Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
MINUTES – MONDAY, APRIL 23, 2007

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

Also present, Attorney William Hampton

ABSENT: None

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

ITEM #1 Approved Board Minutes of April 9, 2007.

ITEM #2 Re-Introduction of Ordinance 577, Solid Waste Collection Fees

Tom Trice, Public Works Director, made the presentation.

This ordinance was originally introduced on October 23, 2006, but was postponed due to modifications to be made in conjunction with the solid waste negotiations.

Language and definitions have been changed. Specifically, residents may now pay the waste collector directly and the Treasurer may now charge a ten percent administrative fee on delinquent accounts.

MOTION by Savoie and SUPPORT by Barnett to APPROVE the Re-Introduction of Ordinance 577.

AN ORDINANCE TO AMEND TOWNSHIP ORDINANCE NO. 453, AS AMENDED BY ORDINANCE 545, RESIDENTIAL MUNICIPAL SOLID WASTE COLLECTION, RECYCLING AND DISPOSAL, IN ITS ENTIRETY, TO INCLUDE ADDITIONAL DEFINITIONS RELEVANT TO THE TOWNSHIP’S MUNICIPAL SOLID WASTE, RECYCLE AND YARD WASTE COLLECTION AND DISPOSAL PROGRAM CONTRACT; TO PROVIDE FOR FULL OR PARTIAL WAIVER OF FEES FOR THOSE HOUSEHOLDS MEETING CERTAIN POVERTY THRESHOLDS; AND, TO PROVIDE FOR PAYMENT OF BILLS BY RESIDENTS DIRECTLY TO THE WASTE HAULER.

THE CHARTER TOWNSHIP OF BLOOMFIELD ORDAINS:

Section 1 of Ordinance

Ordinance No. 453, as amended by Ordinance No. 545, is hereby amended, in its entirety, to read as follows:

Sec. 1. INTENT AND PURPOSE

1.1 Act 641 of the Public Acts of 1978, as amended provides that a municipality shall assure that all Single-Family and Multi-Family Residential Municipal Solid Waste is removed from sites of generation frequently enough to protect the public health, and delivered to solid waste disposal areas authorized to operate pursuant to Act 641. The Township Board has determined that the collection of Municipal Solid Waste would most appropriately be undertaken at this time by the Township, acting by and through contract with the private sector. Because Municipal Solid Waste collection directly affects the public health, safety and general welfare, the Township shall contract with a single contractor in order to facilitate Township governance and control of the residential Municipal Solid Waste program. In addition, the Township Board has determined that it would be in the public interest if the private contractor were selected on a bid basis, requiring demonstration of the contractor's capability and strength to provide a high level of service to sites of generation within the Township, and to promote and protect the public health, safety and welfare.

1.2 The Township Board has further determined that its Municipal Solid Waste program should include recycling and composting, consistent with the Oakland County Municipal Solid Waste Plan.

1.3 For purposes of establishing and carrying out a program of Municipal Solid Waste collection, recycling and disposal, the Township Board has adopted this Ordinance to provide standards and specifications for services to be provided, provide for administration of the program and operational specifications, and provide penalties for failure to comply with the provisions of this Ordinance.

Sec. 2. DEFINITIONS

2.1 As used in this Ordinance, the words and phrases listed below shall have the following meanings:

"Act 641" means Act No. 641 of the Public Acts of Michigan, 1978, as amended.

"Act 641 Plan" means the Oakland County Municipal Solid Waste Management Plan approved by the Oakland County Board of Commissioners, by two-thirds of the cities, villages and townships in the County and by the Director of the MDNR, pursuant to the requirements and provisions of Act 641, and any updates thereof and any amendments thereto adopted in accordance with Act 641.

"Construction/Demolition Debris" means non-hazardous wastes generated from construction and demolition activities, including but not limited to concrete, asphalt, wood, metal and plaster.

