Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, APRIL 9, 2007

8:00 p.m. STREET LIGHT SPECIAL ASSESSMENT PUBLIC HEARING:

Supervisor Payne called the Public Hearing to order for consideration of a rate increase in the street light special assessment district for Knob Hill Subdivision (S.A.D. 246), Chestnut Run Subdivision (S.A.D. 295) and Carillon Hill Subdivision (S.A.D. 394).

Clerk Roncelli advised the Board that these special assessments were being reviewed due to a rate increase from DTE Energy. Knob Hill would increase $1.63, from $82.70 to $84.33. Chestnut Run would increase $1.88, from $95.12 to $97.00. And Carillon Hill would increase $6.30, from $83.74 to $90.04. The rates for these special assessment districts have been stable for, at least, the last four years.

The Public Hearing was closed at 8:04 p.m.

MOTION by Buckley and SUPPORT by Stefanes to APPROVE the Knob Hill Subdivision (S.A.D. 246) Street Light Special Assessment Increase of $1.63, Effective May 1, 2007.

MOTION by Barnett and SUPPORT by Stefanes to APPROVE the Chestnut Run Subdivision (S.A.D. 295) Street Light Special Assessment Increase of $1.88, Effective July 1, 2007.

MOTION by Stefanes and SUPPORT by Buckley to APPROVE the Carillon Hill Subdivision (S.A.D. 394) Street Light Special Assessment Increase of $6.30, Effective Immediately.

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 April 9, 2007.

________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #1 Approved Board Minutes of March 26, 2007.

ITEM #2 Consolidation Proposal – The Study of Consolidation of the Police and Fire Departments of the City of Birmingham and Bloomfield Township

Supervisor Payne made the presentation.

Top priority has been placed on the police and fire departments for Township residents. However, with increasing costs it is getting more difficult for the Township, and local municipalities in general, to fund these departments in order to provide the highest level of service. Increasing taxes, reducing the service level, receiving additional state funding and state revenue sharing were mentioned as possible avenues to provide supplementary financial support, but were discarded as unacceptable or unpredictable.

Another option is to consolidate services where cost savings may be realized. The purpose of this study is to examine if this alternative is feasible. The goals of this study are to realize cost reduction and service enhancements. If this proposal were to take effect, changes would be implemented over time and seamless to Township citizens.

Birmingham was chosen due to common borders shared with the Township, similar demographics, compatible management structures and comparable staff requirements.

The study of a possible consolidation will be a very long process with the Township residents aware of each development.

MOTION by Barnett and SUPPORT by Roncelli to APPROVE the Consolidation Proposal.

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 April 9, 2007.

ITEM #3 Introduction of Ordinance 584, Elderly Care Development Ordinance

Patti McCullough, Director of Planning and Building, made the presentation.

Antiquated language and lack of design criteria are missing from the current ordinance. This ordinance amendment would establish elderly care recommendations. R-M and B-3 are the only districts that allow for senior housing development. Ordinance 584 does not propose expansion of senior housing, but to allow for more contemporary requirements.

MOTION by Savoie and SUPPORT by Stefanes to APPROVE the Introduction of Ordinance 584.

CHARTER TOWNSHIP OF BLOOMFIELD

COUNTY OF OAKLAND

STATE OF MICHIGAN

ORDINANCE NO. 584

AN ORDINANCE TO REPLACE THE CURRENT HOUSING FOR THE ELDERLY AND CONVALESCENT AND NURSING HOME PROVISIONS WITH RESIDENTIAL ELDER CARE DEVELOPMENT PROVISIONS IN THE R-M MULTIPLE FAMILY RESIDENTIAL DISTRICT AND B-3 GENERAL BUSINESS DISTRICT.

THE TOWNSHIP OF BLOOMFIELD ORDAINS:

The residential elderly care development provisions are intended to create standards to allow for residential and care facilities for the elderly among other types of ancillary uses.

Section 1. Article V RM Multiple-Family Residential District, of the Township Zoning Ordinance No. 265, as amended, is hereby amended to delete Section 501, subsections 1 a – c, and 3 a – d in their entirety and renumber subsection 501 accordingly, and add Section 562 to read as follows:

Section 562. Residential Elder Care Development

1. Intent and General Application

The intent of residential elder care development is to provide for residential and care facilities predominately for the elderly, along with other types of residential and residential-related uses to be fully compatible with adjacent land uses, including single-family residential uses. Residential elder care development shall included uses commonly referred to as nursing homes, congregate care, assisted living, memory care, continued care, or other similar uses.

2. Standards For Qualification:

In areas where the residential elder care development would serve as a transition between areas planned for non-residential use and adjacent low-density residential areas, the residential elder care development can relate well to the low density residential areas while still being conveniently located in relation to necessary support and service areas.

