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Government > Minutes

Overview  |  Board of Trustees  |  Planning Commission
Zoning Board of Appeals

Board of Trustee Minutes

CHARTER TOWNSHIP OF BLOOMFIELD
BOARD OF TRUSTEES
Monday, May 14, 2007

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

Also present, Attorneys William Hampton and Mark Roberts

ABSENT: None

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

8:00 p.m. S.A.D. 399 – LAKECREST SANITARY SEWER HEARING OF ASSESSMENT PUBLIC HEARING:

Wayne Domine, Director, Engineering and Environmental, made the presentation.

This is the second public hearing for the Lakecrest Dr. Sanitary Sewer Project. At the first hearing, the Board authorized the procurement of construction bids as well as awarding the contract.

On May 7, 2007, Utility Services Authority, LLC submitted the lowest bid in the amount of $387,903.00. Domine recommended that the Board accept the low bid and award the project to Utility Services Authority, LLC, and also proceed with the project with the first assessment due in August 2007. The project will take approximately 60 days to complete.

Richard Weber, 3737 Lakecrest Dr., spoke to the Board during public comment for the Lakecrest Dr. Sanitary Sewer Hearing of Assessment.

MOTION by Barnett and SUPPORT by Buckley to ACCEPT the Low Bid of $387,903.00 and AWARD the Lakecrest Dr. Sanitary Sewer Project to Utility Services Authority, LLC.

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 May 14, 2007.

____________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #1 Approved Board Minutes of April 23, 2007 and Study Session Minutes of April 25, 2007.

 

ITEM #2 Annual Police Department Awards for 2006 – Presented by Chief Kirt Bowden

Police Chief Kirt Bowden and Deputy Chief Geof Gaudard presented the awards. The following people were recognized:

Mr. Michael Parker – Civilian Commendation

Ms. Mary Lou Smithers – Citizen Letter of Appreciation

Ms. Addie Shattuck – Citizen Letter of Appreciation

Detective Cory Bauman (Southfield Police Dept.) – Medal of Bravery

Officer Jim Moschel – Meritorious Service Award

Captain Steve Cook, Sergeant Paul Schwab, Officer Pete Matejcik and Officer Jeff Nolan – Department Unit Commendation

Detective Don Rohan (Retired) – Honorable Mention Certificate

Officer Andy Ball – Honorable Mention Certificate

Dispatcher Kristy Sung – Honorable Mention Certificate

Dispatcher Mary Kay Barnes – Letter of Recognition

Officer Joseph Borro and Officer Aaron Sparks – Letter of Recognition

Officer Pete Matejcik – 2006 Donald E. Zimmerman Officer of the Year Award

The Board extended their congratulations to all award recipients.

 

ITEM #3 Joint Application to County for Study of Consolidation of Police and Fire Departments with Birmingham

David Potts, Oakland County Commissioner, made the presentation.

Oakland County has appropriated roughly $400,000.00 for this type of study between communities. Once the application is submitted to the County, it will be acted upon expeditiously. Plante Moran will complete the study and provide the information in approximately 90 days.

MOTION by Devine and SUPPORT by Barnett to APPROVE the Joint Application for the Study of Consolidation of Police and Fire Departments Between Bloomfield Township and Birmingham and SUBMIT to Oakland County.

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 May 14, 2007.

____________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #4 Award Bid for GASB 45 Actuarial Services – Presented by Steve Rosser

Governmental Accounting Standards Board (GASB) 45 requires more complete and reliable reporting of benefits for active and retired employees. As a result of the new accounting standard, an actuarial firm should be hired to provide assistance and consultation. Bids from three companies were obtained – Alliance Benefit Group, Milliman, Inc. and Prudential.

Rosser recommended Milliman, Inc. to the Board with a bid of $13,500.00

MOTION by Devine and SUPPORT by Buckley to APPROVE the GASB 45 Actuarial Services to be Completed by Milliman, Inc. with a Fee Not to Exceed $13,500.00.

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 May 14, 2007.

____________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #5 Consider Approval of Gilbert Lake – Lake Board

Clerk Roncelli made the presentation.