"Hazardous Waste" means any material or substance which by reason of its composition or characteristics is: (1) Hazardous waste as defined in the Solid Waste Disposal Act, 42 USC, 6907, et seq., as amended, replaced or superseded, and the regulations implementing the same; or, (2) Material the disposal of which is regulated by the Toxic Substance Control Act, 15 USC, 2601, et seq., as amended, replaced or superseded, and the regulations implementing the sane; or, (3) Special nuclear or byproducts material within the meaning of the Atomic Energy Act of 1954; or, (4) Hazardous waste as defined in the Act No. 64 of the Public Acts of Michigan, 1979, as amended from time to time, and as identified in administrative rules and regulations adopted by published resolution of the Township Board from time to time and/or by Regulations adopted by the Department of Natural Resources.

"Household Hazardous Waste": Shall mean any household waste material customarily generated by a single family home that may be described as ignitable, reactive, corrosive or toxic, or other such materials as defined by the Michigan Department of Natural Resources Hazardous Waste Management Act (Act 64 of 1979, as amended), including both wet and dry cell batteries.

"Industrial Special Waste" means non-hazardous wastes generated by industrial users, which due to their size or composition, require special handling and/or disposal procedures, including but not limited to foundry, sand, incinerator/boiler bottom ash, fly ash, sludges, scrap pallets and other wastes from manufacturing processes which require special handling and/or disposal procedures.

"Person" means any individual, firm, public or private corporation, partnership, trust, public or private agency or any other entity, or any group of such persons.

"Premises" means any area use for residential, commercial, or industrial purposes, separately or in combination to which a separate street address, postal address or box, tax roll description, or other similar identification has been assigned or is in use by a Person having control of the area.

"Multiple-Family Residence": Shall mean the grouping together of two (2) or more residential units under a common roof.

"Municipal Solid Waste (MSW)": As defined by Part 115 of Act No. 451 of the Public Acts of 1994, as amended from time to time. Shall include animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods and all other organic matter subject to rapid decomposition, as well as paper, cartons, boxes, crockery, and ordinary wastes from residential dwellings. Shall also include bulk items, Christmas trees, rubbish, and construction waste (in limited quantities), as defined herein. Trimmings and/or branches, greater than two (2) inches in diameter and not exceeding six (6) inches in diameter, no longer than four (4) feet in length, bundled and tied, with each bundle not exceeding sixty (60) pounds in weight will also be collected as MSW.

"Recyclable Materials" means the commingled and/or pre-sorted materials that are separated from Municipal Solid Waste prior to the collection of Municipal Solid Waste from s Site of Generation as listed by the Department of Public Works and up dated from time to time based on the market for those materials. These materials include but are not limited to: high-grade paper, glass, metal, plastic, aluminum, newspaper, corrugated paper and Yard Clippings. Recyclable Materials shall not include Hazardous Waste. More detailed specification of the items deemed to be Recyclable Materials shall be provided from time-to-time by duly published Resolution.

"Single-Family Residence": A separate residential structure, plus certain residential condominium units as designated by the Township Supervisor.

"Site of Generation" means any residential Premises in the Municipality in or on which Municipal Solid Waste or Recyclable Materials is generated by any Person.

"Solid Waste" means garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, solid commercial and solid industrial waste, and animal waste provided, however, that this definition shall not include Hazardous Waste, Recyclable Materials, Industrial Special Waste, Construction/Demolition Debris, municipal sludges, human body waste, liquid or other waste regulated by statute, ferrous or nonferrous scrap directed to a scrap metal processor or to a reuser of ferrous or non-ferrous products, slag or slag products directed to a slag processor or to a reuser of slag or slag products, sludges and ashes managed as recycled or nondetrimental materials appropriate for agricultural or silvicultural use pursuant to a plan approved by the Director of the MDNR, materials approved for emergency disposal by the Director if MDNR and fly ash or other ash produced from the combustion of coal when used in the manner set forth in Part 115 of Act No. 451 of the Public Acts of 1994, as amended from time to time.

"Waste Hauler" means any Person other than the Township, awarded a contract by the Township for, and engaged in the business of, collecting and transporting, delivering and disposing of Solid Waste and Recyclable Materials generated within the Township.

"Yard Clippings" or "Yard Waste" means fallen leaves, cut grass, lake weeds or other organic debris that can be converted to humus.

Sec. 3. GENERATORS OF MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS

3.1 All Municipal Solid Waste and recyclable materials from any Site of Generation intended for collection and/or disposal shall be stored and placed for pick-up and collection at the times and in the manner provided in rules and regulations adopted by duly published Resolution.