The proposed site shall have at least one property line abutting a major thoroughfare of at least 120 feet of right-of-way width. All vehicular ingress and egress shall be directly from a major thoroughfare.

The proposed site shall have at least one property line, apart from its thoroughfare frontage, in common with land which is developed, zoned, or otherwise committed for use other than for the construction of One-Family residential dwellings, or shall be at a major thoroughfare intersection location where land directly across the thoroughfare(s) is zoned for non-residential purposes.

3. Permitted Uses:

In residential elder care developments, no building or land, except as otherwise provided in this Chapter, shall be erected or used except for one or more of the following uses:

Accessory buildings and uses customarily incidental to the above permitted uses.

Such facilities may include multi-purpose recreational rooms, kitchens, and meeting rooms. Such facilities may also include medical examination rooms and limited space for ancillary services for the residents of the facility, such as barber and beauty, exercise, and recreation facilities, or other similar uses.

4. Project Design Standards:

The land use or activity being proposed shall be of such location, size and character as to be compatible with the orderly development of the Zoning District in which it is situated, and shall not be detrimental to the orderly development, environment or use of adjacent land and/or Districts.

The land use or activity under consideration is within the capacity limitations of the existing or proposed public services and facilities which serve its' location.

Residential elder care development shall be developed in accordance with the provisions of Article XIV, "SCHEDULE OF REGULATIONS," for the RM District, with the following exceptions:

All such facilities shall be developed on sites having a minimum area of four (4) acres, or two thousand (2,000) square feet of site area for each one (1) bed in the facility, or for each person cared for in the facility.

All units shall have at least one bedroom and living area which may include kitchen and bath facilities to total a minimum of three hundred (300) sq. ft. per unit.

1 parking space shall be provided for every 2 units plus 1 space per employee.

The building height for all buildings shall not exceed 32 ft. with a 3 ft. parapet.

The rear yard setback abutting property zoned for residential shall be a minimum of 40 ft. with landscape buffering or screening as described in Section 6 below.

5. Procedure For Application.

All site plans for residential elderly care development, with the exception of plans for the construction of one-family dwellings, shall be subject to the review and approval of the Planning Commission. Persons seeking Site Plan Approval for the development of property governed by this Article shall conform to the requirements of Section 1515 Site Plan Review and Article XIV Schedule of Regulations, Section 1400 Area and bulk requirements, unless otherwise specified in this section.

6. Design and Site Layout Conditions:

Required yards abutting public street rights-of-way shall be kept free of parking spaces and shall be landscaped, except driveways and drive isles are permitted.

Any yard abutting land developed for, or potentially developable for, One-Family residential purposes, shall contain a four foot six inch (4'6") high landscaped earth berm with the top of the berm landscaped with a minimum of a double row, ten (10) feet apart, of upright coniferous evergreens (pine or spruce species), as approved by the Planning Commission, eight (8) to ten (10) feet in height, twenty (20) feet on center, staggered ten (10) feet on center. In lieu of such a berm, the Planning Commission may permit a brick-faced masonry wall six (6) feet in height.

Delivery areas and parking areas shall be screened from abutting residential areas with an earth berm or screenwall as described above.

Such facilities shall be so designed architecturally as to reflect the predominant architectural character of adjacent residential areas.

The maximum length of any one (1) building shall not exceed three hundred twenty-five (325) feet measured along any single front, side, rear or other exterior elevation. Within this limit, the following wall or building offsets shall be provided:

a. The maximum length of any continuous wall line shall not exceed sixty (60) feet without interruption by a horizontal offset of a minimum of six (6) feet in depth as measured from the outer surfaces of the walls.

b. No building element (including roofs) shall exceed sixty (60) feet in length without interruption by horizontal offsets or architectural features.

The minimum distance between any two buildings on the same site or parcel shall be a minimum of forty (40)feet.

Section 2.

Article VIII B-3 General Business District, of the Township Zoning Ordinance No. 265, as amended, is hereby amended to read as follows:

Section 800. Principal Uses Permitted:

7. Clinics and elderly care facilities shall be developed in accordance with the provisions of Article V, Section 562, with the following exception:

a. All such facilities shall meet the front setback and front parking setback provisions as stated in Article XIV, "SCHEDULE OF REGULATIOS," for the B-3 District

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.

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 April 9, 2007.

________________________________

ITEM #4 Final Site Plan for Sunrise Assisted Living Facility, 6800 Telegraph Rd. – Presented by Patti McCullough

This project does comply with the proposal of Ordinance 584.

The property is located south of the Bloomfield Plaza Shopping Center. It is zoned R-M and is the former Birmingham Farms North site.

The plan has been reviewed by the Township Planning Commission, Zoning Board of Appeals and Design Review Board. Variances were granted for building length and height. Also, a requirement of the approval is for 8 to 12 ft evergreen trees to be planted along the rear lot line.