The decision of the Board for this meeting will be to determine whether or not to approve the request to form a Gilbert Lake – Lake Board. The petitions from 2/3 of the 53 freeholders abutting the lake meet the criteria for formation of a lake board for a private lake per P.A. 451. The offices of the Clerk and Assessor and the Township Attorney reviewed all petitions and properties. If the request were approved, then the lake board would conduct a Hearing of Practicability to evaluate what is needed to improve the lake and a Hearing of Assessment to determine the assessment roll.

Mark Roberts, Township Attorney, reiterated that this approval is not the formal determination of anything except the formation of a lake board. He also advised that an engineering study would be required before an improvement to the lake could be made.

Supervisor Payne advised that one benefit of a lake board is that you are able to get a good analysis of the lake and what is needed for improvement.

Clerk Roncelli advised the Board that she had received comments from four residents: Lois Zussman, 4050 Overlea Ct., John Mayes, 5350 Lane Lake Rd., Laurence Herman, 1101 Timberlake Dr., and Esther Hofley, 3928 Cotton Tail Ln., regarding establishment of a Gilbert Lake – Lake Board. The first resident was in favor and the others were opposed.

Trustee Stefanes clarified that this agenda item is to establish a lake board; it does not require a financial commitment from any of the affected residents at this point.

Clerk Roncelli advised that she is a lake-access lot owner on Gilbert Lake and, therefore, should possibly hold her vote for this agenda item. Attorney Hampton stated that if the Lake Board was formed there may be a question of her sitting on the Board, but for tonight’s vote, that would be up to the Board of Trustees. All Board members indicated that they were in favor of her voting on this item.

David Monroe, 1065 Timberlake Dr., Kevin Merlo, 5131 Tootmoor, and Samir Danou, 5403 Telegraph Rd., spoke to the Board during Public Comment regarding this agenda item.

MOTION by Savoie and SUPPORT by Barnett to ACCEPT the Petition and Resolution as Submitted and Create a Gilbert Lake – Lake Board.

RESOLUTION

WHEREAS, the Charter Township of Bloomfield on March 20, 2007, was presented with a petition signed by 2/3 or more of the freeholders of land abutting Gilbert Lake requesting the establishment of a lake board pursuant to Public Act 451 of 1994, the Natural Resources and Environmental Protection Act, as amended by Part 309, Inland Lake Improvements, March 1, 2005, MCL §324.30901, et seq. for the improvement of Gilbert Lake; and

WHEREAS, the petition states the purpose of the lake board as to provide for the improvement of Gilbert Lake or any adjacent wetlands, including investigating the practicability of all weed control methods, the removal and disposal of undesirable accumulated materials from the bottom of the lake or wetlands by dredging, ditching, digging or other related work, or any other improvements to the Lake authorized under the Inland Lake Improvement Act, MCL §324.30901, et seq;

NOW THEREFORE, be it resolved by the Township Board as follows:

1. That a lake board shall be set up as provided in MCL §324.30903.

2. That the lake board, to be known as the Gilbert Lake Lake Board, shall provide for the improvement of Gilbert Lake or wetland adjacent to the Lake, and may take all steps authorized by MCL 324.30902 for the improvement of the Lake, including steps necessary to remove and properly dispose of undesirable accumulated materials from the bottom of the lake or wetland by dredging, ditching, digging or other related work.

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 May 14, 2007.

____________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #6 Consider Adoption of Ordinance 577, Solid Waste Collection and Fees

There have been no changes to Ordinance 577 since its introduction to the Board on April 23, 2007.

MOTION by Buckley and SUPPORT by Barnett to ADOPT Ordinance 577, Solid Waste Collection and Fees.

CHARTER TOWNSHIP OF BLOOMFIELD

OAKLAND COUNTY, MICHIGAN

ORDINANCE NO. 577

SOLID WASTE COLLECTION AND FEES

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:

(a) Promoting and protecting the public health, safety and welfare.

(b) Providing appropriate services to properties within the Township.

(c) Promoting the general understanding of and need for resource recovery, recycling and composting.

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

(a) The collection of MSW and recyclables from single-family dwellings and multiple dwellings of generation.

(b) A household hazardous waste program.

(c) The requirement of a program for recycling and composting.

(d) Other miscellaneous services to be specified by the Supervisor as part of the bid process, including, without limitations, dumpster service at municipal buildings and facilities, a drop-off center, and spring clean up assistance.

