Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, MARCH 12, 2007

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

Also present, Attorney Derk Beckerleg

ABSENT: Savoie

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

8:00 p.m. 2007-2008 FISCAL YEAR BUDGET PUBLIC HEARING:

Supervisor Payne called the Public Hearing to order for consideration of the 2007-2008 Fiscal Year Budget. In accordance with Charter Township regulations, the proposed budget was introduced to the Board of Trustees on December 11, 2006 and a Study Session was held on January 29, 2007.

Payne outlined the budget explaining sources of revenues and expenditures. After discussion of the budget items, the following motion was made by Devine and supported by Barnett:

WHEREAS this resolution shall be the general appropriations of Bloomfield Township, by fund and account group, for the fiscal year ending March 31, 2008. This resolution makes appropriations; establishes the salaries of the administrative elected officials and department heads; provides for the expenditure of the appropriations; and provides for the disposition of all income received by Bloomfield Township on a fund or account group basis complying with Section 16 of the Uniform Budgeting and Accounting Act (MCL 141.436) by setting forth the total number of mills of ad valorem property taxes to be levied and the purposes for which that millage is to be levied (the truth in budgeting act); and

WHEREAS the Township 2007-2008 Budget is hereby adopted and shall be permanently placed on file in the Clerk’s office and available for public view; and

WHEREAS the estimated adopted millage rates shall not exceed the millage rates requested on the millage request report to the Oakland County Board of Commissioners before September 30th, 2007.

BE IT RESOLVED, that no Township Board member or employee of Bloomfield Township shall expend any funds or obligate expenditures of any funds except pursuant to appropriations made by the Board. Changes in the amount appropriated by the Township Board shall require approval by the Township Board; and

BE IT FURTHER RESOLVED that the Township Supervisor is hereby charged with general supervision of the execution of the budget adopted by the Township Board and shall hold the department heads and employees responsible for performance of their responsibilities within the amounts appropriated by the Township Board.

MOTION by Devine and SUPPORT by Barnett to CLOSE the 2007-2008 Budget Public Hearing.

Roll Call taken by Clerk Roncelli:

Barnett - yes

Stefanes - yes

Devine - yes

Payne - yes

Roncelli - yes

Buckley - yes

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 March 12, 2007.

ITEM #1 Approved Board Minutes of February 12, 2007.

ITEM #2 Contribution Request – Birmingham Bloomfield Families in Action (BBFA) – Laura Couger, Executive Director, will be Available for Questions

Couger thanked the Board for their financial support, which has allowed the organization to grow. She highlighted the seminars that contribute to the primary focus of the organization - parent education.

The Board inquired as to donation amounts from other cities that utilize this organization’s services. Couger responded that Birmingham contributed $1000.00, the City of Bloomfield Hills declined, and the public schools have donated space for seminars.

The Board agreed that the BBFA does a terrific job of educating parents and their cause is worthy of support.

MOTION by Roncelli and SUPPORT by Buckley to APPROVE the Requested Contribution of $2000.00 to Birmingham Bloomfield Families in Action (BBFA) for the Year 2007; And that the BBFA ask the City of Birmingham to Match the Township’s Contribution and the City of Bloomfield Hills to Make a Contribution for the Year 2007.

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 March 12, 2007.

ITEM #3 Consider Approval of Raffle License for Oakland Hills Scholarship Trust – James Dougherty will be Available for Questions

The Oakland Hills Scholarship Trust is a nonprofit organization that began by offering scholarships to golf caddies, but has now expanded to all employees of the Oakland Hills Country Club. The State of Michigan licensing procedure requires approval of the local municipality.

MOTION by Barnett and SUPPORT by Stefanes to APPROVE a Raffle License for Oakland Hills Scholarship Trust.

WHEREAS, that the State of Michigan requires a gaming license for any nonprofit organization conducting a raffle; and

WHEREAS, the nonprofit organization must be recognized by their local municipality in order to obtain a charitable gaming license by the State of Michigan.

THEREFORE BE IT RESOLVED that the Charter Township of Bloomfield recognizes Oakland Hills Scholarship Trust as a nonprofit organization operating in the community.

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 March 12, 2007.

________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #4 Crime Prevention Ticket & Seminar – Chief Zimmerman will be Available for Questions

The Crime Prevention Ticket is a friendly citation that a Township police officer may use if they discover a security problem with a home. The officer will complete the ticket, citing the problem, and hang it on the resident’s door.

Supervisor Payne stated that this program will be very proactive and beneficial to the community.