3.2 Recyclables.

(a) Commencing on July 1, 1991, all Persons who are owners, lessees or occupants of any Single Family Residence or Multiple Family Residence Site of Generation shall separate recyclable materials from Municipal Solid Waste and prepare the recyclable materials for pick-up, collection and delivery in the manner provided by the rules and regulations adopted by the Township by duly published Resolution.

(b) Yard wastes shall be disposed of at the Single Family Residence Site of' Generation in a manner which will not create a nuisance and/or be injurious to the public health, or yard wastes shall be placed at the curb side or other designated location for pick-up, collection and delivery by the Waste Hauler in the manner provided by rules and regulations adopted by duly published Resolution. This provision shall not prohibit a Person engaged in the business of' providing landscaping services from removing yard wastes from a Site of Generation, provided, however, such a Person shall be obligated to dispose of such yard wastes by composting, direct delivery to the Waste Hauler and/or delivery to a premises outside of the Township in a lawful manner. Unless and until it is otherwise required by law, Yard Waste shall not be collected from a Multiple-Family Residence as a separate recyclable, but only incidental to Municipal Solid Waste collection.

(c) Any recyclable materials authorized for collection by or at the direction of the Township in accordance with the terms of' this Ordinance shall become the property of the Waste Hauler at the time the material is placed at the curb side or other designated location. It shall be a violation of this Ordinance for any person not authorized by the Township to collect or pick-up or cause to be collected or picked up any such recyclable materials.

Sec. 3.3. Individuals living alone who have been declared legally blind or who have a permanent physical disability as determined by a licensed physician in the State of Michigan, to the extent which would prevent the individual from complying with the mandatory recycling requirements of this Ordinance, shall be exempt from the mandatory recycling provisions of this Ordinance.

Sec. 4. COLLECTION AND DISPOSAL OF MUNICIPAL SOLID WASTE AND RECYCLABLE MATERIALS

4.1 No Person shall dispose of any MSW or recyclable materials generated within the Township other than by means of the designated Waste Hauler awarded a contract by the Township for such purpose.

4.2 Commencing on July 1, 1991, all MSW and recyclable materials, including yard wastes (subject to the exclusions noted above), generated within the Township shall be collected and delivered to the designated Waste Hauler.

4.3 The Township shall, by resolution duly published, establish rules and regulations governing procedures for collection. Such procedures shall include the pick-up schedule, items which are deemed to be Recyclable Materials, and the manner, location and containers for storage and collection. Such rules and regulations shall be consistent with this ordinance and consistent with the contract entered into between the Township and the Waste Hauler. A failure to comply with such rules and regulations shall be a violation of this ordinance.

4.4 The Waste Hauler shall deliver MSW to a facility authorized to operate pursuant to Act 641 for disposal, and the Waste Hauler shall pay all disposal fees established for the particular licensed facility for any delivery of Municipal Solid Waste or recyclable materials to such facility. The obligation to pay the disposal fee pursuant to this Ordinance shall be absolute and unconditional.

4.5 No Person shall engage in the business of collecting, transporting, delivering, or disposing of Municipal Solid Waste, Yard Waste or Recyclable Materials generated within from Single-Family and Multi-Family residences the Township without first being authorized to do so by contract with the Township subject to the requirements in Section 4.6 of this Ordinance.

4.6 The Waste Hauler shall comply with the Act 641 Plan and all applicable Federal, State and County laws, statutes, rules and regulations in the collection, transportation and delivery of MSW and recyclable materials.

4.7 A Person shall not knowingly place hazardous waste at curb side or other designated location for collection, and a Waste Hauler shall not knowingly collect or deliver hazardous waste to a processing or disposal site.

Sec. 5. RATES AND PAYMENT FOR MUNICIPAL SOLID WASTE COLLECTION, RECYCLING AND DISPOSAL SERVICES

5.1 Rates for MSW collection, recycling and disposal services shall be determined and established by the Township based upon competitive bids in accordance with this Ordinance.

5.2 Following such bidding, the Township shall adopt Resolutions from time-to-time specifying the rates. Such Resolutions shall be published in order to provide notice to the public.

