budget.

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 December 11, 2006.

ITEM #13 Approve Payroll and Vouchers

MOTION by Roncelli and SUPPORT by Stefanes to APPROVE payroll and vouchers A001972-A002005; B013811-B013980; E002071-E002087 totaling $2,971,365.87.

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

NAYS: None

ITEM #14 Public Comment

Included in Board Packet: Bloomfield Twp. Police Dept. September 2006 Monthly Report

TABLED ITEMS: Innerwoods Lot Split (Tabled Indefinitely)

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