(e) Insurance and bonding requirements, including liability, Workers' Compensation and a performance bond.

(f) The preparation and submission of reports by the Waste Hauler describing the volume and location of MSW generated in the Township, as well as other reports required by the Township to determine the efficiency and effectiveness of the Municipal Solid Waste program, including the effectiveness and efficiency of recycling and composting in the Township.

(g) A provision for the rights of the Township in the event of a failure to perform on the part of the Waste Hauler.

(h) The rights and obligations of the Township for termination of the contract.

(i) Operational specifications, including specifications for collection trucks and equipment, employees, contractor maintenance facility, waste container handling and condition, schedules and routes, addressing citizen complaints, and other matters deemed necessary or appropriate by the Township Supervisor.

(j) Right and authorization of the Township to inspect records and operations of the Waste Hauler.

(k) Provision for a multi-media informational program with respect to resource recovery, recycling and composting.

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

ORDINANCE DECLARED ADOPTED.

CERTIFICATION

I hereby certify that the foregoing Ordinance was adopted by the Board of Trustees of the Charter Township of Bloomfield at a meeting held on May 14, 2007, and that the original of this Ordinance is on file in my office.

____________________

JANET M. RONCELLI

TOWNSHIP CLERK

ITEM #7 Consider Final Site Plan for New Target Store, 2400 Telegraph Rd. – Presented by Patti McCullough

Target Corporation is seeking a site plan approval and rezoning request. Currently, the site is zoned B-3, General Business, P-1, Vehicular Parking, and R-3, Single Family Residential. Target is seeking approval to rezone a portion of the site zoned P-1 to B-3 to allow for the development of a retail building. The residential portion of the land will remain a green lot.

The plan includes constructing a new commercial building with landscape improvements on the buffer lot, replacing an existing concrete screen wall with a decorative masonry wall capped in stone and a landscape berm adjacent to the residential property. Target Corporation has also agreed to contribute towards the improvement of the median areas on Telegraph Road.

The Target site plan has been reviewed by the Michigan Department of Transportation (MDOT), which has proposed some traffic improvements. Also, there will be two entrance drives from Telegraph Road. There will be no access from Square Lake Road, Bataan Dr. or from Hillside Furniture.

Rick Rattner, Attorney representing Target, Jim Miller, Architect for Target, Forrest Russell, Target Senior Development Manager, and Cliff Ashley, Engineer with Giffels-Webster, presented a PowerPoint presentation to the Board showing what the proposed Target store and land will look like when completed in October 2008.

Attorney Greg Need, representing the Bataan Dr. residents, spoke to the Board regarding the construction of a Bataan Dr. cul-de-sac.

MOTION by Barnett and SUPPORT by Buckley to APPROVE the Rezoning from P-1 to B-3.

MOTION by Barnett and SUPPORT by Stefanes to APPROVE the Site Plan as Submitted Contingent Upon Compliance with the Requirements as Noted by the Township Departments and Township Consultants, Compliance with the Wetlands Board Approval, and Application for Signage Approval by the Design Review Board.

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 May 14, 2007.

____________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #8 Introduction of Zoning Ordinance 585, Amendment to Establish Permanent Lawn Ground Cover for Construction Projects – Presented by Patti McCullough

Currently, there is no ordinance or resolution in the Townshipwhich addresses lawn or ground covering. This ordinance will clarify when a certificate of occupancy may be issued, as well as the necessary documentation and site conditions needed to occupy a building.

MOTION by Barnett and SUPPORT by Devine to APPROVE the Introduction of Zoning Ordinance 585, Amendment to Establish Permanent Lawn Ground Cover for Construction Projects.