5.3 The "Waste Hauler" shall send a quarterly billing, in advance, to each Site of Generation for which services are provided in the Township. Such billing shall represent charges for services to be rendered in the following quarter.

5.4 The billing shall be transmitted by regular mail thirty (30) days prior to the beginning of the quarter for which charges are imposed by the "Waste Hauler".

5.5 The due date for payment shall be the last business day prior to the beginning of the quarter for which the charges are imposed.

5.6 The refuse bill payments are to be submitted directly to the "Waste Hauler" with payment at the address supplied on the bill.

5.7 Such charges shall constitute a lien upon the property, which is the Site of Generation. If a payment is not made on or before the due date a penalty in the amount of one (1) percent per month shall be added for each month or portion of a month payment has not been made in full. Moreover, if there is an outstanding balance owing with respect to any property as of the first day of August 1 in any year, such outstanding balance, together with all accrued penalties, shall be placed upon a list to be added to the delinquent tax roll of the Township, and shall accrue further interest and penalties, and shall be collected, in the manner made and provided for delinquent real property taxes in the Township. There shall also be an applicable administrative fee, not to exceed 10% of what is owing, added by the Township Treasurer for processing each lien.

5.8 Property owners meeting the following criteria shall be eligible to receive a full or partial waiver of collection fees:

(a) An individual that has an annual gross household income of less than or equal to the current years Federal Poverty Threshold as defined and determined annually by the United States Office of Management and Budget multiplied by a rate of 200% (2.0) and who timely files with the Township Assessor's office an Application For Waiver Of Municipal Solid Waste Collection Fees along with proof of annual gross household income from the previous year shall receive a waiver of all of the Municipal Solid Waste Collection Fees required by this Ordinance for the year for which the Application For Waiver of Municipal Solid Waste Collection Fees was filed.

(b) An individual that has an annual gross household income of the current years Federal Poverty Threshold multiplied by a rate of 200% (2.0) to establish the lower limit, and the same Poverty Threshold multiplied by a rate of 300% (3.0) to establish the upper limit and who timely files with the Township Assessor's office an Application For Waiver of Municipal Solid Waste Collection Fees along with proof of annual gross household income from the previous year shall receive a waiver of one-half (1/2) of all of the Municipal Solid Waste Collection Fees required by the Ordinance for the year for which the Application For Waiver of Municipal Solid Waste Collection was filed.

(c) The property applying for the waiver of the Municipal Solid Waste Collection Fees shall have a true cash value (assessment x 2) which is less than two hundred thousand ($200,000) Dollars.

(d) The property owner applying for the waiver of the Municipal Solid Waste Collection Fees shall have a maximum amount in savings/checking of $10,000 or less for each person residing in the homestead.

(e) The property owner applying for the waiver of the Municipal Solid Waste Collection Fees shall not have ownership of, or interest in, real estate other than their homestead property.

(f) An individual filing an Application For Waiver Of Municipal Solid Waste Collection Fees pursuant to Subsections (a) through (e) of this Section shall file said Application For Waiver of Municipal Solid Waste Collection Fees each year on or before July 1 to be eligible for the waiver of Municipal Solid Waste Collection Fees for the following twelve (12) month period.

(g) All Applications for Waiver of Municipal Solid Waste Collection Fees will be considered by the Municipal Solid Waste Review Board. The Municipal Solid Waste Review Board shall be comprised of three (3) members who shall be the Township Assessor, Township Treasurer and an individual designated by the Township Supervisor. The Municipal Solid Waste Review Board shall have the authority to waive the Municipal Solid Waste Collection Fees or any part thereof for a period of up to twelve (12) months if it finds that a hardship as defined in Section 5.8(a) through (e) exists.

(h) Those persons who pursuant to Section 3.3 qualify for exemptions from the mandatory recycling provisions and requirements of this Ordinance shall be exempt from all recycling fees required by this Ordinance.

(i) The Charter Township of Bloomfield Assessing Department will make the Federal Poverty Threshold available to the Municipal Solid Waste Review Board and to the general public on an annual basis.

(j) The Township shall, on a quarterly basis, reimburse Waste Hauler for all fees for service provided that have been waived under this Section 5.8.