Laura Hester, Senior Vice President, Sunrise Assisted Living, stated that the company is proposing 80 units on a 4.17-acre site. She also stated that Sunrise met with the Birmingham Farms Homeowners Association to address questions or concerns. One issue was tree salvation. Hester assured the Board that if there was any tree loss, they will be replaced.

Steve Carson, representing ownership of Birmingham Farms, was also present. He stated that there is great concern for the current residents and that Birmingham Farms has even contacted neighboring rental communities regarding reduced rates.

A complete copy of the final site plan for Sunrise Assisted Living is available in the Clerk’s office.

MOTION By Barnett and SUPPORT by Buckley to APPROVE the Final Site Plan for Sunrise Assisted Living, 6800 Telegraph Rd.

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 April 9, 2007.

ITEM #5 Consider Lochridge Bridge Proposal – Presented by Wayne Domine

On January 23, 2006, the Bloomfield Township Board created a Special Assessment District (S.A.D. 398) for the Indianwood paving petition. This petition included reconstruction of the two existing Lochridge bridges. When bids were received for this project, the lowest was 83 percent above the engineer’s cost estimate. Based on the bids, the Township would not proceed without a new petition. In December 2006, the bids expired without a new petition being submitted.

The Indianwood Homeowners Association contacted a MSU Professor that has researched an alternative bridge structure called Con-Struct System. This system has not been widely used in Michigan and is not approved by the Michigan Department of Transportation (MDOT). The Township’s engineer, Hubbell, Roth & Clark (HRC), has had several meetings with the Con-Struct engineer and has determined that this alternative bridge reconstruction is a viable option with significant cost reductions.

HRC has agreed to provide new bid documents that would include the alternative, Con-Struct System, prepared by the bridge manufacturer’s local engineer, Nelson Engineering, L.L.C. However, a new petition will still be necessary as the new bridge estimate is still 36.5 percent higher than on the original petition.

To date, the Township has incurred costs of $115,837.44 for engineering, advertising and legal fees. With the new proposal from Nelson Engineering an additional expense of $30,307.00 to re-bid the construction documents would be accrued. A new petition will be circulated after bids are received and actual bid costs are placed under the Special Assessment District (S.A.D.) 398. If the new petition is not returned within 30 days, the project will be closed and the district will be assessed all expenses to date, including the re-bidding costs.

MOTION by Devine and SUPPORT by Buckley to APPROVE the Re-Bidding and New Petition Circulation for Indianwood Subdivision (SAD 398) Contingent upon the petition being returned within 30 days from Date of Receipt or SAD 398 will be Closed and all Costs Levied.

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 April 9, 2007.

ITEM #6 Introduction of Ordinance 583, Right-of-Way Management Ordinance Amendment & Resolution

Clerk Roncelli made the presentation. The ordinance and resolution will provide a better interpretation of the insurance and fees needed for the type of permit to be issued.

MOTION by Barnett and SUPPORT by Savoie to APPROVE the Introduction of Ordinance 583.

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF BLOOMFIELD

ORDINANCE NO. 583

RIGHT-OF-WAY MANAGEMENT ORDINANCE AMENDMENT

An ordinance to amend Right-of-Way Management Ordinance No. 550 to provide insurance requirements for residential permits.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

Section 1 of Ordinance

Section 73 of the Township of Bloomfield Right-of-Way Management Ordinance, adopted as Ordinance No. 550, is amended to read as follows.

Section 73. Insurance.

(1) The permittee shall secure and maintain in full force and effect during the term of each permit, types and amounts of insurance as established by resolution of the Township Board, with the company providing same to be licensed and admitted to do business in the State of Michigan and acceptable to the Township and the types of insurance that may be required including:

(a) Comprehensive commercial general liability insurance on an occurrence basis which shall include coverage for operations, products and completed operations, contractual liability, independent contractors and for explosion, collapse and underground liabilities, commonly referred to as "XCU" coverage.

(b) Motor vehicle insurance covering all owned and non-owned vehicles used in the permitted activities, including Michigan no-fault coverage.

(c) Owner’s and contractor’s protective liability insurance.

(d) Worker’s compensation insurance, including employer’s liability coverage, in accordance with applicable Michigan statutes.

(e) Liability insurance for residential use permits and disruption permits in a residential district for a one-family residential use.

(2) The Township and its officials, officers, employees, agents, contractors and representatives shall be named as additional insureds on all required liability insurance policies.

(3) The permittee shall furnish to the Township certificates of insurance and, upon request, certified copies of each insurance policy that the permittee is required by this section to obtain. No insurance policy and coverage that the permittee is required to obtain and keep in full force and effect by this section shall be cancelled, changed or subject to cancellation or reduction without at least 30 days prior written notice to the Township. If any coverage will expire during the term of a permit, the permittee shall deliver renewal certificates to the Township at least ten (10) days prior to the expiration date.