The Crime Prevention Seminar is a very current and timely topic. The seminar date and times still need to be determined, but once they are they will be advertised on the Township’s website, Channel 15’s Bulletin Board, and the local newspaper.

ITEM #5 Clean Sweep Program – Presented by Tom Trice

This program is intended to encourage Township neighborhoods and subdivisions to clean up entrances and right-of-ways. Last year was the first year for this program and 52 cubic yards of debris was collected; which would fill approximately three garbage trucks.

This year the program is scheduled for April 21 – 22, 2007 which will also correspond with Earth Day (22nd). All volunteers will receive a certificate.

MOTION by Barnett and SUPPORT by Stefanes to APPROVE the Clean Sweep Program Scheduled for April 21 – 22, 2007.

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 March 12, 2007.

________________________________

ITEM #6 2007 Road Maintenance Agreement with Oakland County – Presented by Tom Trice

Tom Trice, Public Works Director, made the presentation. This is an annual agreement with Oakland County to allow Bloomfield Township to maintain its own roads. The contract has basically stayed the same since 1971 and is dictated by state statute.

A copy of the 2007 Road Maintenance Agreement is on file in the Clerk’s office.

MOTION by Buckley and SUPPORT by Stefanes to APPROVE the Maintenance Agreement between the Charter Township of Bloomfield and the Oakland County Road Commission.

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 the 12th day of March 2007, the original of which is in my office.

________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #7 Introduction of Ordinance 580 (Water Rates)

The Township has received a rate increase of approximately eight percent from the Detroit Water and Sewerage Department and the Oakland County Drain Commissioner, which will go into effect on July 1, 2007. The Township will increase their rates approximately nine percent, effective April 1, 2007.

MOTION by Devine and SUPPORT by Barnett to APPROVE the Introduction of Ordinance 580.

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 $3.60 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 $133.20.

SECTION 2.01.

Ordinance No. 573 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 April 1, 2007.

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 the 12th day of March 2007, the original of which is in my office.

ITEM #8 Introduction of Ordinance 581 (Sewer Rates)

MOTION by Buckley and SUPPORT by Stefanes to APPROVE the Introduction of Ordinance 581.

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 $120.99 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 $3.27 per 1000 gallons of water used by said premises for that quarter.

SECTION 2.01 Repealer.

Ordinance No. 574 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 April 1, 2007.

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 the 12th day of March 2007, the original of which is in my office.

________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #9 Introduction of Ordinance 582 (DWSD Wastewater Amendment)

This amendment is mandatory based on the City of Detroit’s municipal code and only pertains to industrial wastewater discharge.

MOTION by Barnett and SUPPORT by Buckley to APPROVE the Introduction of Ordinance 582.

An Ordinance to amend Ordinance 526, to incorporate therein amendments to the Code of Federal Regulations regarding the discharge of wastewater into wastewater collection and treatment systems which are binding upon the Township, to streamline necessary procedures for compliance with the aforementioned federal amendments, to improve the efficiency, operation and implementation of the City of Detroit Water and Sewerage Department's Industrial Pretreatment Program, to establish new regulatory requirements for Centralized Waste Treatment Facility dischargers and for groundwater dischargers, to place new responsibility upon Industrial Users for conducting self-monitoring and waste minimization activities.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS AS FOLLOWS TO AMEND THE ORDINANCE CODE:

Section 3 is hereby amended to add the following definitions to be inserted alphabetically:

Section 7B(b) is hereby amended to read as follows:

(b) Specific pollutant prohibitions. No user shall discharge wastewater containing in excess of the following limitations:

(1) Compatible pollutants.

See Appendix C

(2) Non-compatible pollutants.

No user shall discharge wastewater containing in excess of:

All limitations are based on samples collected over an operating period representative of an industrial user's discharge, and in accordance with 40 C.F.R. part 136.

Section 7B(b) is hereby amended to add the following subparagraph:

(3) Compliance Period. Within thirty (30) days of the effective date of this ordinance, the Department shall notify all industrial user’s operating under an effective wastewater discharge permit of the requirement to submit a compliance report within one hundred eighty (180) days after the effective date of this ordinance. The Compliance Report shall demonstrate the user’s compliance or non-compliance with these limitations, and, in the event of non-compliance, include the submission of a plan and schedule for achieving compliance with the stated limitation. In no event shall a compliance schedule exceed (18) month from the effective date of this ordinance. An Industrial User who does not demonstrate compliance may petition the Department for a second extension as part of an Administrative Consent Order. The Department shall include appropriate monitoring, reporting, and penalties into an Administrative Consent Order that relates to a second extension, and shall enter into such an agreement only upon a good-faith showing by the industrial user of the actions taken to achieve compliance with this provision.