Sec. 6. CONTRACT FOR MUNICIPAL SOLID WASTE COLLECTION, RECYCLING AND DISPOSAL

6.1 The Township Supervisor shall develop contract specifications and a public bid procedure for the award of a contract for MSW collection, recycling and disposal in the Township. A Waste Hauler shall be selected by the Township Board to provide for the collection, disposal, resource recovery, recycling and composting of Municipal Solid Waste in the Township with respect to all existing and future residences and multiple dwellings in the Township in accordance with this ordinance, in accordance with the contract to be awarded, and in accordance with all applicable laws, ordinances, codes and regulations.

6.2 The Supervisor is authorized to include in bid specifications for the contract to be awarded those requirements and specifications determined by the Supervisor to be reasonably related to:

6.3 The contract to be awarded by the Township Board to the Waste Hauler shall, as a minimum, provide for:

6.4 The contract shall require the Waste Hauler to comply with applicable laws, ordinances, rules and regulations.

6.5 The contract shall require the Waste Hauler to secure and maintain in good standing all permits and licenses required by law, ordinance or regulation.

Sec. 7. PENALTIES

7.1 Any person who shall violate a provision of this ordinance shall be guilty of a misdemeanor, punishable by a fine not to exceed $500 or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment.

7.2 Each day in which a violation occurs, or continues, shall be deemed to be a separate offense.

Section 2 of Ordinance

Repealer

All ordinances or parts of ordinances in conflict with this ordinance are repealed only to the extent necessary to give this ordinance full force and effect.

Section 3 of Ordinance

Severability.

Should any section, subdivision, clause, or phrase of this ordinance be declared by the courts to be invalid, the validity of the ordinance as a whole, or in part, shall not be affected other than the part invalidated.

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 in force when they were commenced.

Section 5 of Ordinance

Effective Date.

The provisions of this Ordinance are ordered to take effect following publication in the manner prescribed by statute.

Section 6 of Ordinance

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 23, 2007.

_______________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #3 Refuse Contract

Tom Trice, Public Works Director, made the presentation.

On March 26, 2007, the Board approved a solid waste contract between the Township and Rizzo Services contingent upon the negotiation of a "Pay in Advance" discount for Township residents. An arrangement, that was agreeable to both parties, was reached. An advance yearly payment for 11 months makes the resident eligible to receive one month free.

Trice also advised the Board that a price change of 2.2 percent, over the original contract, was agreed upon and will become part of the contract as an attachment. Both changes were reviewed and approved by the Township Attorney.

MOTION by Barnett and SUPPORT by Devine to APPROVE the changes to the Refuse Contract.

Be It Resolved that the incentive for payment pertaining to paying for refuse collection in one payment and receiving one month free as negotiated is here by approved and is to be added to the final refuse contract between the Township and Rizzo Services.

Be It Further Resolved that the pricing for multiple family collection as negotiated is hereby approved and is to be added to the final refuse contract between the Township and Rizzo Services as an addendum to be included with all the prices.

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 23, 2007.

_______________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #4 Consider Approval of Auction License Application for Alan Ford and Detroit Performing Artists at Rhythm –n- Shoes

Clerk Roncelli made the presentation.

Two businesses in Bloomfield Township will be holding auctions which require approval by the Board. A surety bond must be presented to the Township for two times the value of the auction inventory.

MOTION By Buckley and SUPPORT by Barnett to APPROVE the Auctions to be Held at Alan Ford and Rhythm –n- Shoes Contingent Upon a Surety Bond being Presented to the Township before the Events.

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 23, 2007.

_______________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #5 Consider Resolution Recommending Project Plan for Marian High School

Mary Langhauser, Supervisor Financial Services, Oakland County Planning and Economic Development Services, and Sister Lenore M. Pochelski, IHM, Marian High School President, made the presentation.

Langhauser advised the Board that the Economic Development Corporation had unanimously approved the project plan for the Marian High School expansion.

Sister Lenore stated that they are two weeks ahead of schedule and she is thrilled with the project.

MOTION by Barnett and SUPPORT by Buckley to APPROVE the Marian High School Project Plan Resolution as Submitted.