(4) The insurance obligations of a telecommunications provider that has obtained a Telecommunications Permit from the Township as provided in the Act and this ordinance shall be as described in that permit.

Section 2 of Ordinance. 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 3 of Ordinance. 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 of Ordinance. 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 Of Ordinance. Effective Date

This ordinance shall take effect immediately upon publication in the manner prescribed by law.

CHARTER TOWNSHIP OF BLOOMFIELD

RESOLUTION ESTABLISHING RIGHT-OF-WAY PERMIT INSURANCE AMOUNTS

RECITALS:

Section 73 of the Township of Bloomfield Right-of-Way Management Ordinance, as amended, specifies the kinds of insurance that may be required in connection with a permit issued under that Ordinance and provides for the Township Board to specifically establish the types and amounts of insurance required by Resolution.

Since the Township Board last established the required insurance amounts by Resolution in 1999, the Ordinance has been amended to specify insurance and provide for additional categories of permits not covered in that Resolution.

IT IS THEREFORE RESOLVED THAT the following types of insurance as specified in Section 73(1) of Ordinance No. 550, as amended, shall be required for the types of permits listed under that insurance category in the amount indicated, with umbrella or excess policies allowed to satisfy required minimums and the Township to be named as an additional insured on all liability policies:

1. Comprehensive commercial general liability insurance on an occurrence basis which shall include coverage for operations, products and completed operations, contractual liability, independent contractors and for explosion, collapse and underground liabilities, commonly referred to as "XCU" coverage.

Residential District Disruption Permits $1,000,000.00

Minor Disruption Permits $1,000,000.00

All other Disruption Permits and Franchise Disruption Permits $5,000,000.00

Use Permits other than Residential Use $5,000,000.00

Telecommunications (METRO Act) Use Permits $5,000,000.00*

(* Subject to modification in Permit)

2. Liability insurance for Residential Use Permits $1,000,000.00.

3. Motor vehicle insurance covering all owned and non-owned vehicles used in the permitted activities, including Michigan no-fault coverage.

All Disruption and Use Permits except Residential Use $1,000,000.00

Telecommunications (METRO Act) Use Permits $1,000,000.00*

(* Subject to modification in Permit)

4. Owner’s and contractor’s protective liability insurance of no less than $1,000,000.00 to no more than $5,000,000.00, when determined by the Township to be required in addition to the comprehensive commercial general liability insurance, for:

Disruption Permits other than Residential District and Minor $ See above range

Use Permits other than Residential Use $ See above range

Telecommunications (METRO Act) Use Permits $5,000,000.00* (*Subject to modification in Permit)

5. Worker’s compensation insurance, including employer’s liability coverage, in accordance with applicable Michigan statutes, is required for all permits except Residential Use Permits.

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 April 9, 2007.

________________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #7 Approve Traffic Control Order Nos. YS 66-3-72, Revision #1 and SS 556-03-07

These traffic control orders have been approved and provided by the Road Commission for Oakland County (RCOC) for stop and yield signs in Thorncrest Subdivision.

MOTION by Roncelli and SUPPORT by Buckley to APPROVE Traffic Control Order Nos. YS 66-3-72, Revision #1 and SS 556-03-07.

RESOLUTION

WHEREAS, Oakland County has approved Traffic Control Orders, YS 66-3-72, Revision #1 and SS 556-03-07; and

WHEREAS, the approval pertains to the installation of stop and yield signs on roads within the Thorncrest Subdivision in Bloomfield Township,

NOW THEREFORE BE IT RESOLVED that the Bloomfield Township Board of Trustees approves the Traffic Control Orders at these locations.

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 April 9, 2007.

________________________________

ITEM #8 Approve Payroll and Vouchers

MOTION by Devine and SUPPORT by Stefanes to APPROVE payroll and vouchers A002263-A002294; B015279-B015459; E002226-E002246 totaling $14,901,715.60.

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

NAYS: None

ITEM #9 Public Comment

Paul Margosian, 6790 Telegraph Rd. #40, and Queenie Sarkisian, 6790 Telegraph Rd. #39, addressed the Board regarding the final site plan for Sunrise Assisted Living.

Firefighter David Crouch, Secretary/Treasurer, Local 3045, Bloomfield Township Association of Professional Firefighters, addressed the Board regarding Fire Department personnel concerns.

Chuck Moss, State Representative, spoke to the Board about the State budget.

Robert Jones, Vice President, National Homeowners Association, spoke to the Board about the National and State housing industry.

Included in Board Packet:

TABLED ITEMS: Innerwoods Lot Split

(Tabled Indefinitely)

Meeting adjourned at 9:45 p.m.

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