CHARTER TOWNSHIP OF BLOOMFIELD

COUNTY OF OAKLAND

STATE OF MICHIGAN

ORDINANCE NO. 585

PERMANENT LAWN GROUND COVER

AN ORDINANCE TO REQUIRE THE ESTABLISHMENT OF PERMANENT LAWN GROUND COVER AT THE TIME OF ISSUANCE OF A CERTIFICATE OF OCCUPANCY OR THE POSTING OF A FINANCIAL GUARANTEE

THE TOWNSHIP OF BLOOMFIELD ORDAINS:

Section 1. Article XVII Administration, Section 1702. Certificate of Occupancy, of the Township Zoning Ordinance No. 265, as amended, is hereby amended to add subsections 2 b, c and d to read as follows:

SECTION 1702. CERTIFICATE OF OCCUPANCY:

No land, building, structure, or part thereof shall be occupied by or for any use for which a building permit is required by this Ordinance unless and until a Certificate of Occupancy shall have been issued for such new use. The following shall apply in the issuance of any certificate:

1. Certificates Not to be Issued.

No Certificates of Occupancy pursuant to the Building Code of the Township of Bloomfield shall be issued for any building, structure or part thereof, or for the use of any land, which is not in accordance with all the provisions of this Ordinance.

2. Certificate Required.

No building or structure, or parts thereof, which is hereafter erected or altered, shall be occupied or used or the same caused to be occupied or used, unless and until a Certificate has been issued and the following requirements complied with and approved by the Building Inspector.

a. Prior to the issuance of a Certificate of Occupancy, a grading certificate prepared, signed, and sealed by a registered professional civil engineer or a registered professional land surveyor shall be submitted to the Building Inspector. The grading certificate shall be submitted in duplicate, attesting to the fact that the site has been constructed and graded in accordance with the approved grading plan. The grading certificate shall also state that the permanent irons at each lot corner are in evidence, and that the drainage pattern is in accordance with the grading plan as approved at the time of issuance of the building permit.

b. If, at the completion of the building project, and if for reasons beyond the control of the applicant, such as when weather conditions make finish grading unfeasible to be completed, the applicant shall, in lieu of a grading certificate, post a financial guarantee with the Township in the form of a cash bond. This alternative may be used at the discretion of the Building Inspector, and the bond shall be in an amount set by the Building Inspector to insure completion of the finish grading and the submission of such certificate within nine (9) months, or at the next opportunity. In such case, a Temporary Certificate of Occupancy may be issued and the date for completion of grading shall be indicated on the Temporary Certificate of Occupancy or its related documents.

c. Permanent lawn grass ground cover is installed by seeding or sodding, pursuant to written specifications of seed, sod, soil and time of planting approved by the Building Inspector. Permanent ground cover other than lawn grass may be substituted in rear yards, subject to approval by the Building Inspector.

d. If the above prescribed final grading is not completed, and the above prescribed ground cover is not established and thriving at the time of application for the Certificate of Occupancy, the applicant shall post a financial guarantee with the Township in the form of a cash bond in an amount estimated by the Building Inspector necessary to ensure completion thereof within nine (9) months. All temporary erosion control measures must remain in place until such time that the ground cover is established.

A Certificate of Occupancy shall also be required for the change of any existing principal use or tenancy of a building or land to another principal use or tenancy, excepting residential tenancy.

Section 2. 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 3. 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 4. 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 5. Effective Date.

The provisions of this Ordinance are hereby ordered to take effect immediately upon publication in the manner prescribed by law.

Section 6. 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 May 14, 2007.

____________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #9 Planning Department 2006 Annual Report – Presented by Patti McCullough

McCullough presented the Planning Department 2006 Annual Report to the Board of Trustees.

A complete copy of this report is available in the Clerk’s office.

 

ITEM #10 Building Department 2006 Annual Report – Presented by Patti McCullough

McCullough presented the Building Department 2006 Annual Report to the Board of Trustees. She advised the Board that this is the first annual report for the Township Building department.

A complete copy of this report is available in the Clerk’s office.

 

ITEM #11 Award Contract for 2007 Safety Paths – Presented by Wayne Domine

The 2007 Safety Path Program consists of new paths on Quarton Road, Gilbert Lake Road, 14 Mile Road, Lone Pine Road, Opdyke Road, Hickory Grove Road and Franklin Road.

Bids for this project were received on April 18, 2007. Domine recommended Italia Construction, Inc. whose bid of $905,802.00 was the lowest.

MOTION by Buckley and SUPPORT by Roncelli to AWARD the Contract for the 2007 Safety Paths to Italia Construction, Inc.

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

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the foregoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on May 14, 2007.