WHEREAS, there exists in the County of Oakland the need for programs to alleviate and prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises, and to encourage the location and expansion of such enterprises in order to strengthen and revitalize the County's economy and to provide needed services and facilities to the County, the Township, and their residents; and

WHEREAS, the Economic Development Corporations Act, Act No. 338 of the Michigan

Public Acts of 1974, as amended (the "Act"), provides a means for the encouragement and assistance of industrial and commercial enterprises in locating, purchasing, constructing, reconstructing, modernizing, improving, maintaining, repairing, furnishing, equipping and expanding in the Township and the County; and

WHEREAS, The Economic Development Corporation of the County of Oakland (the

"EDC") has commenced proceedings for the assistance, pursuant to the provisions of the Act and through the issuance of its limited obligation economic development revenue bonds, of the Marian High School, Inc. Project (the "Project") which is located in this Township; and

WHEREAS, the EDC has determined that the Project is reasonable and necessary to

NOW, THEREFORE, BE IT HEREBY RESOLVED:

That in accordance with the Act, this Township Board hereby approves the Project Plan attached to this resolution as Exhibit A.

That the Clerk of this Township be and hereby is instructed to communicate this approval of the Project Plan to the Board of Directors of the EDC by delivering to said Board of Directors a certified copy of this resolution.

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

NAYS: None

RESOLUTION DECLARED ADOPTED:

STATE OF MICHIGAN )

COUNTY OF OAKLAND )

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 23, 2007.

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

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.

(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

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

ORDINANCE AND 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 23, 2007.

_______________________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #7 Consider Adoption of Ordinance 584, Elderly Care Development Ordinance

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 REGULATIONS," 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

This Ordinance is hereby declared to have been adopted by the Township Board of the Charter Township of Bloomfield at a meeting thereof duly called and held on the 23rd day of April, 2007, and ordered to be given publication in the manner prescribed by law.

ITEM #8 Cost Recovery from Candidates

The Waterford Township Board of Trustees recently passed this resolution. Bloomfield Township does not currently receive reimbursement from candidates for security expenses.

The Board discussed the unique circumstances of Waterford due to the airport on M-59 and also the assistance that is given by other services, i.e. Secret Services.

Motion by Stefanes to approve the resolution was withdrawn.

MOTION by Barnett and SUPPORT by Buckley to TABLE the Cost Recovery from Candidates Resolution.

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

NAYS: None

ITEM #9 Uniform Video Service Local Franchise Agreement for AT&T Michigan

Leslie Helwig, Community Relations, made the presentation.

This agreement follows Public Act 480 and the Township really has no authority to deny it. The agreement allowed the Township to insert certain figures; three percent for PEG (Public, Educational and Governmental) fees and $33,500.00 grant money for local broadcasting were added. Comcast currently disburses these two amounts to the Township.

Today, the Township received a letter from AT&T stating that they are reviewing the agreement, but would be unable to attend this Board meeting.

Helwig recommended the Board approve the AT&T resolution.

At a meeting of the Board of Trustees of the Charter Township of Bloomfield, Oakland County, Michigan, held on the 23rd day of April 2007, at the Township Hall, 4200 North Telegraph Road, Bloomfield Township, Michigan 48303-0489.

It was moved by Savoie and seconded by Stefanes;

WHEREAS, Public Act 480 of 2006, the Uniform Video Service Local Franchise Act (the "Act") became law in the State of Michigan; and

WHEREAS, Section 3 of the Act requires a Video Service Provider to enter into a state mandated Uniform Video Service Local Franchise Agreement (the "Agreement") with a Franchising Entity (the "Charter Township of Bloomfield" or "Township") prior to offering video services within the boundaries of that Franchising Entity; and

WHEREAS, on Wednesday, March 28, 2007, a proposed state mandated Agreement was submitted to the Township by AT&T Michigan; and

WHEREAS, Section (3)2 of the Act requires a Franchising Entity to notify the provider as to the completeness of the Franchise within fifteen (15) business days after the state mandated Agreement is filed with the Franchising Entity; and

WHEREAS, notice of the completeness of the state mandated Agreement was provided by the Township to AT&T Michigan on Thursday, April 12, 2007; and

WHEREAS, Section 3(3) of the Act requires a Franchising Entity to approve a state mandated Agreement found to be complete within thirty (30) calendar days from the date it is filed with the Franchising Entity; and