Section 7B (o) is hereby amended to read as follows:

(o) Pollution prevention. The Department shall encourage and support industrial users to develop and implement pollution prevention programs which eliminate or reduce pollutant contributions beyond the levels required by this division. The Department may require an industrial user to implement pollution prevention initiatives or BMP as part of an enforcement response, or as necessary to comply with its NPDES permit.

Section 7I is hereby amended to add the following subsection and renumber the subsections that follow (d) accordingly:

(d) Where one (1) or more of the measurements taken for any pollutant defined in Section 7B(b) of this Code during a six (6) month period exceed by any magnitude the daily maximum non-detect limit for the same parameter, the industrial user may develop and implement pollution prevention initiatives, or a BMP, as part of its response. The Department may, as part of an Administrative Order, also require development of a BMP as a part of the Department’s enforcement response. Upon approval of the Department, these pollution prevention initiative, or BMPs shall be made an enforceable part of the wastewater discharge permit. Industrial users shall provide, at six (6) month intervals, analytical results and certifications in support of its implementation of an approved pollution prevention initiative or BMPs. Upon demonstration of compliance, the industrial user may request to be relieved of this implementation requirement.

Section 7I (f) is hereby amended to read as follows:

(f) Notice of violation. Except in the case of an actual or threatened discharge as specified in subsection (e) of this section, whenever the Department has reason to believe that any industrial user has violated or is violating this division, the Department shall serve a written notice stating the nature of the violation upon such industrial user. Where applicable, the Department shall pursue appropriate escalating enforcement action as defined within its approved enforcement response plan. The failure of the Department to issue a notice of violation shall not preclude the Department from escalating its enforcement response.

The following terms are hereby added to Appendix A:

Appendix B is hereby added as follows:

An Industrial User may elect, in lieu of the Total Phenols Limitation specified in Section 7B (b)(2), to substitute specific limitations for each of the eight (8) individual phenolic compounds identified under the Total Phenols Limitation. The following specific limitations, expressed in mg/l, shall be applied in lieu of the Total Phenols Limitation, upon election;

Following election, the wastewater discharge permit shall be modified to incorporate these substituted parameters and an Industrial User shall be responsible for monitoring and reporting compliance with these parameters.

Appendix C is hereby added as follows:

No user shall discharge wastewater containing any of the following pollutants in excess of the following interim pollutant discharge limitations:

That all other ordinances or parts of ordinances which are inconsistent or in conflict herewith are hereby repealed to the extent of such inconsistency or conflict.

This Ordinance and the various parts, sections, subsections, provisions, sentences and clauses are severable. If any part of this Ordinance is found to be unconstitutional or invalid, it is declared the remainder of this Ordinance shall not be affected hereby.

This ordinance shall be published and take effect upon publication in the manner prescribed by law.

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 the 12th day of March 2007, the original of which is in my office.

ITEM #10 Maple BPA, Inc.; SDM Liquor License, Board Response to Michigan Liquor Control Commission

Clerk Roncelli addressed the Board, giving them background information on the owner and his intentions for the gas station/store.

The Board agreed that if granted, this SDM request would create a terrible precedent within the community.

MOTION by Devine and SUPPORT by Barnett to Contact the Michigan Liquor Control Commission with Strong Opposition for the SDM Request for Maple BPA, Inc. as per the Resolution.

WHEREAS, per the MAC 436.1105 (2d) (3), Bloomfield Township received a letter from the Michigan Liquor Control Commission (MLCC) stating that Maple BPA, Inc. submitted an application for a new SDM license; and

WHEREAS, Maple BPA, Inc, is an establishment to be located at 6495 Telegraph Road, Bloomfield Township; and

WHEREAS, the proposed use of the establishment is multifaceted. A portion will operate as a gas station; the other portion will operate as a coffee shop with drive-thru service; and

WHEREAS, Bloomfield Township realizes that the purpose of the local review is to determine whether there are any zoning or ordinance problems with the proposed licensed location, we ask the MLCC to consider the local legislative body’s following concerns:

According to Public Act No. 253 of 2006, House Bill No. 5562, Section 541 (1), "The commission shall not prohibit an applicant for or the holder of a specially designated distributor license or specially designated merchant license from owning or operating motor vehicle fuel pumps on or adjacent to the license premises, if both of the following conditions are met:

One or both of the following conditions exist:

a. The applicant or licensee is located in a neighborhood shopping center composed of 1 or more commercial establishments organized or operated as a unit which is related in location, size, and type of shop to the trade area that the unit serves, which provides not less than 50,000 square feet of gross leasable retail space, and which provides 5 private off-street parking spaces for each 1,000 square feet of gross leasable retail space."