____________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #12 Award Contract for 2007 Concrete Repair Program – Presented by Wayne Domine

The 2007 Concrete Repair Program consists of replacing concrete sections on roads located in the Wabeek Lake Subdivision, North of Long Lake Road; Wayside Glen Subdivision, East of Inkster Road; and Bloomfield Crossing Subdivision, South of Square Lake Road. The concrete safety path repairs vary throughout the Township.

Bids for this project were received on April 18, 2007. Domine recommended LaCaria Concrete Construction whose overall bid of $358,695.50 ($225,945.50 – road repair, $132,750.00 – safety path repair) was the lowest.

MOTION by Devine and SUPPORT by Buckley to AWARD the Contract for the 2007 Concrete Repair Program to LaCaria Concrete Construction, Inc.

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

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, JANET M. RONCELLI, TOWNSHIP CLERK of the Charter Township of Bloomfield, County of Oakland, Michigan, do hereby certify the foregoing is a true and correct copy of a resolution adopted by the Board at their regular meeting held on May 14, 2007.

____________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #13 2007 West Nile Virus Fund Reimbursement

An annual reimbursement request resolution is required in order for the Township to receive reimbursement from Oakland County for a portion of the funds expended on the West Nile Virus Management Program. The estimated share of the reimbursement money is $17,091.49.

MOTION by Stefanes and SUPPORT by Buckley to ADOPT the 2007 Oakland County West Nile Virus Fund Reimbursement Resolution.

RESOLUTION AUTHORIZING WEST NILE VIRUS FUND

EXPENSE REIMBURSEMENT REQUEST

WHEREAS, upon the recommendation of the Oakland County Executive, the Oakland County Board of Commissioners has established a West Nile Virus Fund Program to assist Oakland County cities, villages and townships in addressing mosquito control activities; and

WHEREAS Oakland County’s West Nile Virus Fund Program authorizes Oakland County cities, villages and townships to apply for reimbursement of eligible expenses incurred in connection with personal mosquito protection measures/activity, mosquito habitat eradication, mosquito larviciding or focused adult mosquito insecticide spraying in designated community green areas; and

WHEREAS the Charter Township of Bloomfield, Oakland County, Michigan has incurred expenses in connection with mosquito control activities believed to be eligible for reimbursement under Oakland County’s West Nile Virus Fund Program.

NOW THEREFORE BE IT RESOLVED that this board authorizes and directs its Supervisor, as agent for the Charter Township of Bloomfield, to request reimbursement of eligible mosquito control activity under Oakland County’s West Nile Virus Fund Program.

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 May 14, 2007.

____________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #14 DWSD Contract Response

Tom Trice, Public Works Director, made the presentation.

In March, the Detroit Water and Sewer Department (DWSD) presented a contract to local Township officials. There is great concern with this document as is it heavily one-side and only benefits DWSD.

Trice recommended that the Board approve a letter to be signed by David Payne, Township Supervisor, and submitted to DWSD outlining all areas of disagreement.

MOTION by Devine and SUPPORT by Barnett to AUTHORIZE the Township Supervisor to Sign and Submit a Letter of Contract Disagreement with DWSD.

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF BLOOMFIELD

RESOLUTION

RECITALS:

WHEREAS, the City of Detroit owns and operates a public water supply system supplying water to numerous communities throughout southeastern Michigan; and,

WHEREAS, the Charter Township of Bloomfield ("Township") contracts with the City of Detroit to supply potable water to its residents; and,

WHEREAS, the initial term of the Township’s current contract with the City of Detroit has expired and has since been renewed on a year-to-year basis according to the terms of that contract; and,

WHEREAS, in anticipation of the expiration of water service contracts with numerous governmental entities in southeastern Michigan, over the last three years, the City of Detroit is in the process of developing a Model Water Contract and will be seeking Township approval of the terms of this Model Water Contract; and,

WHEREAS, the City of Detroit and Technical Advisory Contract Workgroup, through their cooperative efforts, have made significant progress in the drafting of a Model Water Contract; and,

WHEREAS, it is in the public interest that the proposed Model Water Contract provide all customers a long-term supply of potable water that meets or exceeds Michigan and federal regulatory requirements for drinking water quality, without discrimination and at the lowest reasonable rates; and,

WHEREAS, in March of this year, the City of Detroit and Technical Advisory Contract Workgroup presented their draft of the Model Water Contract to the customer communities and have requested the Township to provide input within sixty (60) days; and,

WHEREAS, while recognizing the effort and progress that have been made to date on several issues, the Township desires to provide an initial response to the request for input at this time by authorizing the Township Supervisor to identify concerns and issues that have not been addressed in this long term water contract; and,

NOW THEREFORE BE IT RESOLVED that the Township Board of the Charter Township of Bloomfield hereby authorizes the Township Supervisor to provide to the City of Detroit, in writing, the Township’s remaining concerns regarding the terms of the Model Water Contract.