WHEREAS, based on the filing date and the thirty day deadline, the Township must take action on and notify AT&T Michigan as to whether the Township has approved the state mandated Agreement on or before Friday, April 27, 2007; and

WHEREAS, based on the date of filing of the state mandated Agreement with the Township, and the limited time frame within which the Township has to respond, Monday, April 23, 2007, is the only date the matter may be considered by the Bloomfield Township Board of Trustees (the "Board"); and

WHEREAS, the Board has determined that the state mandated Agreement meets the technical requirements of the Act, and therefore undertakes to adopt this Resolution approving the state mandated Agreement, as required by the Act.

NOW, THEREFORE, BE IT RESOLVED, BY THE BLOOMFIELD TOWNSHIP BOARD OF TRUSTEES, that the Township finds that the state mandated Agreement meets the technical requirements of the Act, and solely for that reason, the Township hereby approves the state mandated Agreement with AT&T Michigan as of Monday, April 23, 2007.

BE IT FURTHER RESOLVED, that such approval by the Township is given only because it is required by the Act, and is not an indication of the Township’s agreement with or assent to any provisions of the Act or the Agreement.

BE IT FURTHER RESOLVED, that Section VI. of the state mandated Agreement, entitled "Fees," shall be filled in by the Township as follows:

Subsection A(i) shall reflect a franchise fee under the Township’s existing franchise agreement with Comcast Corporation in the amount of five percent (5%).

Subsection A(ii) shall reflect a franchise fee to be paid upon expiration of the existing franchise agreement with Comcast Corporation in the amount of five percent (5%).

BE IT FURTHER RESOLVED, that Section VIII of the state mandated Agreement, entitled "PEG Fees," shall be filled in by the Township as follows:

1. Subsection A(1) shall reflect a PEG fee under the Township’s existing franchise agreement with Comcast Corporation in the amount of three percent (3%) of gross revenues, plus annual payments of $33,500.

2. Subsection A(2) shall reflect a PEG fee to be paid upon expiration of the existing franchise agreement with Comcast Corporation in the amount of two percent (2%).

BE IT FURTHER RESOLVED, that by approving the state mandated Agreement, the Township shall not be found to have waived its rights to challenge any provisions of the Act and/or any related provisions of the state mandated Agreement on the basis that such provisions are invalid and unenforceable as violations of law, including on the grounds that a particular action is an unconstitutional impairment of contractual rights, and further reserves any and all rights stemming from any successful challenge to such provisions undertaken by any other local franchising entity.

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

NAYS: None

ABSTENTIONS: None

RESOLUTION DECLARED ADOPTED.

STATE OF MICHIGAN )

)ss

COUNTY OF OAKLAND)

I, JANET RONCELLI, the duly qualified and acting Clerk of the Charter Township of Bloomfield, Oakland County, Michigan, do hereby certify that the foregoing is a true and complete copy of a Resolution adopted by the Board of Trustees of the Charter Township of Bloomfield at a duly called meeting held on the 23rd day of April 2007, the original of which is on file in my office.

ITEM #10 Approve Payroll and Vouchers

MOTION by Barnett and SUPPORT by Roncelli to APPROVE payroll and vouchers A002295-A002329; B015460-B015669; E002247-E002258 totaling $2,065,057.75.

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

NAYS: None

ITEM #11 Public Comment

ITEM #12 Adjourn to Closed Session to Discuss Pending Litigation

MOTION by Savoie and SUPPORT by Barnett to adjourn to closed session to discuss pending litigation.

Roll Call taken by Clerk Roncelli:

Barnett - yes

Stefanes - yes

Devine - yes

Payne - yes

Roncelli - yes

Buckley - yes

Savoie - yes

Included in Board Packet:

Bloomfield Twp. Police Dept. – March 2007 Monthly Report

Bloomfield Twp. Fire Dept. – December 2006 and January 2007 Monthly Reports

TABLED ITEMS: Innerwoods Lot Split

(Tabled Indefinitely)

Meeting adjourned at 8:36 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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Charter Township of Bloomfield
4200 Telegraph Road
P.O. Box 489
Bloomfield Hills, MI 48303-0489
248.433.7700

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