 Neither the gross square footage nor the usable square footage of the building would meet the required 50,000 square feet of leasable retail space. The gross square footage of the building located at 6495 Telegraph is 3,150. The usable square footage for the building is 2, 228. The BP gas portion of the building is 1,650 square feet.

b. "The applicant of licensee maintains a minimum inventory on the premises, excluding alcoholic liquor and motor vehicle fuel, of not less than $250,000.00, at cost, of those goods and services customarily marketed by approved types of businesses."

 We question the feasibility that a gas station with 1,650 square feet of usable space could stock and/or maintain an inventory, excluding alcoholic liquor and motor vehicle fuel, of not less than $250,0000.00 at cost.

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 the resolution adopted by the Charter Township of Bloomfield on the March 12, 2007, the original of which is in my office.

ITEM #11 Resolution to Appoint Receiving Board for all Elections in 2007 and 2008

This resolution will continue the receiving board, which operates like an audit board for elections after the polls close.

MOTION by Barnett and SUPPORT by Buckley to APPROVE the APPOINTMENT of a Receiving Board for All Elections in 2007 and 2008.

WHEREAS, Michigan PA 256, effective July 23, 2004, amended 1954 PA 116; and

WHEREAS, the legislative body of a township may, by resolution, provide that at an election at which the ballots are counted or certified at the precinct, one or more additional boards of election inspectors be appointed to serve as the receiving boards; and

WHEREAS, for a precinct having receiving boards, the Election Commission shall appoint a receiving board consisting of two or more election inspectors, with an equal number from each major political party; and

WHEREAS, the receiving board shall follow the authorized procedures and actions as noted by PA 256, subsection (3) regarding the ballot container, poll book and statement of returns;

NOW THEREFORE BE IT RESOLVED that the BLOOMFIELD TOWNSHIP BOARD OF TRUSTEES approves the appointment of a Receiving Board for all Elections in 2007 and 2008 as authorized by Michigan PA 256.

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

NAYS: None

RESOLUTION DECLARED ADOPTED.

CERTIFICATION

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 the resolution adopted by the Charter Township of Bloomfield on the March 12, 2007, the original of which is in my office.

________________________________

ITEM #12 For Information Only – Friends of Bloomfield Township CERT

Treasurer Devine made the presentation. He stated that he would like to have the Bylaws for this non-profit organization, 501(c)(3), become public record and filed in the Clerk’s Office.

The meetings for the CERT program will be recorded in minute form and provided to the Board of Trustees. This will allow the Board to be kept abreast of happenings with this group.

This program has no ties to the Township and exists as a separate organization, with no other purpose but to serve the community.

MOTION by Devine and SUPPORT by Buckley to APPROVE the Filing of the CERT Bylaws, as adopted November 2006, in the Township Clerk’s Office so that a Public Record, as to the Existence of the Organization, may be Maintained.

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

NAYS: None

RESOLUTION DECLARED ADOPTED.

ITEM #13 Approve Payroll and Vouchers

MOTION by Barnett and SUPPORT by Roncelli to APPROVE payroll and vouchers A002149-A002166; B014770-B014928; E002175-E002193 totaling $4,528,806.84 for February 26, 2007 and A002167-A2217; B014929-B15095; E002194-E002211 totaling $12,487,070.45 for March 12, 2007.

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

NAYS: None

ITEM #14 Public Comment

Supervisor Payne introduced Karen Spector, County Commissioner.

There were several Bloomfield Township firefighters who attended the meeting and were acknowledged by the Board.

Included in Board Packet: Road Commission for Oakland County (RCOC) Fast-Trac Bulletin for First Quarter 2007

Michigan Ethnic and Cultural Heritage Month Resolution

Oakland County Drain Commissioner Annual Report

Bloomfield Twp. Fire Dept – Oct. 2006 Monthly Report

TABLED ITEMS: Innerwoods Lot Split

(Tabled Indefinitely)

Meeting adjourned at 8:51 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 M. RONCELLI

TOWNSHIP CLERK

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