BE IT FURTHER RESOLVED that the Township Supervisor and the Clerk are authorized and directed to forward a letter on behalf of the Charter Township of Bloomfield to the City of Detroit and DWSD.

STATE OF MICHIGAN )

) ss:

COUNTY OF OAKLAND )

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

NAYS: None

RESOLUTION DECLARED ADOPTED.

I, the undersigned, the qualified and acting Township Clerk of the Charter Township of Bloomfield, Oakland County, Michigan, do certify that the foregoing is a true and complete copy of the Resolution adopted by the Township Board of the Charter Township of Bloomfield at a meeting held on the 14th day of May, 2007, the original of which is on file in my office.

____________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #15 2007 Senior Services Food Service Contract – Presented by Chris Tvaroha

This is an opportunity to save money for the senior nutrition program. The proposed menu is currently being served to Daimler Chrysler Financial employees as part of their heart healthy portion-controlled meal program by Corporate Food Services, Inc. (CFS). CFS will supply nutritious meals at a lower price ($3.35) than the current provider, Emerald Food Service (EFS).

A complete copy of the contract is available in the Clerk’s office.

MOTION by Buckley and SUPPORT by Devine to AUTHORIZE and APPROVE the Signing of the Contract Between the Bloomfield Township Senior Services Department and Corporate Food Service, LLC.

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 May 14, 2007.

____________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #16 Resolution of Support for Tina Barton (Scholarship Application)

Clerk Roncelli made the presentation.

This is an opportunity for Tina Barton, Deputy Clerk, to apply for a scholarship through the Michigan Township Association (MTA). The scholarship, if awarded, would be for $1000.00 and requires the support of the Board of Trustees.

MOTION By Savoie and SUPPORT by Barnett to APPROVE the Resolution of Support for Tina Barton.

RESOLUTION OF SUPPORT FOR TINA BARTON

ROBERT R. ROBINSON MEMORIAL SCHOLARSHIP FUND

WHEREAS, the Robert R. Robinson Memorial Scholarship, sponsored by the Michigan Township Association, assists students in Michigan who are preparing for a career in public administration; and

WHEREAS, the scholarship will be awarded on a competitive basis, as determined by the applicant’s academic achievement, community involvement and commitment to a career in local government administration; and

WHEREAS, the scholarship application requires a resolution of support from a Michigan township board; and

WHEREAS, Tina Barton, Deputy Clerk, a senior undergraduate and an applicant for the scholarship, has demonstrated academic achievement with a 3.8 grade point average (GPA), community involvement with the elections, and a commitment to a career in local government administration with her position as deputy clerk;

NOW THEREFORE BE IT RESOLVED that the Bloomfield Township Board of Trustees supports Tina Barton’s application and highly recommends her as a recipient for the Robert R. Robinson Memorial Scholarship.

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 May 14, 2007.

____________________

JANET M. RONCELLI

TOWNSHIP CLERK

 

ITEM #17 Approve Payroll and Vouchers

MOTION by Devine and SUPPORT by Buckley to APPROVE payroll and vouchers A002330-A002380; B015670-B016042; E002259-E002281 totaling $2,813,888.46.

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

NAYS: None

 

ITEM #18 Public Comment

Supervisor Payne recognized two high school seniors, one from Hartland High School and one from Andover High School, who were in the audience.

Included in Board Packet: Bloomfield Twp. Fire Dept. – February 2007 Monthly Report

West Nile Virus – 2006 Program Summary and 2007 Outlook

2007 Master Plan Update

TABLED ITEMS: Innerwoods Lot Split

(Tabled Indefinitely)

Cost Recovery Resolution

(Tabled Indefinitely)

Meeting adjourned at 10:35 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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